The Minister is obligated to clarify why the government’s 51% stake in Mopani, held through ZCCM-IH, was transferred to Delta Mining without seeking parliamentary approval. Such a constitutional breach by the President constitutes grounds for impeachment.
Lusaka, Nov. 14 – Hon. Chinga Miyutu, Member of Parliament for Kalabo, has formally questioned in the House why the government’s 51% shareholding in Mopani Copper Mines was sold to Delta Mining without National Assembly approval. This inquiry has yet to receive an adequate response from the Minister of Mines, Hon. Paul Kabuswe, leading the Speaker to direct the Minister to return with a comprehensive ministerial statement explaining why this transaction bypassed parliamentary oversight, as required by law.
Also Read: Delta Mining Ltd. gets 51% shares in Mopani! ZCCM-IH will retain 49 percent shares in Mopani, with three out of nine board seats, five by Delta and one by Government.
Article 210 of the Constitution of the Republic of Zambia states that;
(2) A major State asset shall be sold, transferred or otherwise disposed of, as prescribed, subject to the approval of the National Assembly signified by a vote of at least two-thirds of the Members of Parliament.
(3) For the purposes of this Article, “major State asset” includes a parastatal and equity held by the Government, as prescribed.
In March this year, the Speaker refused to accept a question on why President Hakainde Hichilema allowed the same sale, without approval of the National Assembly. A letter dated 21st March, 2024 written to Pambashe MP, Hon. Ronald Chitotela, stated that Parliament does not admit questions on the interpretation of the Constitution in accordance with Standing Orders 71(1)(c).
It was speculated that the refusal by the Speaker was necessitated by the fact that any breach of the Constitution by the President is an impeachable offence.
Below is the reproduction of the letter from the Speaker at the time;
REF: Question Under Standing Order 76
I refer to your letter dated 13th March, 2024 and note the contents contained therein. Kindly note that while I admitted your Question under Standing Order 76 on the floor of the House, it has become apparent upon careful scrutiny of your question that it is inadmissible.
The inadmissibility of the Question stems from Standing Order 71(1) (c) of the National Assembly of Zambia Standing Orders, 2021, which provides as follows:
“71. (1) a question shall be admissible if it-
(c) does not ask for an expression of opinion or the solution of an abstract legal question of a hypothetical proposition.
It is clear that in the response to your Question, the Minister will be expected to provide legal opinion of the meaning of Article 210 of the Constitution. Such interpretation of a legal nature goes against the spirit of the above Standing Order and, therefore, renders your Question inadmissible. In this regard, the Question although important, cannot be processed due to the provisions in the Standing Orders.
The sale of ZCCM-IH’s shares in Mopani Copper Mines is mired in allegations of corruption. Although the government announced that Delta Mining Limited, a subsidiary of International Resource Holdings, had committed to acquiring the 51% stake in Mopani with an investment of up to US$1.1 billion, Delta Mining ultimately injected only US$130 million into Mopani. The government has not clarified the source of the remaining funds, leaving a troubling gap in transparency.
Also Read: Dr. O’Brien Kaaba Exposes Ongoing Deep-Rooted Treasury Corruption Involving State Chambers! As ACC Shamakamba resigns from his office as Director General of the Anti Corruption Commision.
It raises the question: why did the government choose to allocate over US$500 million from NAPSA for the Lusaka-Ndola dual carriageway, rather than invest US$130 million directly in Mopani Copper Mines to ensure full retention of revenue?
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