Displaying items by tag: Legal
Liberian government to sue Cemenco
04 September 2013Liberia: The Liberian government, through the Independent National Commission on Human Rights (INCHR) is preparing to take legal action against the Liberia Cement Corporation (Cemenco) for allegations of pollution from its operations in Monrovia.
"We have completed all medical examinations on dozens of residents in the Belema Community. Doctors have established that indeed the cement dust being produced by the company is responsible for their disability and lung infections," said INCHR Commissioner, James D Torh. He added that the INCHR was resolved to reap millions of dollars in damages for residents dating as far back as the time CEMENCO was established in 1968.
Australia: Cement Australia and Cement Australia (Kandos) (CA Kandos) have been fined a total of US$172,843 for the death of Colin David Fuller at the Kandos cement plant in 2009. Fuller was fatally injured when he was crushed between two hydraulic rams while working at the factory on 13 September 2009, according to the Mudgee Guardian.
The North South Wales (NSW) Industrial Relations Commission found that CA Kandos and Cement Australia had breached the Occupational Health and Safety Act 2000, by failing to install fixed guarding along the entire length of a feeder and conveyor system as required by Australian safety standards and failing to provide adequate supervision and instruction to Fuller. In the judgement Commissioner J Backman found that the systems in place at the time of Fuller's death were comprehensive but defective in a number of respects.
Nigerian army shuts fake cement plant
28 June 2013Nigeria: The Nigerian Army has reported that a fake cement production plant has been discovered in Ewekoro, Ogun State. According to a statement made by Captain Adamu Yahya Ngulde of the 35 Artillery Brigade, eight suspects were arrested at the site on 25 June 2013 and four cement trucks were found.
"Based on our preliminary investigation, the suspects get cement from the Dangote Cement Company and Lafarge and adulterate it with sand dust and package it in Dangote cement bags for distribution," said Ngulde. The suspects and the vehicles have been detained pending an investigation.
Heracles fined Euro7500 for breaking lay-off law
28 June 2013Greece: The Labour Inspectors' Corps has fined AGET Heracles cement industry, a subsidiary of Lafarge Group, Euro7500 for violating mass lay-offs legislation after ruling in favour of former employees recently laid off from its cement plant in Halkida and essentially shutting down the plant.
By closing the unit and laying-off 236 employees, the industry was found in violation of article 4 of Presidential Decree 240/2006 according to which, employees have to be notified and consulted in advance. The cement industry had said that it proceeded with the shutdown of its unit in Halkida due to financial reasons and as a result of the plunge in domestic construction activity and after failing to distribute its surplus production to international markets.
India: The Competition Commission of India (CCI) is investigating a complaint against a Chinese company offering waste heat recovery (WHR) solutions for the cement industry. This case is believed to be the first instance where a Chinese company has been affected by Indian competition law.
According to sources quoted by the Financial Express, Transparent Energy Systems (TESPL) filed a complaint against the Indian operations of Nanjing Triumph Kaineng (NTK). The complainant alleged the Chinese firm is severely impacting its business by quoting prices for tenders much below the market rates.
NTK specialises in WHR and accounts for a 30% market share of WHR power generation in the Chinese cement industry. It entered the Indian market in 2011 through a joint-venture with Tecpro Systems.
Hima appeals limestone rights
17 April 2013Uganda: Hima Cement says it has successfully challenged the loss of its limestone mining rights in Kasese, western Uganda.
David Njoroge, the General Manager of the Lafarge subsidiary, stated that the company had challenged the move during an Administrative Review process that was conducted in accordance with the Mining Act. It cited various instances of breach of the requirements of the law in the handover of its mining rights to the third party. Njoroge said the matter went to the High Court and has now progressed to the Court of Appeal.
"A stay of the orders of the High Court has been applied for and the appeal process has been commenced seeking to overturn the ruling of the High Court," said Njoroge. Hima lost the rights in early April 2013 to the East African Gold Sniffing Company following a Ugandan High Court ruling.
Oman: The Oman Cement Company has reported that a dispute with a contractor has been settled. The company has received a settlement of US$7.81m from an unnamed contractor who was implementing a new clinker production line.
The compensation included US$110,000 towards another contract for an alternate belt conveyor. The clinker plant has been commissioned and commenced commercial production in 2011. The company had raised a compensation claim on the contractor for certain project-related issues. Similarly, the contractor had also raised claim for additional payment for some of the project activities. Oman Cement stated that further details will be disclosed in its next financial statement.
Ha Giang Cement chairman prosecuted for fraud
03 April 2013Vietnam: The chairman of Ha Giang Cement JS Company has been prosecuted in a fraud case for an amount in excess of US$344,000.
Viet Nam News reports that police investigations dating back to September 2012 show that Vu Duy Chanh signed contracts to buy two mills without the approval of Ha Giang Cement's management board approval. Chanh then used the contracts as security for bank loans. One of the contracts was reportedly falsified to buy a fictitious machine while Chanh illegally used and sold the secondary machine at a diminished price.
Hima loses limestone rights in Uganda
03 April 2013Uganda: Hima Cement has lost its mining rights to limestone deposits in Uganda following a High Court decision. The court transferred the rights to limestone deposits in Kasese, western Uganda, from the subsidiary of Lafarge to the East African Gold Sniffing Company.
The court ruled that Hima's lease was for 21 years, ending on 31 December 2011, and it had already lapsed without any renewal in accordance with Section 47 of the Mining Act. East Africa Gold Sniffing contested a decision by the Ministry of Energy that restored Hima's mining rights after Hima managed to secure an exploration licence over the same area. The ruling means that mining of limestone and processing of cement must cease until and if an appellate court overturns the decision.
US$8m AfriSam Cement fraud case goes to court
27 March 2013Namibia: The prosecutor general of Namibia has decided to prosecute Esmerelda Majiedt and five co-accused in the High Court for a scam which allegedly cost AfriSam Cement, the forerunner of the Ohorongo Cement factory, US$8m.
Majiedt is charged with corruption, with the state alleging that while she was employed at AfriSam Cement, she received payments in her personal capacity from customers of the company. During the hearing of a bail application by Majiedt in June 2011, it was alleged that suspect deliveries involving cement worth more than US$7.67m had been made to Afrisam customers without payments for such deliveries being reflected on the company's books. Majiedt claimed that other employees of the company knew her computer password and could have been responsible for the manipulation of Afrisam's accounting system.