High Court Quashes State Takeover Of Power Lines

The High Court in Lusaka has overturned the government’s decision to declare power lines owned by the Copperbelt Energy Corporation (CEC) as common carrier. 

Last year, Energy Minister Matthew Nkhuwa declared that infrastructure owned by CEC, which is the leading supplier of electricity to Zambia’s mines, were “common carrier”. This meant that CEC was obligated to make its facilities available to any entity that wished to use the transmission lines.

However CEC disagreed and sued the government, arguing that its decision was tantamount to “expropriation” of its infrastructure. 

High Court Judge Elita Phiri-Mwikisa ruled in favour of CEC, stating that the government’s decisions were “illegal and tainted with procedural impropriety”. 

He concluded: “All in all, I find that the applicant has succeeded on all grounds...I accordingly quash the decision of the minister of 29 May 2020, to declare the applicant’s transmission and distribution lines as a common carrier.”

Analysts have argued that the government’s decision to co-opt the lines was meant to aid Konkola Copper Mines (KCM), which has been under state control since May 2019.