Displaying items by tag: Legal

Zimbabwe: Lafarge Zimbabwe is suing Gramiso Investments for an outstanding debt of over US$200,000. The cement producer and transport company entered into a prepayment agreement in which the cement manufacturing giant advanced US$500,000 to Gramiso Investments, according to the Herald newspaper. However, Gramiso Investments allegedly only paid back just over half of this amount. Lafarge Zimbabwe has taken the lawsuit to the High Court.

Kenya: Simon Ole Nkeri, the managing director of East African Portland Cement (EAPC), has been questioned by the National Assembly Trade, Industry and Cooperative committee of the Parliament of Kenya. He told the committee that the company has considered the almost US$14m it owes it workers but he was unable to provide a payment schedule, according to the Business Daily newspaper. In August 2018 the Labour Court allowed the Kenya Chemical and Allied Workers Union to recover the money owed to over 400 workers. In late September 2018 the Court of Appeal gave the EAPC 30 days to make a deposit of the owed funds. However, the cement producer resorted to legal means to delay paying the deposit, as it would ‘cripple’ its business operations.

Australia: Adelaide Brighton is seeking damages from a former credit manager over US$9m in missing funds. The cement producer has accused former employee Glenda Ivy Burgess of the embezzlement following an internal audit, according to the Advertiser newspaper. Burgess worked for Adelaide Brighton for 18 years but was dismissed in February 2018.

The allegations include misallocating customer payments, falsifying accounts, increasing customer credit limits without authority and providing false information.

The construction company launched a civil lawsuit against Burgess at the same time that a police investigation was ongoing. This has subsequently led to a clash between civil and criminal proceedings as the accused successfully petitioned the Supreme Court to delay the civil case whilst the criminal investigation continues.

Pakistan: The Supreme Court has ordered cement producers to pay for underground water used by cement producers near Katas Raj. Chief Justice Mian Saqib Nisar said that underground water is ‘very precious’ and added that cement factories using it near the temple at the site would no longer be able to do so for free, according to the Nation newspaper. The Chief Justice has also directed the Punjab Food Authority to audit local companies to assess how much water they are using and how much they are paying for it. The on-going case was started in response to a pond drying out at the Hindu heritage site due to water consumption by nearby cement plants.

Bolivia: The cement producer Fancesa has started legal action against transport industry leaders Oscar Reynolds and Macguiver Rosales over threats and criminal association, after they stopped transporting its cement. Fancesa earlier reduced the rate paid to hauliers to transport cement from its plant to Santa Cruz by 13.7% to US$1.88/bag (50kg), prompting hauliers to stop transporting its cement.

Italy: Cemitaly has been allowed to use slag and ash in cement production at its Taranto plant following an investigation, according to the Il Fatto Quotidiano newspaper. The former Cementir unit was investigated in 2017 as part of an illegal waste probe that examined whether the Taranto plant purchased ‘illegal’ by-products from Enel and the ILVA steel plant to produce cement.

Myanmar: Three local activists have been arrested for protesting against a new cement plant being built at Patheingyi Township in Mandalay Region. In late July 2018 local residents marched on environmental grounds from Mandalay to Nay Pyi Taw in protest against the construction of a 5000t/yr coal-fired cement plant in Dahattaw Village-tract, Patheingyi Township, according to the Asia News Network. However, police intervened and started legal action against some of the protestors.

Vietnam: Tran Viet Thang, the former General Director of the Vietnam Cement Industry Corporation (Vicem), has been dismissed as a member of the Executive Committee of the Central Businesses Party Unit and member of the Executive Committee of Vicem's Party unit. He has been found guilty of several legal violations as well as breaking Communist Party of Vietnam rules, according to the Viet Nam News newspaper.

Thang was appointed as the head of government-owned Vicem in mid-2013. He is accused of raising company debts of US$175m by the end of 2016. He left the position in mid-2017. According to the Secretariat of the Communist Party of Vietnam, Thang signed documents and took decisions that he was not authorised to. His actions allegedly violated local corporate and bidding law, as well as rules for Communist Party members. He has been accused of damaging the reputation of Vicem and the Communist Party.

The punishment against Thang is part of an on-going crackdown in the country against corruption.

Pakistan: The Supreme Court has stopped cement producers near Katas Raj from using drinking water supplies. The order follows a ruling in May 2018 to stop the producers using water linked to a pond near to a Hindu heritage site, according to the Pakistan Today newspaper. However, the ruling was not followed. The senior judge presiding over the hearing said that local plants had been using water without paying for it.

Colombia: Édgar Ramírez Martínez, the former vice president of planning for Cemex, will be detained in prison as part of an ongoing investigation into alleged irregularities in the acquisition of land at Maceo in Antioquia for the construction of a cement plant. The prosecutor’s court has also issued a detention ticket for Camilo González Téllez, former vice president of planning for Cemex Colombia, who is currently in the US, according to Noticias Financieras. Eugenio Correa Díaz, the former representative of CI Calizas y Minerales, which sold the property to the cement producer, will also be detained.

The former employees of Cemex allegedly paid over US$13m to Correa, despite being aware of the fact that the property was in the process of being expropriated over unpaid taxes.