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Kashime Copper Limited has taken legal action against the State, challenging the decision to deny it access to the North Swaka Forest Reserve (P46) for in-fill drilling operations.
The company has applied to the Lusaka High Court for permission to initiate judicial review proceedings.
It argued that the Director of Mining Cadastre’s failure to facilitate arbitration, following the Director of Forestry’s refusal to approve or reject their application for forest access, was unreasonable and an abuse of authority.
Kashime, which is targeting an annual copper production of 3,000,000 metric tonnes, seeks several remedies, including a court order (mandamus) compelling the Director of Mining Cadastre to arrange arbitration within 14 days.
Alternatively, it requested an order compelling the Director of Forestry to grant access to the North Swaka Forest Reserve for drilling.
The company also seeks a declaration that it is entitled to forest access, having met all legal requirements, and a ruling that the actions of the Directors of Mining Cadastre and Forestry are unreasonable, demonstrate improper motive and constitute an abuse of power.
Kashime is also claiming exemplary damages to deter future misconduct, as well as compensation for financial losses caused by delays in processing its application.
According to the company, based on Kapumpe Road in Lusaka, the dispute stems from delays by the Director of Forestry in granting permission for access to the forest.
Kashime applied for consent to conduct drilling in its licensed mining area, which overlaps with the forest reserve, as per the Mines and Minerals Development Act.
Despite multiple reminders, the Director of Forestry has yet to respond.
Kashime requested arbitration from the Director of Mining Cadastre, as allowed under the law, but received no response.
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The company contends that the lack of action leaves it with no legal recourse other than pursuing judicial review.
In an affidavit, Jordan Soko, a director at Kashime Copper, stated that since June 12, 2024, the company had received no reply from the Director of Forestry, despite repeated follow-ups. On August 22, 2024, Kashime wrote to the Director of Mining Cadastre, requesting arbitration to resolve the impasse, but the Director failed to act.
Soko added that the delays were causing substantial financial harm, as the in-fill drilling must be completed before the rainy season.
He warned that inaction could negatively impact not only the company but also Zambia’s economy, as the Kashime Project was a key contributor to the country’s copper production strategy.
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