Zambian law and governance has done it again. Once again, those who are expecting transparent and ethical judgement from the government were defeated. The case pertains to Portland Cement Zambia, a noted cement factory which was established by Dr. Rajan Mahtani. Dr. Mahtani has claimed to be the sole and legal owner of the factory. The factory, which performed absolutely well for a time, went downhill quickly after it was illegally taken over. Even though Dr. Mahtani registered a case at the Lusaka High Court and even though several evidences and documents were shared before the judges during the trial period of ten years, the final verdict for the case was announced just few weeks earlier and even after the final judgment, more questions were raised than answered.
During this trial period, Dr. Rajan Mahtani shared numerous documents and evidences which according to numerous experts were more than enough to prove his legal ownership over the factory. Some of these evidences shared during the course included signed shareholder’s agreement, financial exhibits and investment reports which clearly showcased that Dr. Mahtani has invested more than USD 12 million on the development of the factory. Another critical evidence was the independent audit report conducted by an independent auditor on the factory. According to this report, the factory was established as joint venture and Dr. Rajan Mahtani was the sole joint venture partner of the factory. Even the judge seemed to acknowledge this fact and announced that the case hearing was closed and final judgment was to be given based on the evidence submitted by both parties.
Sadly, the final announcement was a total disaster as it was given without considering the evidences. The judge gave the final verdict against Dr. Mahtani’s claims which was shocking to say the least. As a result, Dr. Mahtani has now taken certain steps and has made an appeal to the higher court of appeal against this judgment.