Through direct influence of President Edgar Lungu, a judge has ordered Nkana Alloy and Smelting Company (NASC) to surrender ‘Black Mountain’ to Shawki Fawaz, a documented criminal. He is a friend of President Lungu. See in the photos. Black Mountain is a copper slag dump located in Wusakile township Kitwe.
Slag is ‘waste’ material left over when metals are refined from ore.
It is used to construct roadways and railroad beds when mixed with cement. It is also used for sand blasting, added to roofing shingles and many other usages.
The dumping site belongs to NASC but copper thieves, known as Jerabos
or (jail boys) led by Fawaz took over the site prompting the owners of the mines to chase them. Fawaz asked president Lungu to intervene but Lungu told him he could not do it direct but that he can file court papers to give the process some legality and legitimacy.
Fawaz, using his company Lunga Mineral and Exploration Limited filed court papers. Lusaka High Court Judge Mwila Chitabo had no choice but to issue an interlocutory injunction ordering the owners of the slag dump to stay away from the site.
Though the matter has not been decided, the interlocutory injunction is in favour of Fawaz. It orders Nkana Alloy and Smelting Company to leave Fawaz to run the slag. In a normal situation, where there is a dispute, both parties would be ordered to stay away from the disputed site until the matter is decided. But in this case, the trial is going on but Fawaz has been given powers to continue using the site while the other party has been told to stay away and not to interfere with Fawaz’s usage of the site. Where is justice? What will happen if at the end Nkana Alloy and Smelting Company wins the case, will Fawaz hand over the profit to NASC?
Judge Chitabo ordered that the plaintiffs (Fawaz), with the aid of court certified bailiffs, police officers, be at liberty to take immediate possession of the property from any person in possession of the said property. The plaintiffs were to be handed the property for purposes of commencing prospecting works at the site as per mineral processing licence until determination of the matter. The order further Fawaz be given reasonable, unfettered and immediate access to the process area.
“The interlocutory order of injunction mandating the defendant to grant the plaintiff by itself, workers or agents from in any way howsoever interfering with the plaintiffs exclusive rights of workers of accessing the black mountain or transporting material from site for purposes of process is hereby effected,” read the order in part.
The order indicated that should the defendants whether by themselves or agents disobey the order, they would be liable to process of execution for the purpose of compelling them to obey the directive and may be liable for contempt.
Meanwhile, trial is expected to start today??? Zambia the real Africa.
Who is Fawaz?
March 25, 1998: Lusaka magistrate’s court issues a warrant for the arrest of a Lebanese businessman Shawi Fawaz, who is facing various counts of unlawful exportation of illegal drugs.
In the 1989, he was deported from Zambia due to his criminal activities but the court allowed him back in the country after he bribed his way back into the country and arguing that he was Zambian by birth.
In 1994, Fawaz with Prosper Chelela was sentenced to 20 years in prison with hard labour for murdering a person named as Grant Kolala. The deceased was discovered dead behind the steering wheel of fiat motor vehicle, which was in a ditch by the side of the road in Lusaka.
Fawaz was only acquitted by the Supreme Court after the only eye witness was threatened and money exchanged hands.