By REBECCA MUSHOTA –

SEVEN mining companies have sued ERB for unlawfully allowing Zesco and the Copperbelt Energy Company (CEC) to increase tariffs.
But the Lusaka High Court has ordered former Energy Regulation Board (ERB) chief executive officer Butler Sitali to stop representing seven mining companies that have sued the regulatory body.
Lusaka High Court Judge Isaac Chali ruled in chambers on Tuesday Last week, that Mr Sitali should recuse himself from representing the applicants because he is a former chief executive officer as well as legal counsel of the institution.
Mr Justice Chali said he had allowed the application by ERB to order Mr Sitali to stop representing the companies.
“The result is that the respondent’s application for an order that Mr Butler Sitali, counsel acting for the applicants, recuses himself from handling the matter, is granted. Mr Sitali shall therefore, henceforth cease to be counsel for the applicants or any of them in the judicial review proceedings,” he said.
Lumwana, Kansanshi, Lubambe, Mopani, Chibuluma, NFC Africa and Chambeshi Metals applied for judicial review on June 30, this year which Mr Justice Chali allowed on July 1, this year challenging ERB’s decision in April this year to allow Zesco and CEC increase electricity tariffs.
The decision, the applicants said, was done without regard for the power supply agreements made between the applicants, ERB, Zesco and CEC.
The applicants said the decision did not regard the mining companies and the law.
On July 24, ERB applied to the court to order Mr Sitali to be recused from the matter because he was a former director at the institution.
ERB said Mr Sitali worked as Legal Counsel of the institution from 2005 to 2008 and worked as chief executive officer from 2010 to 2013 and as a board member in 2013.
In his capacities, Mr Sitali dealt with issues such as the one tabled in the judicial review and also in his contracts as an employee of ERB, he was not allowed to disclose or use information he obtained while in employment.
Mr Sitali in his response said as legal counsel of ERB, he never dealt with unilateral review of tariffs in the Power supply agreements, which was the matter under judicial review.
He said matters pertaining to the judicial review were not confidential but of public law.
Mr Sitali said he had not used any information he obtained as an employee of ERB.
Mr Justice Chali in his ruling said he found that in his positions at ERB, Mr Sitali obtained information which could be relevant in the matter under judicial review and he had an obligation not to disclose that information even after leaving employment.