KALENGWA Processing Zone Limited has applied for leave to commence judicial review of the decision by the mining licencing committee to terminate its large-scale exploration licence no. 24401-HQ-LEL.
It is seeking a declaration that the decision of the committee to terminate its licence and reinstate Euro Africa Kalengwa Mine Limited’s licence no. 8584-HQ-LEL is illegal and procedurally improper.
Kalengwa Processing wants a declaration that the committee’s refusal to charge it for any breach of Act or giving it an opportunity to be heard is unreasonable and in breach of the mining Act.
It wants the High Court to order that the decision of the committee is unreasonable for not providing an appeal process as there is no minister of mines and minerals development.
The applicant is further seeking an order staying the decision pending determination of an appeal against the committee’s decision to the minister and a prohibition order against the mining licence committee to issue a license to any third party in respect of the subject area of exploration licence no.24401.
Kalengwa Processing in its notice for leave to commence judicial review said it was a legal holder of a large-scale exploration licence over Kalengwa Mine in North Western Province.
It stated that on July 26, 2021, the mining licence committee arbitrarily terminated its exploration licence in the absence of any breach of the Act or conditions of the same.
The applicant stated that it was not given an opportunity to be heard.
Kalengwa processing said the respondent’s action to terminate its licence had caused it injustice, loss and damage and that it is important that the court grants it leave to commence judicial review, which should act as a stay or restraining order against the committee.