Here is a detailed analysis of how gullible Zambians have been cheated on the Liquidation of KCM
For starters, let’s get one thing straight. Yesterday we wrote that Vedanta, KCM has appointed PF minister of Eastern province Makebi Zulu to oppose the liquidation of KCM. You must understand that now there are two groups of people saying I am ‘KCM’. One group is led by Christopher Sheppard, the one everyone knows as the CEO of KCM, at least until a few days ago. This is the group that owns KCM and has been running it until it was taken over this week. This is the group which was not heard by the Lusaka high court. This is the group that might go to international courts.
The other group is led by Milingo Lungu, the PF deputy chairman for legal affairs. He is the one who was appointed provisional liquidator by a nameless high court judge. The nameless judge gave Milingo full powers to manage KCM. These powers include appointing lawyers for KCM. In short, Milingo Lungu is now KCM. It is this Milingo KCM that appointed Makebi Zulu as lawyer for KCM using powers he was given by the court. The real owners of KCM have been blocked even from being heard by the court. Bizarre as it sounds, that is what is happening.
The reason is simple. It is to block Vedanta. Vedanta will be told by the liquidator and Zambian courts that it has no locus standi.
Jonas Zimba is also the lawyer for embattled minister of infrastructure Ronald Chitotela in which Milingo Lungu is also mentioned as the one who was facilitating the purchase of properties for Chitotela, money laundering.
Now here is the trend that PF has been using to use exparte liquidation and other cases.
It started with the adoption of President Edgar Lungu as PF Presidential candidate in 2015 after the PF conventions produced two candidates.
Miles Sampa and Edgar Lungu. Makebi Zulu then was representing Miles Sampa. Whilst Makebi was sleeping, the Edgar Lungu team comprising Inonge Wina as Party Chairperson and Davis Chama as Secretary General then pulled a quick one through Judge Mungeni Mulenga as High Court Judge. The Edgar Lungu Lawyers sued Davis Chama and Inonge Wina. Inonge Wina and Davis Chama’s lawyers entered a consent judgement and Edgar Lungu became party president and candidate.
Makebi learnt a lesson. Comes in Lewis Mosho over the Post Newspapers. The ailing Lewis liquidates the Post Newspapers exparte through Judge Sunday Nkonde and becomes Liquidator. Lewis Mosho appoints a lawyer to represent the Post Newspapers. When the Post tried to engage the Nchitos to represent the company, the Judge says the Nchitos have no locus standi as the Liquidator has taken possession of the company and as such the liquidator Mosho has the right to appoint a lawyer to represent workers of the Post Newspapers.
Fred Mmembe gave up. Lewis Mosho pulls another quick one. He liquidates Grizzly Mining Exparte and appoints Lawyers Mosha and Company to represent the Isreal Shareholders. Dickson Jere of Mvunga and Company who has been a long time lawyer for the Isrealis applies to join the case but Mosho opposes says Jere has no locus standi as the Liquidator has powers to appoint lawyers to represent the Israelis.
Now it is KCM. Milingo Lungu is the one who has appointed Makebi Zulu and Mulenga Mundashi to represent Vedanta.
By the way Jonas Zimba of Makebi Zulu, Mulenga Mundashi and Milingo Lungu are all PF lawyers. They all represented President Edgar Lungu over the third term case in the Constitution Court.
Jonas Zimba is also the main Lawyer for Ronald Chitotela in the matter the Anti Corruption Commission has taken to court. Milingo Lungu is mentioned by State witnesses that his law firm Lungu Simwanza and Associates was the one purchasing properties on behalf of Chitotela.
As for the liquidation of KCM, the PF are predictable. We have given you the trend of exparte liquidations. They end up in Consent Judgements. If you think you can do the same thing all the time and end up with a different result then you are fool. We shall wait to proved wrong.
You see, the basic problem is our courts. They can give someone powers to take over your company without hearing you, then give that same person power to appoint lawyers to represent your company. But you see, karma is a bitch. These same dirty, sh**t laws the PF are inventing will be used against them one day.