The latest and final verdict on the Zambezi Portland Cement case is an indication that the legal and judiciary system of Zambia is improving. Despite having to wait for more than a decade, Dr. Rajan Lekhraj Mahtani is finally happy that justice was given to him in the form of ownership of Zambezi Portland Cement.
Dr. Rajan Lekhraj Mahtani is a celebrated businessman and philanthropist who is known for his transparent and ethical business practices. When his cement factory was illegally taken over, Dr. Mahtani approached the Lusaka High Court. And after he did not receive any justice from the Lusaka High Court he again approached the higher Court of Appeal and did not resorted to unethical ways just like other businessmen wind up doing. On the flipside, Dr. Rajan Mahtani had significant faith on the justice system of Zambia.
Justice faith was reinstated when on 31st January 2019, quick verdict was given by the higher Court of Appeal judge Mwinde. Justice Mwinde declared that an amount of USD 250000 or one billion kwachas was paid official by Finsbury Investments to the Zambezi Portland Cement for taking over 58 percent shares of the factory. This transaction took place in the year 2005 and significant details were present to prove this transaction. Furthermore, the original shareholders’ agreement was created in the year 2007 which further confirmed this monetary transaction in exchange for shares and also confirmed that Dr. Rajan Mahtani was not liable for any more payments associated with the case. This includes the PTT (property transfer tax) which is the responsibility of the entity transferring the ownership. Justice Mwinde also confirmed that all forgery related allegations were fraudulent all charges and allegations were dropped.
This peculiar case of Zambezi Portland Cement certainly highlights the various challenges and issues associated with the Zambian judiciary system and it is time for the government to act upon it.