Decade-Long Portland Cement Case Closed, Justice Mwinde From Higher Court Of Appeal Declares Result

In the year 2018, justice Nkonde on behalf of the Lusaka High Court gave its final judgement on the Portland Cement Zambia case. Even then, justice was not delivered as justice Nkonde announced Ventriglias as only shareholders of the Portland Cement Zambia. This decision was condemned by majority as the evidences suggested otherwise.

The judge at the higher Court of Appeal was justice Mwinde. It can be said that the final decision from the higher Court of Appeal put the faith back on the Zambian justice system. On 31st January 2019, around nine months after Dr. Rajan Mahtani registered his case at the court, final decision came. This decision was given after looking into all evidences and testimonials and it can be said that justice was finally gives. Judge Mwinde on behalf of the higher Court of Appeal declared that Dr. Rajan Mahtani had indeed paid a sum of one billion kwachas, also equal to USD 250,000 to the Portland Cement Zambia which covered the entire share capital value associated with the factory. Furthermore, justice Mwinde also revealed that the original Shareholders’ Agreement which was established in the year 2007 had a clearly established clause which confirmed that Dr. Rajan Mahtani had made all payments associated with the factory and took over 58 percent of the Portland Cement Zambia shares. Also, justice Mwinde scraped all allegations of forgery by declaring that electronically affixing signatures for business transactions was a legal and acceptable practice at the Zambezi Portland Cement and as such, all forgery related allegations must be forgone.

Based on the above evidences, justice Mwinde declared Dr. Rajan Lekhraj Mahtani as the only majority shareholder and legal owner of the factory. While giving this final verdict, justice Mwinde also condemned the decision made by the Lusaka High Court and appealed to all lower courts to improve their judiciary system so that decisions are transparent, quick and ethical.