Displaying items by tag: Legal

Ghana: The High Court of Ghana has ordered the Empire Cement Ghana to stop all activity related to building a new cement plant in the southern part of the McCarthy Hills. It has forced this until a hearing takes place for an injunction application by the McCarthy Hill Residents Association, according to the Ghana News Agency. The site was previously raided by Environmental Protection Agency (EPA) agents and the police in late June 2021 after a tipoff by local residents. The association alleges that the Chinese-run plant project has been misusing a temporary permit from the EPA to manufacture cement as a mandate to instead start installing equipment at the site.

Iraq: The Central Anti-Corruption Criminal Court has sentenced former Iraqi Cement executive director Baha Abed and general manager Ali Hadi to six years in prison. According to the National Iraqi News Agency, Abed appointed Hadi as general manager in exchange for Hadi referring the company’s equipment contracts to Abed’s own companies.

Australia: A South Australian court has found former Adbri (formerly called Adelaide Brighton) accounts manager Glenda Burgess guilty of nine counts of deception and nine counts of dishonest dealing between 2009 and 2017. The Australian Broadcasting Corporation has reported that Burgess increased AdBri’s customer Concrete Supply’s credit limits, concealed its debts and created ‘large’ manual entries in her employer’s accounts to benefit it. The company only paid around US$14.5m for cement worth US$23m during the period under investigation. However, the prosecution said that Concrete Supply was not complicit in the alleged crime. Sentencing for the case is due to take place later in 2021.

Sweden: Cementa will not be able to appeal a land and environmental court’s ruling preventing it from using its quarries on the island of Gotland. The Swedish supreme court has ruled that the subsidiary of Germany-based HeidelbergCement has no basis for appeal. Its previous application to extend mining activities at the sites until 2041 failed due to shortcomings in its environmental impact assessments. The quarries supply cement production at the company’s Slite cement plant in Gotland.

Trinidad & Tobago: Barbados-based Rock Hard Cement has ended the operations of its Trinidad & Tobago-based subsidiary Rock Hard Distributors after losing a court case against the country’s Ministry of Trade and Industry in July 2021. The Barbados Today newspaper has reported that chief executive officer Mark Maloney said "Unfortunately, a limit on imports of 75,000t, combined with an import duty of 50%, means that Rock Hard Distributors simply cannot operate in Trinidad." He added, "it is with extreme sadness and disappointment, therefore, that we have closed our business in Trinidad and will now pursue opportunities in other Caribbean countries until such time as we are afforded equal treatment in our home country.”

Egypt: France-based Vicat raised a case against the Egyptian government with the International Centre for Settlement of Investment Disputes (ICSID) in late June 2021. It concerns its cement production business. Reporting by the Qatar-based New Arab newspaper alleges that the cement producer was forced to reduce its shares in its subsidiary Sinai Cement due to a law stopping foreign ownership of companies operating in the Sinai Peninsula on the basis of security grounds. It reports that Vicat has reduced its shares in its subsidiary to 42% from 56% previously.

Vicat confirmed in its financial report for 2020 that it was in the process of taking legal action locally on the matter of foreign ownership in the Sinai region. It added that an investment of around Euro35m in Sinai Cement had been delayed due to administrative approval time. In July 2021, Tamer Magdy, the country manager for Sinai Cement, told local press that Vicat was keen to continue investing in the market.

US: Fortera has appointed Eric Olsen to its board of directors. Olsen is the former chief executive officer (CEO) of LafargeHolcim.

He started his career in the field of mergers and acquisitions at Deloitte & Touche, Banque Paribas and was one of the managing partners of Trinity Associates for six years. He studied business at the University of Colorado and holds a Master of Business Administration (MBA) from HEC international business school in Paris. He joined Lafarge Group in 1999 and was a member of its executive committee from 2007 until its merger with Holcim in 2015 to form LafargeHolcim. He then worked as the CEO of LafargeHolcim until April 2017 when he resigned following a review into a conduct of a cement plant in Syria. Legal charges of financing a terrorist organisation were dropped by French authorities in 2019.

Fortera is a materials technology company that has developed a recarbonation process that uses captured CO2 and mineralises it into a secondary cementitious material. In March 2021 it signed a collaboration agreement with Lehigh Hanson to build a carbon capture and storage (CCS) system at the producer’s 0.8Mt/yr integrated Redding Cement plant in California.

Tanzania: The High Court of Tanzania has ordered G4S Secure Solution to pay Dangote Industries Tanzania US$0.33m for theft and loss of property. In 2018 the security company attempted to sue the subsidiary of Nigeria-based Dangote Cement was for failing to pay for its services, according to the East African newspaper. However, Dangote Cement raised a counterclaim in response due to multiple thefts that it blamed on poor security services.

France/Syria: The Court of Cassation, a court of last resort, has delayed its ruling on the conduct of Lafarge in Syria between 2011 and 2014 until September 2021. It was due to make a decision on a number of appeals related to the case including whether charges of charge of crimes against humanity should be upheld, according to the Agence France Presse. Other indictments include those of financing terrorism, endangering life and violating an embargo. Lafarge has been accused of financing terrorism through indirect payments to extremist groups to keep its Jalabiya cement plant operational after the outbreak of war in Syria.

Lafarge Cement Syria was a subsidiary of Lafarge in the early 2010s. Lafarge and Holcim merged in 2015 becoming LafargeHolcim. LafargeHolcim’s shareholders later voted to change the company’s name to Holcim in May 2021.

Sweden: Cementa says that the decision by the Supreme Land and Environmental Court to reject its renewal application to continue mining limestone at its quarries in Gotland will create a ‘crisis’ for consumers in the autumn of 2021. The quarries supply its integrated Slite cement plant. The producer said that the ‘majority’ of Swedish cement production could cease in November 2021 following the expiry of the current licence in October 2021.

“We are seriously concerned but also surprised by the court's ruling today,” said Magnus Ohlsson, the chief executive officer of Cementa. “Limestone has been mined in Slite for over 100 years, which has built up a huge knowledge bank about how the business affects the surrounding environment. Our application is solid and clearly shows that it is possible to conduct a continued sustainable limestone mining in the area. We must go through the decision carefully and then set up the strategy for how we will handle the situation,” He added, “For Sweden, our customers and for us and our employees, it is important that political decision-makers and authorities quickly draw up new guidelines for how the supply of critical building materials such as cement and concrete should work.”

The subsidiary of Germany-based HeidebergCement originally received clearance in 2020 to renew its mining operations at the site until 2041. However, this was subsequently challenged. The current decision by the Supreme Land and Environmental Court was reached as they said they had insufficient evidence to assess the environmental impact of the application.