What gives Shawi Fawazi and his partners the audacity and courage to ignore the Supreme Court of Zambia? Is it because he is protected or is actually working with minister of mines Richard Musukwa and his Permanent Secretary Barnaby Mulenga? We are at pains to understand how a common criminal like Shawi Fawazi can disobey Supreme Court judgments and nothing is being done about it.
From 2007, when he left prison, Shawi Fawazi has been claiming that he owns Kalengwa mine situated in Mufumbwe district of North-western province. He has actually been mining and looting minerals illegally on that site. He has taken this matter to court and other people, entities asserting ownership of Kalengwa mine have taken Fawazi to court over the same matter. We believe that submitting to legally constituted courts; presided over by neutral, corruption -free judges is the most civilised way of resolving disputes in society. But why is Shawi Fawazi above the law? From 2007, Shawi Fawazi has been going to court and losing his claim that he owns Kalengwa mine. One of the licences he possessed was revoked by the ministry after it was discovered that it was procured by fraud. So, who gave Shawi Fawazi Kalengwa mine if the government of Zambia did not? We are also aware that Fawazi is not a chief in Mufumbwe nor is he an indigenous son of Mufumbwe. Therefore, he can’t claim that he inherited Kalengwa mine from senior chief Fawazi of the Kaonde People.
On three occasions, the Supreme Court has ruled that Fawazi does not own Kalengwa mine. The Supreme Court even ordered Fawazi to vacate Kalengwa mine because he, or his partner do not own it. But Fawazi continues occupying the mine and stealing minerals. He has chased away the real owners of the mine.
On 27 March 2017, the Supreme Court issued its third judgment on the ownership of Kalemgwa mine. For the avoidance of doubt, we hereby attach full judgment: Zambian Supreme Court 2016-EURO-AFRICA-KALENGWA-MINE-LTD-Vs-LUNGA-MINERALS-AND-EXPLORATION-LTD-30-MARCH-2017-JUSTICE-G.S.PHIRI_. (1).
In this judgment, the Supreme Court judges explained in very clear language that Kalengwa mine belongs to Euro Africa Kalengwa Mines Limited and not to Shawi Fawazi, or the numerous companies he has registered such as Lunga Minerals & Exploration limited, and Hetro mining . Now he is using another front or version he calls Kalengwa Mineral Processing Limited
Despite these clear and strong words by the Supreme Court, Fawazi continuous occupying Kalengwa mine while at the same time filing in court challenges using different fake companies. Surely this has to come to an end. Some must take action to protect the integrity of the Supreme Court. If thieves can be allowed to disobey the Supreme Court, very soon the courts will become irrelevant.
This is what the now exasperated Supreme Court judges said when the issue of Kalengwa mine came up for the third time. The subject matter of the case has already been adjudicated upon by this court in two final judgments and in the judgment on 25 March 2015, we ordered Hetro mining to vacate the disputed mine with immediate effect and we allowed the appellant [Euro Africa Kalengwa Mines Limited] to take possession of the mine. The Court said that ‘for the respondents [Fawazi’s Lunga Resources company] to now challenge possession based on our judgment is pure arrogance particularly that the people behind Lunga Resources and Hetro mining are the same people that made unsuccessful claims to the mine in the previous two claims. The Supreme Court further said that ‘the view we take is that our judgments and the Kalengwa mine are res judicata, meaning that it is finally decided. In this case, the issue of fact affecting the status of Kalengwa mine has been determined in a final manner as a substantive part of the judgment of this court, and the same issue cannot come directly in question in subsequent civil proceedings between any parties whatsoever. “Our judgment on 25th March 2015 gave possession of the mine to the appellant [Euro Africa Kalengwa Mines Limited] and that cannot be questioned by anyone’.
That was the Supreme Court of Zambia speaking. But the situation on the ground is different. Fawazi, with the assistance and backing of minister of mines Richard Musukwa and his Permanent Secretary Barnaby Mulenga is not just questioning this judgment but is rubbishing and ignoring it with impunity. Fawazi is still occupying Kalengwa mine illegally and has evicted the legal owners of the mine. This is lawlessness at its best. If some people can be allowed to ignore Supreme Court judgments, what will stop others from picking up arms to defend their property?