By 
Miles Sampa, the PF Matero lawmaker, has sued the government for selling Mopani Copper Mines to Delta International of Dubai without obtaining approval from Parliament as per the requirement of article 210 of the Constitution of Zambia.
Sampa, who has sued government through Mines and Minerals Development Minister, Paul Kabuswe, and Attorney General Mulilo Kabesha, expressed believe that the transaction was illegal and contravened the Zambian Constitution.
The Matero lawmaker asked the Constitutional Court to reverse the transaction and return the Mine back to the people of Zambia.
In the petition, Sampa wants the Court to declare that the transaction involving Mopani and International Resources Holding (IRH), the subsidiary company of Delta International contravened Article 210 of the Constitution of Zambia, making it unconstitutional.
“The natural consequences of finding that an act is unconstitutional is that such an act is null and void,” he contended.
Sampa wants the Constitutional Court to make a declaration that the respondent through the Minister Kabuswe acted in breach of Article 210 of the Constitution by failing to subject the transaction to parliamentary approval.
Additionally, an order nullifying the transaction for want of compliance with the Constitutional requirement of Parliamentary oversight and approval.
“An order directing the respondent to ensure that any future transactions involving major state assets comply strictly with the Constitutional provisions government such transactions, particularly those requiring parliamentary approval and public accountability,” Sampa demanded.
In the petition, Sampa is contending that the transaction lacked transparency, public participation, and accountability, thereby undermining the principles of good governance enshrined in the constitution.
He stated that the characterisation of the transaction as a mere subscription to shares, rather than a sale or transfer, was a deliberate attempt to circumvent Constitutional safeguards.
“The substance of the transaction, not its form, should determine its compliance with the constitution.
Such further or other reliefs as the Honorable Court may deem just and equitable under the circumstances,” Sampa said.
He noted that ZCCM-IH shareholders unanimously approved the acquisition of a 51 percent stake in Mopani by Delta Mining Limited, a subsidiary of IRH on February, 27, 2024 and pursuant to the transaction, it retained a 49 percent minority shareholding and secures three out of the nine seats on the Board.
Sampa highlighted that the financial terms of the transaction included an equity component valued at $620 million, of which $220 million was payable at the time of closing the transaction.
“A sum of $130 million had already been advanced to Mopani through interim financing, with an additional $ 380 million structured as shareholder loan,” he noted.
Sampa said the transaction purportedly aimed to unlock Mopani’s long term operational sustainability, contribute to the revitalisation of the Copperbelt region, safeguard the employment of Zambian workers, and expand Mopani’s annual production capacity to 200,000 tonnes of Copper.
Additionally, a further justification advanced for the transaction was the extinguishment of Mopani’s $1.5 billion debt, which ZCCM-IH had guaranteed, thereby improving the financial performance and standing of ZCCM-IH and its shareholders.
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