RE: Pfp3 Nov 2020 22:30
@bucklerfern I agree with all five of your two points. I’ve said it before but apparently it needs repeating that most posters on this forum completely failed to grasp the gravity of the Moz Supreme Court ruling earlier in the year. I’m not an expert on the Mozambique constitution but I would be very surprised if Mozambique is an exception to the following…
A Supreme Court is the highest court in the land; if it rules that a mining licence belongs to the General then it belongs to the General PERIOD. Nobody is above the law AND THAT INCLUDES THE GOVERNMENT. The Supreme court has ultimate jurisdiction and no other court, especially not a junior court in a foreign jurisdiction (example UK High Court), can overrule the Supreme Court.
For PFP to regain the licence, it would require an Act of Parliament to rewrite the law concerning the point on which the Supreme Court made its decision. This new law would then enter the statute books and apply to all future legal matters. Furthermore, the Mozambique government would then have to retrospectively apply the new law to overrule the decision made by the Supreme Court back in May.
If people cannot see how cloud cuckoo the above scenario is then you really shouldn’t be gambling on what bucklerfern rightly describes as a ‘litigation claim’ rather than a mining investment. In the interest of moving this discussion along, people really need to give up on the fantasy of the mining licence being returned to PFP and start to consider what realistic options are open to PFP.
As of today, PFP’s dispute is no longer with the General or even about the mining licence. In my opinion, they are better advised is to seek compensation from the Mozambique government on the basis of having been misled by the Ministry of Mines who originally assigned the licence to PFP and therefore PFP had reasonable expectation of continued ownership.
Had PFP known from the beginning that they were not the legal owners then they would not have spent money investing in the mine and in the legal fees that followed. PFP therefore need to be compensated for time and expense. To my mind, this strategy would have a very high chance of some degree of success. However, it appears from today’s statement that PFP are still hell bent on the return of ownership of the licence.
I simply cannot see how the Mozambique government can give them back the licence without either breaking the law or else passing an act of parliament. Neither option seems realistic.