I just read on the Africa Geographic Magazine Blog that an Australian company has proposed to develop an open-pit copper mine within Zambia's Lower Zambezi Park. Apparently the proposed copper mine is to be located on the escarpment and within viewing distance of the Lower Zambezi River.

The following excerpt came from the Africa Geographic Magazine Website:

•The Lower Zambezi National Park is being considered as part of a greater World Heritage Area which includes the famous Mana Pools National Park.
•Despite a decision by the Zambian government to halt any mining in and around the Lower Zambezi National Park, a grant was given to Australian company Zambezi Resourses (A subsidiary of a much bigger company called Proactive Investors) to carry out a large scale open-pit mining license for a period of 25 years at Kangaluwi (In the middle of the park).
•Zambezi Resources has set up a sub-subsidiary company in Zambia called Mwembeshi Resourses.
•It appears that there is more than one area under prospect by Zambezi Resourses. According to their report, there are several sites nearby which have potential for copper and gold.
•It’s been a number of months, and, although submitted, there has been no word as to the result of the Environmental Impact Statement (EIS). The news will come from the Zambia Environmental Management Agency (ZEMA) which has remained very quite through public opposition.
•Open pit mines are a messy business, and include huge destruction of the area and surrounds. The issues of pollution, infrastructure, roads, noise and poaching traditionally follow these mining projects.
•The proposed mining area is 50 square kilometres and will be seen from the Zambezi River itself.

Does anyone have any additional information related to the proposed copper mine?

Update to my earlier posting regarding the proposed Kangaluwi open pit mine!

Australian AR members, please take note of this ongoing effort by an Australian fund management group.

The following excerpt came from the Economy News:

***
By failing to to disclose and emphasise that Kangaluwi is located in a national park - under consideration as part of a greater World Heritage Area - ZRL, its key investor LinQ Group and retail advisors like Phatprohpets are unduly putting investor money at risk.

Zambezi Resources Limited (ASX:ZRL) is seeing its risk-profile increase.

The Australian miner continues to plough ahead with the Kangaluwi mine project, but the company along with research houses and fund managers continues to fail to impress on investors that the proposed mine will be built in a national park.

As knowledge of the project spreads, so grows the opposition amongst conservationists, civil society and a diverse section of the public of Southern Africa who will ultimately be the project's greatest stumbling block. Forget copper prices.

The Kangaluwi mine is located in The Lower Zambezi National Park - an area being considered as part of a greater World Heritage Area which includes the famous Mana Pools National Park located across the Zambezi river in Zimbabwe.

On the 19th of April 2011 the miner announced a successful application for a 25 year Large Scale Mining Licence for the site and in March this year Zambezi Resources Ltd's latest assay results, "continue to support both the continuity and tenor of the mineralisation observed at the KCP."

As mentioned, and understandably, there is a growing movement against the project which could ultimately scupper the plans of Zambezi Resources and leave a number of investors with empty pockets.

"The Lower Zambezi National Park is due to be declared a World Heritage Site by UNESCO as a result of the Zambian Government's agreement not to allow mining there," says IPA Manning, who heads the official Change.org petition against the Zambezi Resources project.

Paul Steyn in Africa Geographic Magazine notes:

"On the Zambezi Resourses website I found an investor news feed about progress on the Kangaluwi mine, but in seven posts it failed to mention once that the planned site is right in the middle of a National Park. I wonder if the investors know this is the case? And if they did, would they think twice about the financial and – if they have a conscience – environmental risks?"

What is more there are concerns over the independence of the Environmental Impact Assessment conducted by GeoQuest.

GeoQuest's core focus is consulting and contracting for the mining sector.

And, as Steyn points out, due to high demand they have now developed a 'department' that can handle environmental impact assessments.

"Isn’t that a conflict of interest? Someone might say," says Steyn.

The biggest backer of the Kangaluwi project appears to be Australian fund manager LinQ Group via their LinQ Resources Fund.

As of 30 June 2012 the Zambian project constituted the LinQ Resources Fund's 5th largest investment.

The majority of this investment was made on the 28th October 2011 when Zambezi Resources secured a AUD $10 million Convertible Note Facility with LinQ Capital Limited in two tranches of A$5 million.

The latest quarterly review from the LinQ Resources Fund mentions nothing about the inherent environment-based risks concerning the project.

In addition, retail investors are also being offered limited insights into the project.

Research houses and brokerages, who advise investors on whether to back a company or not, are failing to emphasise the significance of the location of the proposed copper project.

A note from research house Phatprophets says:

"Zambezi is still a very speculative copper play but the early signs are encouraging that the company may emerge as a junior copper play with the development of Kangaluwi. On a risk to reward basis we are recommending the stock as a BUY for Members without exposure.

Nowhere in the investor note released back in February 2011 was the location of Kangaluwi mentioned, let alone emphasised. And yet, investors were advised to buy stock and fund this project that is becoming increasingly controversial, and therefore risky.

DJ Carmichael, in the same month also failed to impress on investors the sensitivities surrounding the project.

It is only responsible that Zambezi Resources, LinQ and others with an interest in the Kangaluwi project inform investors explicitly about the location of the project.

Full disclosure must be made.
***

(Reuters) - Zambia has rejected a proposal by Australia's Zambezi Resources Ltd to develop a $494 million open cast copper mine in a game reserve, citing environmental concerns, a government agency said on Wednesday.

Zambezi Resources' Zambian subsidiary Mwembeshi Resources said in March it planned to start copper production at the Kangaluwe project in the Lower Zambezi National Park by 2015.

But a spokeswoman for Zambia's environmental management agency, which has to approve all huge infrastructure projects, told Reuters the project had been rejected.

"The proposed site is not suitable for the nature of the project since it is located in the middle of a national park," said spokeswoman Ireen Chipili.

Following the announcement of the planned project, environmentalists had been lobbying the government against allowing the mine. (Reporting by Chris Mfula; Editing by Ed Stoddard)

THANK GOD. for once an African government did the right thing and not the financially expedient thing and slammed the door on an illegal project. maybe there is hope that other governments in Africa will follow suit( i.e. the proposed tarmac road through Serengeti Park, the uranium mine in the Selous, etc.) of course i fully expect the proposed mining exploration around Mana Pools to go ahead. after all Zim under mad Bob makes up its laws/regulations as it goes along. money talks( to the Zanu-PF) and locals walk- many miles to get out of the resulting mess.

https://www.lusakatimes.com/20...n-the-lower-zambezi/



The High Court of Zambia Kangaluwi gives green light to mining in the Lower Zambezi

October 23, 2019

The High Court of Zambia has ruled that the controversial Kangaluwi open-cast copper mine project will go ahead in the heart of the Lower Zambezi National park.

This was after the court dismissed the appeal against the mine on a legal technicality because the initial legal team that fought the case five years ago failed to file a record of appeal.



The site of the mine is between two seasonal rivers which flow directly into the Zambezi River.

The mine’s tailings dams will be located just a few hundred metres above the valley floor, next to these rivers.

The risk of pollution and collateral damage to the environment is high, as is the impact the mine will have on the wildlife in the area.

The licence for the mine is held by Mwembeshi Resources Ltd, but it is still unclear where its owners, Grand Resources Ltd, are based.

They are registered in Dubai but suspicions are rife that they are Chinese owned.



Unless an appeal is lodged quickly, the mine company will move onto the site and begin the work of clearing it.

The Lower Zambezi National Park is one of tourism’s major economic contributors and the lodges in and around the park employ hundreds of local people, supporting thousands more in the communities on its periphery.

The mine threatens this thriving tourism economy and the livelihoods of everyone involved in tourism in the Lower Zambezi Valley.

It also threatens to derail Zambia’s recently unveiled tourism growth strategy which hinges on the country’s commitment to protecting its wilderness areas.



The Lower Zambezi National Park sits directly opposite Zimbabwe’s Mana Pools National Park, which is a Unesco World Heritage Site.

https://www.lusakatimes.com/wp...s/2019/10/085513.pdf


Link to the 10 page court ruling.

$10 will get you $20 that it's a front for Chinese firms.

quote:

Originally posted by MopaneMike:
$10 will get you $20 that it's a front for Chinese firms.

You are right.

It IS Chinese!

The Chinese are ruining Africa.

https://www.lusakatimes.com/20...appeal-is-dismissed/



Lower Zambezi Large Scale Mine Project to go ahead after Appeal is dismissed
February 28, 2021


The Court of Appeals of Zambia has dismissed an Appeal to stop the proposed Large Scale Open-pit Mine in Lower Zambezi National Park, upholding the High Court’s decision to dismiss the case for Want of Prosecution.

The Decision by the Court of Appeals sitting in Ndola effectively ends any challenges to Mwembeshi Resources’ proposal to open a Large Scale Open-pit Copper mine at the heart of the Lower Zambezi National Park.

In a Judgement delivered by Justice Ngulube on behalf of the three panel Appeals Court bench, the Court ruled that the Appellant had 5 years and had been given numerous opportunities to rectify errors in the Appeal before the High Court but was lax and failed to do so until a change of legal representation in 2019.

The Court was adamant that the Appellant (David Ngwenyama) had been adequately represented by a senior lawyer (State Counsel H.H. Ndhlovu) from 2014 to 2019 before he decided to change Legal Counsel in 2019 and subsequently tried to rectify the errors in the Appeal.

In dismissing the Appeal, the Court of Appeals completely ignored the misconduct and failure to provide adequate representation by the original Appellants Lawyer which the Appellant tried to rectify in 2019 and a four (4) year delay by the High Court to rule on the case, from April 2015 to October, 2019 that was the result of the error in the Appeal Process (failure to file a Record of Appeals) and delay in prosecuting the matter.

The Court of Appeals has therefore, followed the High Court in dismissing the Appeal on failure to follow procedure without considering the Appeal on its merits and has faulted the Appellant for failure to prosecute and delays in the Appeal.

Facts of the Appeal, Failure to file Record of Appeal and associated delays

1.0. In 2014 a coalition of 5 local NGOs with David Ngwenyama (as 6th Appellant in a personal capacity) Appealed to the High Court of Zambia against the Minister of Lands, Natural Resources and Environmental Management’s decision to allow a large scale open pit mine in Lower Zambezi National Park despite the objection of the Zambia Environmental Management Agency (ZEMA) and the Zambia Wildlife Authority (ZAWA).

The 6 Appellants retained State Counsel H.H. Ndhlovu as the lawyer for Appellants.

1.1. The Appellants prosecuted the matter from 2014 to April, 2015 regularly appearing in Court, represented by Legal Counsel (in Chambers) and believing (and assured by State Counsel H.H. Ndhlovu) the Appeal was in good standing. In 2015, the High Court, siting in Chambers, adjourned the Appeal for Ruling by the late Justice Chali.

1.2. During the period 2014-2015 there was no communication from State Counsel H.H. Ndhlovu as to the need to file a Record of Appeal as required by High Court procedure nor that there had been multiple reminders to the Appellants to file the required documents by the Court. The Appellants including the 6th Appellant, believing the Lawyer’s good standing (akin to a Patient following a doctor’s instructions and assurances) did not believe that there was anything amiss with the Appeal.

1.3. In 2019, following the death of Justice Chali before he could deliver the judgment on the matter, the Appeal was reassigned to a new Judge with a mandate to clear the case which had since fallen into backlog. The developer filed a supplementary affidavit urging the Court to Dismiss the Appeal.

1.4. Following the resumption of the matter and after repeated failed attempts by the 6th Appellant (David Ngwenyama) to get an update on the status and next steps on the case particularly with the resumption of the case, the 6th Appellant retained new Counsel Messers Malambo and Co. for the duration of the High Court Appeal.

1.5. Upon perusal of the case file by the new Advocates, the 6th Appellant was informed that the Appeal had a fatal error, lack of Record of Appeal, which needed to be rectified immediately. The 6th Appellant immediately applied to the High Court for adjournment to be able to file an application to compel the State to avail the required documents to enable them file a Record of Appeal. The High Court dismissed the request for adjournment and subsequently dismissed the entire action.

1.6. In this case, the Appellant (David Ngwenyama) is made to shoulder the blame for his Lawyer’s inefficiency and the Court has no provision for rectifying a Lawyer’s inefficiencies.

2.0. The delays in the Appeal hearing from 2014 to 2021 has been outside of the 6th Appellant’s control and for the most part has been due in large part to Court scheduling.

2.1. The delay in prosecuting the case from 2014 to 2019- the case was dormant from April 2015 to October, 2019 pending Judgment on the matter before a High Court Justice, which Judgment was not delivered before the case was reassigned.

2.2. Court of Appeals process- November, 2019 to February, 2021- The time taken to hear the Appeal before the Court of Appeals was due to Court scheduling and outside of the Appellant’s control.

And commenting on the development, one of the Appellants David Ngwenyama said given the Court of Appeals’ decision to dismiss the Appeal for failure to follow procedure and not considering the case on its merit, it becomes fundamentally difficult to pursue the matter any further before the Zambian Courts.

“This has been a particularly challenging and personally draining process whose turn out is far less than I hoped for nor expected. Thank you for your support, prayers and encouragement, it made the journey worthwhile,” Mr Ngwenyama said.