Barnaby Bwalya Mulenga, the Permanent Secretary for the ministry of mines and mineral development has rejected the advice and guidance given to him by Attorney General Likando Kalaluka over the operating licence for Kalengwa mine. The Attorney General guided PS Barnaby Mulenga to restore the licence to Euro Africa Mining Kalengwa mine otherwise the government will end up being sued and losing £112 million British Pounds in damages.
There has been a bitter row over the ownership of Kalengwa mine situated in Mufumbwe between Swawki Fawazi and Euro Africa Mining Kalengwa mine. Fawazi uses numerous companies he has registered for the sole purpose of taking over the mine. The row has culminated into three Supreme Court judgements all in favour of and directing that Euro Africa Mining is the legal and legitimate owner of the mine. But the mine is occupied by Swawki Fawazi who is supported by the PS Mulenga and minister of Mines Musukwa. After the latest Supreme Court judgment that directed that the issue of who owns Kalengwa mine has been exhausted by courts and should not be taken to any court ever again, PS Mulenga wrote (foolishly and in contempt of court) to the Attorney General asking whether the licence should revert to Euro Africa Mining Kalengwa mine.
In his response dated 25 June 2020, , Attorney General Kalaluka guided the Permanent Secretary Mulenga as follows:
‘In the circumstances, and in order to avert costly litigation, which may possibly result in government having to pay £112, 000, 000. 00 [British Pounds] in damages, I am of the considered opinion that re-instating the licence to Euro Africa Kalengwa mines limited, ultimately to Moxico Resources limited is in the interests of the state herein. Be guided accordingly.’
But just like they ignored and rubbished the Supreme Court judgments, Barnaby Mulenga and Minister Musukwa ignored this guidance from the attorney general. The minister and the PS have authorised Swawki Fawazi to continue occupying Kalengwa mine and looting minerals. Now that Moxico resources, which bought the licence from Euro Afric’ has started the legal process to assert its ownership rights, Zambian tax payers stand to lose £112, 000, 000. 00.
But PS Barnaby Mulenga doesn’t care. By the time government starts paying this money, he would have been moved to another ministry to continue plundering. Mulenga left a lot of financial scums at the ministry of Lands where he served as commissioner of Lands. It was worse during his reign at the ministry of labour and social security. See what we wrote about him then
Below is what the Supreme Court said in its latest and final judgment on Kalengwa mine:
‘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’.