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High Court Judge Sylvia Munyinya has ordered four witnesses in a legal dispute between environmental consultants Drizit Environmental Technology (Pty) Limited, Sino Metals Leach Zambia Limited and the Zambia Environmental Management Agency (ZEMA) to travel to Lusaka to testify physically after internet connectivity problems disrupted virtual proceedings.
The matter came up for continued trial on Tuesday, with Chakoleka appearing for Drizit, A. Musukwa and M. Musukwa for Sino Metals and J. Mazuba, in-house counsel, representing ZEMA.
The court had been hearing testimony remotely from witnesses, but persistent connectivity problems prevented the trial from making meaningful progress.
Judge Munyinya noted that the court had spent the entire day without making progress and warned that witnesses would have to travel to Lusaka if the problems continued.
Following a chamber meeting with lawyers for both sides, the judge adjourned the matter to Dec. 1-4, 2026, and ordered the four witnesses to appear in person.
The case stems from a dispute linked to a February 2025 tailings dam spill at Sino Metals in Chambishi, which released acidic effluent into the Kafue River and surrounding farmland.
Sino Metals has filed a countersuit against Drizit, accusing the environmental consultancy of fraudulent and illegal conduct and seeking repayment of US$871,800 under an assessment contract.
According to court filings, Sino Metals alleged that Drizit misrepresented its qualifications to conduct an Environmental Impact Assessment (EIA), submitted inaccurate reports and fabricated information, including the existence of a so-called “hot zone” before it was engaged.
The mining company also accused Drizit of gross incompetence, citing alleged failures to follow EIA methodologies, misidentification of pollution control dams, incorrect application of soil and water standards and unsupported recommendations.
Sino Metals further alleged that Drizit breached confidentiality by publicly releasing unapproved reports and a letter dated June 3, 2025, causing reputational harm, regulatory scrutiny and multiple lawsuits.
“Drizit’s actions were deliberate and reckless, going far beyond negligence. The unauthorized disclosure of reports harmed our reputation and forced us into costly legal action,” Sino Metals stated in its court documents.
Drizit has separately sued Sino Metals and ZEMA for US$3.48 million, accusing the mining company of negligence, bad faith and withholding payments following the tailings spill.
Drizit claimed it was penalised after recommending that an area near the tailings dam be declared a “hot zone” because of dangerously high contamination levels.
“Despite completing all required assessments and reports, Sino Metals terminated our contract unlawfully and withheld payments,” Drizit stated in its claim.
During Tuesday’s proceedings, Drizit witness Nicholaas Johannes Du Preez, 55, a South African national and International Operations Director for Drizit Group, testified via virtual link.
Du Preez, who has worked for Drizit Group for 22 years, told the court that his role was to facilitate and support a team conducting an environmental incident assessment.
He said he was among those who visited Sino Metals’ premises for the first time on Feb. 25, 2025.
Under cross-examination, Du Preez said the purpose of the visit was to introduce Drizit to Sino Metals and discuss the environmental assessment and the disaster that had occurred.
He was referred to paragraph 8 of his witness statement, which stated that sometime in March 2025, Sino Metals was approached to assess the impact of the tailings dam incident and its environmental consequences.
Du Preez explained that after the initial meeting in late February, contract discussions took place in March and confirmed that he was the liaison person between Drizit and Sino Metals.
He confirmed that the contract between the two companies was signed on March 29, 2025, and was questioned about the first weekly progress report covering March 31 to April 8.
The proceedings were subsequently disrupted by persistent internet connectivity problems, prompting the court to order that the remaining witnesses appear physically in Lusaka.
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