Displaying items by tag: Legal

Kenya: Simon Peter Ole Nkeri, the chief executive officer of East African Portland Cement Company (EAPCC), has been accused of sexual harassment in a legal case by a manager at the company. Lucy Rimanto Molonket, the head of Sales and Marketing, alleges that Nkeri harassed her on 31 August 2016, according to the Business Daily newspaper. She then alleges that he texted her to apologise for his behaviour. Subsequently she says that she was transferred to a low profile job in September 2016. EAPCC chairman Bill Lay has defended Nkeri, saying that the company has transferred 11 of its managers to different positions following financial problems.

France: Sherpa and the ECCHR (European Centre for Constitutional and Human Rights), as well as 11 complainants who are former Syrian employees of Lafarge, are taking legal action against Lafarge and its subsidiary Lafarge Cement Syria (LCS) for its actions in Syria. The non-government organisations have accused the cement producer of conducting business with the Islamic State of Iraq and Syria (ISIS), a terrorist group, via its Jalabiya cement plant.

“The Lafarge case highlights once again how multinationals doing business in conflict zones can directly fuel armed conflicts and contribute to grave human rights violations committed therein. Companies like Lafarge must be held accountable,” said Miriam Saage-Maaß, Vice Legal Director at ECCHR.

Sherpa and the ECCHR have accused LCS of entering into arrangements with ISIS in order to maintain production, by paying for passes issued by the jihadist organisation and buying raw materials necessary for cement production such as oil and pozzolana in areas under ISIS’s control. They have also accused Lafarge of reckless endangerment given that the plant continued to operate in the conflict zone. LCS repatriated its expatriate staff in 2012 but it kept its Syrian employees working at the site. Subsequently, when the plant was attacked, Sherpa and the ECCHR say that the local employees were forced to escape on their own.

Colombia: The broker named in an internal probe by Cemex Latam has defended his involvement with relation to the purchase of land and mining rights for a cement plant project in Maceo, Antioquia in comments to the La Republica newspaper. Eugenio Correa, representing Calizas y Minerales, says that he has only received US$6.85m from Cemex despite claims by Cemex that he is holding US$20.5m in funds for the project. He adds that Cemex conducted at least 25 visits from its engineers, lawyers and accountants at the Maceo site between July 2011 and December 2015 keeping it up to date on the project’s progress.

Correa says that he originally signed a memorandum of understanding with Cemex for the sale of 340 hectares, economic free zone and the mining rights for US$22.20m in August 2012. He adds that the contract was extended in April 2016 to June 2019. In late September 2016 Cemex dismissed several senior staff members in relation to the project and the subsidiary’s chief executive resigned.

Pakistan: Fecto Cement has appealed to the Islamabad High Court to allow it to continue mining in the Margalla Hills. In August 2016 it had its mining lease cancelled by the Capital Development Authority (CDA) and a fine was issued. This followed an order by the Supreme Court in March 2015 to stop all development and stone crushing activities, according to the Dawn newspaper. In 2013 the Islamabad Capital Territory issued a mining lease that allowed Fecto Cement to carry out stone crushing activities in the area until 2030.

Nigeria: A Federal High Court in Lagos has adjourned legal action by Dangote Cement against Ibeto Cement until 1 November 2016 pending a decision of the Court of Appeal. Dangote Cement is alleging that Ibeto Cement evaded paying taxes on imports of cement to give itself a ‘unfair’ advantage in 2008, 2009 and 2010, according to the National Mirror Newspaper. It is also seeking an injunction against the Ibeto Cement and other defendants in the case from importing cement into the country unless approved by the appropriate authority under the current tax rules.

However, the Federal Government is alleging that Dangote Cement is attempting to minimise its competition. Other defendants in the case also include: IBG Investments Limited, Derima Venture Limited, the Federal Republic of Nigeria, Attorney General of the Federation, Federal Ministry of Finance, the Federal Ministry of Trade and Investment, the Board of Customs and Excise, the Federal Inland Revenue Services and the Nigerian Port Authority.

Slovenia: LafargeHolcim will pay Euro270,000 in compensation to farmers in the Zasavje region, who claimed that pollution damaged their land. LafargeHolcim settled with the farmers before a long running court case ordered three other companies to pay up to Euro1.17m each, according to the Slovenian Press Agency. The farmers presented measurements showing permitted emissions had been exceeded by 10-fold or in some cases even 100-fold between 1991 and 2002, alongside evidence of declining yields and animal reproduction rates, as well as damage to orchards and forests. The other companies involved in the case were the Termoelektrarna Trbovlje (TET) thermal power plant, the Steklarna Hrastnik glassworks and the TKI chemicals factory.

Myanmar: Five foreign workers at Mawlamyine Cement, a cement plant being built by Siam Cement and CITIC Heavy Industries, have been charged for violating visa regulations. The workers failed to report the initial arrival of 11 of their colleagues’ to the local immigration authorities, according to the Myanmar Times. Four Chinese and one Thai citizen have been charged with violating three sections of the Registration of Foreigners Rules of 1948 which require the registration of foreigners with relevant immigration officials within 24 hours of arrival at a hotel.

Siam Cement and CITIC Heavy Industries signed a deal in 2013 to build a 5000t/day plant for US$197m. The plant is expected to become operational later in 2016.

Kenya: ARM Cement has completed an equity deal to secure US$140m in funding from CDC Group. The investment is believed to be the largest equity deal in Kenya and East Africa in 2016, and one of the largest equity deals in Kenya to date. The cement producer intends to use the investment to build a new cement plant in Kitui County.

“This deal is indicative of the increased infrastructure development in the East African region. The demand for quality and sustainably produced cement has never been higher, and this deal capacitates ARM to meet this demand head-on. The deal is good news as it is expected to create jobs due to increased production and opportunities all along the supply chain,” said Paras Shah, a partner with Bowmans Kenya, the firm that advised ARM on the legal aspects of the transaction.

Colombia: Cemex Latam has secured an interim contract with the government for its cement plant project in Maceo, Antioquia. The temporary solution will last until the end of an investigation into the irregular acquisition of the land, tax-free area and mining rights for the factory by Cemex Latam Holdings in 2012, according to the El Espectador newspaper. The company also intends to negotiate an extension of the lease contract, as per its original plans, in order to commence operation of the plant in early 2017.

An internal probe into the land deal found that irregular payments of US$20.5m had been made to Eugenio Diaz Correa, an individual connected to the deal. Cemex has fired Edgar Ramirez, vice president of planning, and Camilo Gonzalez, head of legal department, as part of the investigation and Carlos Jacks, the company's regional director, resigned. Cemex Latam has hired an external audit team and legal representatives in the case that was passed on to the Attorney General's Office of Colombia.

Colombia: Cemex Latam has dismissed its Vice President for Planning and the General Attorney for its Latin American and Colombian units following an investigation into US$20m payments related to a cement plant being built in Maceo, Antioquia Province, Colombia. In addition, the unit’s chief executive officer has resigned in connection to the probe, according to Bloomberg.

The South American subsidiary of Cemex found payments of about US$20m had been made to a non-government individual for land and mining rights, and benefits related to a tax-free area where the Maceo cement plant is being constructed, according to a regulatory filing released by the Colombian financial regulator. Cemex has informed the Colombian prosecutors of the results of its internal probe.