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Kono Court action against OCTEA gets COS backing

By Septimus Senessie in Kono

Plans to take on diamond mining giant OCTEA in a legal battle by the people of Koidu in the Kono District over tax evasion charges have received a major boost.

About five civil society organizations in the district have thrown their weight behind the Koidu City Council, which is championing the move. OCTEA was fingered over allegations it has failed to honor its property tax obligations.

This is in relation to tax owed for 2014, according to the mayor.

Saa Emerson Lamina, Koidu City Council Mayor, first made the allegation as part of his end of year message, claiming to have received all the necessary supports needed from both home and abroad to pursue the legal course after the miner was found to have allegedly evaded payment of property taxes to the tune of Le 900m.”

OCTEA is believed to be the biggest diamond mining company in the country.

Mayor Lamina in his statements to journalists and civil society groups had said the miner was owing the council in relation to property taxes on its heavy duty mining equipments, European and African styled supermarkets, canteens, eight powerhouses, modernised dwelling houses and what`s believed to be Africa`s second largest (180 tons per hour) diamond processing plant.

The mayor said the action of OCTEA had had negative impact towards development in the city and described it as a “gross contravention of the agreement it signed with the government of Sierra Leone in 2010 and sections 45, 56, 69, 70, and 71 of the Local Council Act of 2004 which make provisions for property tax payment.”

The city authorities hope to use the money, if paid, to undertake tangible developments that they say will positively impact lives of the ordinary people who are directly affected by the mining practices of the company.

The Civil Society Groups which have expressed support for the council`s move include the Knowledge for Community Empowerment Organisation (KoCEPO), Campaign for Just Mining (CJM), Advocate for Social Justice and Development (ASJD) and Leadership Efficiency and Advocacy for Development (LEAD) Sierra Leone.

They held a Town Hall meeting to state their position.

In an exclusive interview with Politico, the Chairman of CJM in Kono District, Ibrahim Sahr Hammed Bockarie, described the move by the council against the mining company as “the right step” that will prevent further blood shed of innocent people as it`s the case whenever aggrieved community members take to peaceful demonstration against some of the company`s actions.

Bockarie disclosed that in their 2015 activity plan, one of their key priorities was to take to OCTEA to court as a civil society organisation for “trampling” on the rights of affected mining communities. These include the alleged forceful removal of people from their dwelling houses during blasting exercises without compensation, failing to pay property taxes to both the Kono District and Koidu City councils.

CJM also want full compensation for bereaved family members of those who were allegedly killed by police during peaceful demonstrations against the company in 2007 and 2012, as well as dozens of others who survived bullet wounds in those unrests.

Komba Manga of KoCEPO, also welcoming the move to go to court, described tax “as the backbone of development.”

“OCTEA should not be a scape goat in the payment of their property taxes to the council but to emulate the good qualities of the poor traders at the Gbense Market who on a daily basis paid their dues to the council,” he said.

Athor Kargbo, National Executive Director of ASJD, who has just relinquished his position as the Executive Secretary for the umbrella body of civil society groups in the district - Kono District Civil Society Network - told Politico that their role as civil society organisation for the success of the council’s proposed curt action against OCTEA was “crucial.”

He said they will embark on a massive sensitisation drive at chiefdom level about the importance of court action.

Disappointingly, all efforts to reach the general manager of OCTEA, Christo Swanepoel, proved unsuccessful.

© Politico 22/01/15

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