Displaying items by tag: Legal

Bolivia: The Permanent Court of Arbitration has found itself ‘without jurisdiction’ to resolve a claim by Consorcio Cementero del Sur, Grupo de Inversiones Gloria Bolivia, SOBOCE and Yura Inversiones Bolivia against the Bolivian government over the nationalisation of a stake in FANCESA. Local press has reported that Bolivian Attorney General’s Office welcomed the finding as a ‘resolution of the case in favour of the Bolivian state.’

France/Syria: The French Court of Cassation will deliver its decision on the appeal filed in May 2022 by Lafarge, now part of Holcim, in the case relating to its activities in Syria in the 2010s, on 16 January 2024.

The body will rule on the indictments of Lafarge for complicity in crimes against humanity and endangering the lives of its employees in Syria, which were confirmed by the Paris Court of Appeal in 2022, and which the company is still contesting. The group is suspected of having paid in 2013 and 2014, via its Syria-based subsidiary Lafarge Cement Syria several million euros to jihadist groups, including the Islamic State (IS) organisation, and to intermediaries, to maintain the activity of a cement factory in Jalabiya, even as the country plunged into war.

Spain: The Supreme Court of Spain ruled in favour of tax authorities in their pursuit of Cemex España for its accounting of reported losses in the 2006 – 2009 financial years on 21 November 2023. The authorities imposed a Euro456m fine on the company following an audit in July 2011.

Mexico-based Cemex said that is has ‘sources of liquidity’ available to pay the fine, which it now anticipates that it will do before the end of June 2024.

Cemex ‘categorically’ disagrees with the imposition of the penalty. The group maintains that the losses Cemex España declared were not used and since 2012 have not been accounted for in its financial statements.

Kenya: Peter Kahi of PKF Consulting has been appointed as the administrator of Savannah Cement. This follows the resignation of Harveen Gadhoke, according to the Business Daily newspaper. Gadhoke was appointed as the administrator of the company in November 2022 when Absa and KCB attempted to put it into administration due to combined debts of US$66m. Savannah Cement fought back legally against the attempt to manage it externally but a court rejected this in July 2023.

Bangladesh/India: The completion of an upgrade project to Chhatak Cement’s plant has been thrown into doubt due to uncertainty about securing limestone from India. The plant still needs to build a new 17km ropeway conveyor and this has been delayed due to failure to obtain permission on the Indian side of the border, according to the Daily Star newspaper. It is also facing problems procuring limestone in India due to on-going legal proceedings on environmental grounds between exporters in Meghalaya and the government. The Supreme Court of India granted permission for exports in 2022 but the case is still pending. In addition, plans to install a gas line from Sylhet to the plant has not started yet either.

The state-owned cement producer is run by the Bangladesh Chemical Industries Corporation (BCIC). It originally announced in 2016 that it was spending over US$100m to build a new 1500t/day dry production line at the plant to replace an old wet production line. Although the old line originally had a production capacity of 233,000t/yr, it had fallen to around half of this. However, despite the construction of new silos and other equipment at the site, the unit has not been operational since early 2020. The new line was originally planned to start operation in 2020 but this was delayed until 2023. The BCIC has now proposed that completion of the project be extended to mid-2025.

National Cement is preparing to open its new integrated West Pokot plant in September 2023. Readers may recall that the long-running project was taken over by Devki Group from Cemtech and Sanghi Industries after the Competition Authority of Kenya (CAK) gave it permission to do so in 2019. The original feasibility report by the Kerio Valley Development Authority dates back to 2010. The new plant will have a production capacity of 2.5Mt/yr.

However, this isn’t the only new clinker production capacity that Devki Group, which sells cement under the Simba Cement brand, is preparing to commission. Local media also reports that the company is also preparing to restart the former Athi River Mining Cement integrated plant at Bondora in Kaloleni, Kilifi County. After five months of trial runs the unit should be ready for full operation from April 2023. Devki Group also picked up this plant in 2019 following the long breakup of ARM Cement, after the latter producer entered financial administration back in mid-2018.

Devki Group started out in the steel sector but it has been steadily carving out a presence in the cement industry. The group opened its first cement grinding plant in 2013 and then built a 1.95Mt/yr integrated plant in Kajiado County, south of Nairobi, in 2018. Once the West Pokot plant is commissioned, the company will reportedly have a clinker production capacity of 7.5Mt/yr from three plants.

This kind of growth is making waves in the local cement sector. Since Global Cement Weekly covered the situation in September 2022 (GCW576), an argument has been brewing in Kenya over whether the country should import clinker or manufacture more of its own. This has moved to lobbying the government on whether the duty on imports of clinker should rise from 10% to 25%. Unsurprisingly, the country’s largest clinker producer, National Cement, even before the new plants are operational, has been a major advocate for putting up the import tariff. This carried over into 2023, when local press revealed the minutes of a meeting between the State Department of Industry and the Kenya Association of Manufacturers (KAM), with input from the cement producers. Rai Cement, Bamburi Cement, Savannah Cement, Ndovu Cement and Riftcot were all against raising the tariff, saying that it would enable the largest clinker producers, National Cement and Mombasa Cement, to dominate the market. However, unlike the last such meeting, Mombasa Cement was said to be non-committal on the proposal to increase the duty. Despite the disagreement over the tariff, all of the cement companies imported clinker in 2021.

Graph 1: Rolling annual cement production in Kenya, 2019 - October 2022. Source: Kenya National Bureau of Statistics (KNBS).

Rolling annual cement production in Kenya peaked at just over 10Mt in May and June 2022. Data from the Kenya National Bureau of Statistics (KNBS) shows that monthly production started to fall on a year-on-year basis from July 2022. This is likely to be connected to the elections that took place in August 2022, although wider economic trends such as inflation and high input material prices may not have helped either. Despite this, cement production rose by 5% year-on-year to 8.02Mt in the first 10 months of 2022 from 7.65Mt in the same period in 2021.

Other recent news of note in Kenya includes the restart of clinker production at East African Portland Cement’s (EAPC) Athi River Plant in mid-2022. The upgrade was conducted as part of a general five-year upgrade and expansion campaign by the company. The next steps were announced in January 2023 with a stated intention to consider entering markets in the Democratic Republic of Congo and Rwanda. The other story of note was in December 2022, when China-based Sinoma International Engineering announced that it had signed a deal with Savannah Cement to build a new 8000t/day clinker production line with a 2400t/day cement grinding unit, a 35MW captive power unit and a 13MW waste heat recovery unit. As is standard for Sinoma’s new contract releases, it said that the contract would become active once an “advance payment guarantee” had been received. Later in December 2022 the Kenya High Court intervened to stop two creditors from seizing assets from Savannah Cement and putting it into administration, although the court did acknowledge the company’s debts and a loan repayment default. In January 2023 Mauritius-based Barak Asset Recovery, another related creditor, was approved by the competition regulator to buy a majority stake in Savannah Cement. The current state of that new production line is unknown.

As the two stories above show, it is not just National Cement that is trying to move towards increased clinker production in Kenya. The whole situation is reminiscent of the time before Nigeria declared itself self-sufficient in cement in the early 2010s. Local producers became prominent and the market battle between producers and importers became public. Kenya’s range of different cement companies seem to be more diverse than Nigeria’s were, but a similar type of national interest argument may be rolled out by one side. The other parallel to note with Nigeria is that Dangote Cement is said to have attempted to buy National Cement previously and has also been trying to build its own plant in the country since the mid-2010s. Kenya’s demographics and location make it a prime place for this kind of producer-importer tussle. Let’s wait and see how much the situation has changed when the new plants open over the next six months.

Pakistan: Balochistan's local government minister has called for the cancellation of the allotment of a large area of land to a cement plant in Hub, adding that he would take the matter to court. Mohammad Saleh Bhootani said the Mines and Minerals Development Department had allotted 18,200 hectares of land that he says belonged to the people of Hub and Lasbela districts.

The allotted land comprises mountains, agriculture lands, hundreds of villages, farms and graveyards, he said, arguing that there was no justification for allotting such a vast area to a cement plant. Bhootani warned locals that fences would soon be erected around the site, forcing those that live there out of their homes. He urged Chief Minister Abdul Qudoos Bizenjo to “show mercy on the poor people of the area and cancel the allotment.” The minister said that if the allotment was not cancelled, he and the people of the area would take legal action.

The parliamentary leader of the Balochistan National Party-Mengal, Naseer Ahmed Shahwani, condemned the allotment and demanded the government withdraw its decision. 'If such practices continue, what will be the future of Balochistan?' he wondered.

Switzerland: A civil legal case against Holcim made by four residents of the Indonesian island of Pari has filed a formal complaint against the cement producer on behalf of the entire island at the Cantonal Court of Zug. The civil case was started in July 2022 in response to climate change-induced flooding of the island, according to Reuters. Informal negotiations followed in October 2022 but this failed, according to a representative of Swiss Church Aid. Environmental organisation Walhi claims that this latest action is first formal civil proceeding in Switzerland against a company for its contribution to climate change

Walhi says that the plantiffs are demanding ‘proportional compensation.’ The European Center for Constitutional and Human Rights (ECCHR) is also supporting the islanders. A spokesperson for Holcim said that climate change was a "top priority for Holcim at the heart of our strategy".

Ireland: A court has ruled that the Irish government need not pay legal costs for Environmental Trust Ireland president Michelle Hayes' challenge against the Environmental Protection Agency (EPA) in mid-2022. Hayes unsuccessfully sued the EPA for issuing Irish Cement with a licence to use alternative fuel (AF) at its Limerick cement plant in May 2021. The AF will comprise up to 90,000t/yr of waste tyres, biomass and/or mining by-products.

At the costs hearing, the court noted that Hayes had already caused the EPA to incur 'very significant' legal costs. The court said that Hayes 'sought to have the taxpayer pay even more.' It added that, as a solicitor at Hayes Solicitors Limerick, which represented her in her unsuccessful challenge, Hayes stood to effectively benefit from any recuperated costs. The court concluded "It would mean that legal practitioners like herself are paid by the taxpayer for bringing environmental litigation which is unmeritorious."

Sweden: The Land and Environmental Court has granted Cementa a four-year permit to continue mining operations in Slite on Gotland. The latest temporary permit was set to expire at the end of 2022. Both the Environmental Protection Agency (Naturvårdsverket) and the county administrative board of Gotland recommended rejecting Cementa’s application earlier in 2022. Prior to this the central government extended the cement company’s mining licence by one year from late 2021.

The subsidiary of Germany-based Heidelberg Materials said that it viewed the latest four-year permit as a ‘bridge’ until it is able to secure a long-term permit. It is aiming to submit an application for a 30-year permit in 2023.