Lusaka High Court orders Konkola Copper Mines to pay $11.8 million to Copperbelt Energy, dismisses appeal

The Lusaka High Court has vacated an ex-parte order that had halted Konkola Copper Mines (KCM) from paying 40 percent of its US$29.6 million debt to Copperbelt Energy Corporation (CEC) within 10 days.

In a ruling that upholds its earlier decision, the court dismissed KCM’s application to review the December 2, 2024, order mandating the payment under the Schemes of Arrangement.

KCM had argued that new material evidence had emerged, citing claims from Lumwana Mining Company Limited, Komatsu Enterprises Limited, and a dispute notice from Barrick Gold Limited.

However, the court found that this did not qualify as fresh material evidence under legal provisions.

The mining firm also claimed that CEC was presenting conflicting positions in different courts, including the Court of Appeal, by seeking priority payment in one case while being classified differently in another.

The High Court rejected this argument, ruling that all adjudication related to the scheme of arrangement had been completed.

As a result, the court dismissed KCM’s review application, set aside the stay of execution, and reaffirmed its earlier ruling.

The court also awarded costs to CEC, which KCM must bear.

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