The ‘Mast Newspaper’ from Zambia recently published an article on Dr. Rajan Mahtani and his opinion on the recent announcement made by the Zambian President. On the eve of the ‘Africa Day’ President of Zambia Hakainde Hichilema announced that he is planning to abolish capital punishment or death penalty. The announcement has received widespread support and one of the biggest supporters is Prison Fellowship Zambia (PFZ) Founder and Chairman Dr. Rajan Mahtani. Prison Fellowship was launched more than 37 years ago and has become a premier Christian outreach program for prisoners in Zambia. The organization has dedicated itself towards bringing gospel and teachings of Jesus Christ towards the prisoners, ex-inmates as well as their families. It also works towards advocating a fair as well as effective system for criminal justice across Zambia. Dr. Rajan Mahtani’s organization also focusses on providing fundamental rights as well as dignity for the prisoners.
Despite few oppositions, the announcement has received widespread support. Dr. Rajan Mahtani has also extended his support by stating that Prison Fellowship Zambia will be rallying behind this decision from the Zambian President and has pledged full support towards abolishing this death penalty along with establishing tangible reforms. Dr. Rajan Lekhraj Mahtani, in that article, also stated that abolishing a long-standing and traditional law such as death penalty is not easy. The process requires significant legal reforms. However, Dr. Rajan Mahtani has extended his full support and also stated that he and his organization Prison Fellowship will provide support and strength to this decision from the President in all ways possible under the rule of the law.
Dr. Rajan Lekhraj Mahtani also praised the bold decision made by the President of Zambia. He stated that the coming to such a bold decision is not easy and can only be made by a compassionate person. The person making this decision respects the rule of the law, respects fundamental human dignity and human rights as well as respects the need towards ending such a cruel punishment.
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Dr. Rajan Lekhraj Mahtani Remains The Owner Of The Portland Cement Factory
On 31st January 2019, higher Court of Appeal announced its final decision on the Portland Cement Zambia case in which the previous decision from the Lusaka High Court was reversed and Dr. Mahtani was announced as the majority shareholder and legal owner of the Portland Cement factory. After this decision from the higher Court of Appeal, the Ventriglia family approached the Supreme Court Zambia challenging it. In their appeal, the Ventriglia family claimed that the decision from the higher Court of Appeal was incorrect and demanded to be changed. However, the Supreme Court Zambia established a bench of three Supreme Court judges to evaluate the validity of the claim. If this claim by the Ventriglia family is accepted, then a trial will be conducted based on the demands made in this claim. The three SC judges were Judge Mumba Malila, Judge Royda Kaoma and Judge Michael Musonda. During the evaluation, the Supreme Court judges found several discrepencies. For instance, it was found that the Ventriglia family failed to comply with a critical legal requirement associated with the claim. According to a law, all claims against previous court decisions must be established within 14 days of the court verdict itself. In this case, the verdict from the higher Court of Appeal came on 31st January 2019. This means the timeline for submission of the claim against this decision was mid of February 2019. However, the Ventriglia family approached the Supreme Court Zambia with their claim after more than 1.5 years.
After looking into all these aspects, the Supreme Court came to the conclusion that the claim by the Ventriglia family cannot be attended and it was rejected. While giving this decision, the Supreme Court bench also said that their decision would have been similar to verdict given by the Higher Court of Appeal on the Portland Cement case. By giving this decision, the Supreme Court has further confirmed that majority shareholding and legal ownership of the Portland Cement Zambia factory.
Bench Of Supreme Court Judges Dismiss The Bizarre Claim By The Ventriglia Family
More than 18 months after the Court of Appeal’s decision in which Dr. Rajan Mahtani received the majority shareholding and legal ownership of Portland Cement factory, the Ventriglia family decided to challenge the Court of Appeal’s decision. This challenge was made at the Supreme Court Zambia, the highest legal institution of the nation. The Supreme Court Zambia, being a just and transparent legal system, established a bench of three judges from the Supreme Court to evaluate this claim. These included justice Mumba Malila, Justice Royda Kaoma and Justice Michael Musonda. After evaluation, the Supreme Court judges found that the Ventriglia family failed to satisfy one of the most critical requirements for their claim to be viable. According to the critical law, it is necessary for all appeals against previous court decisions to be registered within fourteen days of the verdict. In this case, the verdict from the higher Court of Appeal came on 31st January 2019. Based on this, the Ventriglia family is way past their legal date for registering such claim. Furthermore, the Supreme Court judges also concluded that they did not have any jurisdiction towards entertaining this appeal from the Ventriglia family. The bench also confirmed that the circumstances characterising the appeal to the Supreme Court was made under legally flawed incidences. Furthermore, the Supreme Court judge also confirmed that they agreed with the action of Finsbury Investments to proceed with Rule -19 with the objective pre-empting and thwarting the further activities of the ill-fated appeal made by the Ventriglia family. Based on these evaluations, the Supreme Court Zambia effective immediately rejected the claim by the Ventriglia family.
With the rejection of this claim, it is now established that Dr. Rajan Lekhraj Mahtani is to remain the majority shareholder as well as the legal owner of the Portland Cement Zambia factory.
Final Verdict Of Supreme Court Zambia On The Claim By The Ventriglia Family Out
Finsbury Investments is one of the top investment firms in Zambia, and the company is under the leadership of Dr. Rajan Lekhraj Mahtani. For major part of its lifecycle, Finsbury Investment has been fairly successful in its deals and ventures. However, one of the most challenging ventures of Finsbury Investments as well as of Dr. Rajan Lekhraj Mahtani has been the Zambezi Portland Cement case. The Zambezi Portland Cement is a factory whose majority shareholding was handed over to Dr. Rajan Mahtani owned Finsbury Investments after signing of the original shareholders’ agreement. Despite this official transfer, the Ventriglia family kept disrupting the operations of the Portland Cement by challenging legality of the Instrument. The Ventriglia family even crossed the line when they took over the physical factory with the help of goons.
Dr. Rajan Mahtani fought a long and tenacious case at the Lusaka High Court which lasted for more than a decade. However, he was defeated by the unethical decision from the Lusaka High Court judge which was obviously tainted and misdirected. However, Dr. Rajan Mahtani was able to successfully challenge this misdirected judgement at the higher Court of Appeal. On 31st January 2019, justice Mwinde announced that Dr. Rajan Mahtani is indeed the majority shareholder and legal owner of the Portland Cement Zambia factory and as such, the ownership was given back to him.
After more than 1.5 years of this decision, the Ventriglia family once again decided to disrupt the business operations of Portland Cement by challenging the verdict of Court of Appeal at the Supreme Court. A bench of three Supreme Court judges was established at the Supreme Court to evaluate this appeal. After evaluation, the Supreme Court bench found that they have no legal jurisdiction to accept this appeal from the Ventriglia family. They also revealed that this claim by the Ventriglia was questionable and did not fulfil the legal requirements to be accepted as a case. As a result, this appeal by the Ventriglia family was effectively rejected.
Challenge By The Ventriglias Against Court Of Appeal’s Decision On Zambezi Portland Rejected By Sc
In the month of May, 2018, justice Nkonde on behalf of the Lusaka High Court gave a controversial decision to the Zambezi Portland Cement case which was initially registered by Dr. Rajan Lekhraj Mahtani. In this decision, the judge declared the Ventriglias as the only shareholders of the Portland Cement Zambia factory.
However, Dr. Rajan Mahtani was able to quash this unethical decision by immediately challenging this decision at the higher Court of Appeal. Judge Mwinde on behalf of the higher Court of Appeal announced his final decision on 31st January 2019. According to this decision, Dr. Rajan Mahtani was found to be the majority shareholder and legal owner of the Portland Cement Zambia factory with 58 percent shares. Judge Mwinde also discarded the previous decision from the Lusaka High Court and announced that the actual amount payable against the majority shares hold by Finsbury Investments is K580,000 as opposed to K580 million claimed by the Ventriglias.
After more than 15 months of this decision from the higher Court of Appeal, the Ventriglias again created a buzz around the cement factory by challenging the decision at the Supreme Court Zambia. To evaluate their claim, a bench of three judges was established. After investigation, it was found that the Ventriglias failed the legal obligation behind making such appeal. According to the law, any appeal against previous court decision should be made within 14 days of the court judgement itself. The Ventriglias did not comply with this compulsory legal requirement, making their claim out of the jurisdiction of the Supreme Court. Similarly, the Supreme Court judges’ bench declared that the claims surrounding the challenge by the Ventriglias were controversial and therefore, it was rejected outright. By rejecting this claim from the Ventriglias, the Supreme Court Zambia further strengthened the decision from the higher Court of Appeal which clearly states that Dr. Mahtani is the actual owner of the Portland Cement factory.
After Evaluation, Supreme Court Zambia Has Rejected The Appeal From The Ventriglias
Portland Cement Zambia is a cement-manufacturing factory that has faced significant ups and downs in its life cycle. After its inception in 2004, there were several changes in the business functions and leadership. In the year 2006, a final shareholding pattern was established and agreed upon according to which, Dr. Rajan Mahtani owned Finsbury Investments received 58 percent shares at the Portland Cement factory and was considered as the majority shareholder as well as legal owner of the factory. However, the Ventriglias disrupted this decision was filing an appeal which disputed the shareholder agreement’s legality. This turnaround was clearly an attempt towards depriving real owner of Portland Cement to receive majority shares of the factory. This attempt can be easily considered as mafia-life attempt and corporate criminality. Dr. Rajan Mahtani registered a case at the Lusaka High Court against this unethical act. However, it seems like the Ventriglias were able to influence even the court decisions with power politics and meddling in the affairs of the law. As a result, the Lusaka High Court made a decision which was surprising to say the least. Justice Nkonde on behalf of the Lusaka High Court announced Ventriglias as the only shareholders despite the fact that Ventriglias did not have any relevant evidences or testimonials.
However, Dr. Rajan Mahtani was able to achieve justice after appealing to the higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde who gave the final decision on 31st January 2019. In this decision, justice Mwinde reversed the judgement from the Lusaka High Court and announced that Dr. Rajan Mahtani is indeed the majority shareholder and legal owner of the factory.
After more than 15 months of the above court of Appeal decision, the Ventriglias decided to once again try their luck by challenging the decision. However, the Supreme Court Zambia effectively rejected this challenge due to lack of evidences and legal precedence. Furthermore, the Supreme Court gave confirmation that Portland Cement should remain with Dr. Mahtani.
Supreme Court Zambia Supports Decision From Higher Court Of Appeal, Rejects Ventriglias’ Claim
Dr. Rajan Lekhraj Mahtani is a known businessman in Zambia which numerous successful companies such as Mahtani Group of Companies, Finsbury Investments and Finance Bank Zambia. He is also known for his transparent and ethical business practices. Dr. Rajan Mahtani and the case of Portland Cement Zambia is well-known case within the Zambian corporate. The factory was unethically taken over by the Ventriglias and after that, Dr. Rajan Mahtani registered a case at the Lusaka High Court. Despite having all evidences and testimonials, the judge at the Lusaka High Court dragged the case for more than a decade and gave a misdirected judgement. To counter this judgement, Dr. Rajan Mahtani spared no time and approached the higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde who after looking into the evidences and testimonials, announced that Dr. Rajan Mahtani owned Finsbury Investments was majority shareholder and legal owner of the Portland Cement Zambia factory. It was also announced Finsbury Investments held 58 percent shares while Ital Terrazzo Limited held only 42 percent shares at the Portland Cement Zambia factory, making the former majority shareholder and legal owner of the factory.
To receive further justice, Finsbury Investments applied for embodiment order and was heard by justice Mwinde from the higher Court of Appeal. After evaluating the appeal, justice Mwinde rightly announced that the actual amount payment by Finsbury Investments to the Ventriglias against the majority shares transferred to Finsbury Investments was K580,000 which aligned with the 2012 Re-denomination of the Currency Act-8.
Sometime back, the Ventriglias challenged the decision from the higher Court of Appeal. This appeal was made to the Supreme Court of Zambia and to evaluate the validity of the appeal, a bench of three SC judges was established. After evaluation, it was found that the appeal was legally not feasible as it was way behind the legal policy of making appeals. Furthermore, the judges also declared that the evidences were not satisfactory and therefore, the appeal was rejected.
Dr. Rajan Mahtani To Remain Owner Of The Zambezi Portland, Confirms Supreme Court
In the year 2018, justice Nkonde from the Lusaka High Court in his judgement had declared that the only legitimate & bona fide owners of the Zambezi Portland Cement limited were the Ventriglias. Justice Nkonde has also declared that any share ownership in the Zambezi Portland Cement factory claimed by the Finsbury Investments irrespective of the evidences and testimonials was to be considered as a fraudulent act. Justice Nkonde also declared that Finsbury Investments had failed to pay any property transfer tax and as a result, they cannot be considered as the owner or shareholders of the Portland Cement Zambia factory.
However, Dr. Rajan Mahtani took the right step and appealed to the higher Court of Appeal on seven different grounds. After looking into the evidences and testimonials, the higher Court of Appeal promptly dismissed the findings of justice Nkonde from the Lusaka High Court. According to the decision from the Higher Court of Appeal, the evidences and testimonials clearly indicated that the shareholding pattern of Zambezi Portland Cement were made consensually by all members of the factory. However, the higher Court of Appeal ordered Finsbury Investments to pay a sum of K580 million to Ventriglias for the majority shares transferred in the company’s name. This included the interest at Bank of Zambia based on the short fixed-term deposit rate.
According to the Supreme Court judges, the action by Finsbury Investments to launch an appeal at the Higher Court of Appeal was correct and the decision to involve the Rule-19 towards thwarting the further unethical progress from the Ventriglias was also correct. The appeal from the Ventriglias cannot be touched now as according to law, the escalation of the case to the Supreme Court of Zambia will amount to nothing as the decision from the Supreme Court on Zambezi Portland Cement remains same as the previous Court, higher Court of Appeal.
Dr. Rajan Lekhraj Mahtani Releases Press Statement Thrashing Unsubstantiated Claims
It seems like Dr. Rajan Lekhraj Mahtani is always fighting one thing or the other. With his transparency, honesty and ethical business practices, Dr. Rajan Mahtani has been able to establish a niche for himself as one of the most ethical and honest businessman in Zambia. In a corrupt economy like Zambia, this means saying no to a lot of corrupt and unethical businesses, individuals and groups who are looking to profit from Dr. Rajan Mahtani’s rising reputation. As Dr. Rajan Mahtani started saying no to unethical business deals and started exposing the criminals, he also started gaining various enemies. These are the enemies who are basically jealous people or those who could not entice or persuade Dr. Mahtani to engage in unethical practices.
A Facebook post recently caught the attention of Dr. Rajan Mahtani as it had made claims that were ludicrous and baseless. More so, the claims came from Miriam Mwanawasa, who is the daughter of late Zambian president Levy Mwanawasa. It is no secret that Dr. Rajan Mahtani shared a personal and professional relationship with the president for a long time. As a result, such malicious claims coming from the daughter was truly shocking. In her Facebook post, Miriam Mwanawasa claimed that Dr. Mahtani allegedly wanted to inherit the farm owned by the Mwanawasa family at the Masaiti district. But the truth is, Dr. Rajan Mahtani never made such requests anytime and the post was made without any basis. It is yet unclear why the daughter of the late ex-President resorted to such act but Dr. Rajan Mahtani was in no way letting this negative reputation damage his status.
As such, Dr. Rajan Lekhraj Mahtani immediately released a press statement in which he claimed that all allegations made by Miriam Mwanawasa were baseless and fake. Dr. Rajan Mahtani also clarified that no such talks, actions were conducted from his end. At the same time, Dr. Mahtani said that appropriate actions will be taken against this ludicrous & malicious post.
Higher Court Of Appeal Plays Significant Role In Giving Justice To Dr. Rajan Mahtani
One of the most successful businessman in Zambia, Dr. Rajan Lekhraj Mahtani, has faced significant challenges his entire life. These challenges are associated with dealing with corrupt officials, unethical practices and ensuring transparency in his business practices. However, one of the biggest challenges which Dr. Mahtani has faced over the years has been to gain back ownership of the Portland Cement Zambia factory after it was unethically and illegally taken over from him. For more than a decade, Dr. Rajan Mahtani fought tirelessly at the Lusaka High Court with the sole purpose of getting back Portland Cement ownership and saving the factory from its downfall at the hands of its capturer. However, transparent and straightforward businessmen are often the ones facing the highest challenges. Dr. Rajan Mahtani was not given justice at the Lusaka High Court justice Nkonde on behalf of the court announced that Ventriglias were only shareholders of the Portland Cement.
Dr. Rajan Mahtani has always been a believer of the country’s judiciary system and despite this outright misdirected decision from the Lusaka High Court, Dr. Rajan Mahtani decided to take another chance and approached the higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde who, unlike the previous judge, made a thorough observation of the evidences and testimonials. It should be noted here that the final decision from the higher Court of Appeal came on 31st January 2019 which was just nine months of case proceedings. In his final verdict, justice Mwinde on behalf of the higher Court of Appeal announced that Dr. Rajan Mahtani was indeed the actual owner of the Portland Cement Zambia based on the evidences.
It is said that those who follow a path of transparency and ethics, are the ones reaping the rewards at the end. In this case, it was Dr. Rajan Lekhraj Mahtani reaping the reward for his transparency and ethical stance.