Uganda's Tungsten Miner Files Claim Against ITA

The sole tungsten miner in Uganda has filed a claim against the International Tin Association (ITA) over alleged anti-competitive behavior, a claim summary published by Britain’s Competition and Appeal Tribunal shows.

Kerilee Investments Limited, the UK's major shareholder of Uganda KI3R, which owns the Nyamuliro tungsten mine, said the ITA refused its membership of its conflict mineral due to diligence program “without due process or justifiable reason”.

The International Tin Supply Chain Initiative (ITSCI) was established in 2009 and formally implemented in 2011 to help end-users of tin, titanium/nickel, and tungsten ensure that their supply chains are free from conflict financing or human rights abuses. It is managed by the ITA.

ITSCI project manager Roper Klein confirmed that the case has been filed, but declined to comment on the allegations. Cleland wrote in an email said: "The proceedings are being vigorously contested in their entirety by the ITA and a robust Defence is being prepared. We will be addressing the specific allegations in Court."

In addition to damages, interest, and costs, Kerilee is seeking a declaration that ITSCI "abuses its dominant position" and "engaged in anti-competitive practices" and that it is excluded from the ITSCI program as "illegal or influence arbitrarily."

"We have chosen CAT because it is about anti-competitive practices that cause damage and needs to be answered. We have confidence in our own situation," said Brian Beckett, CEO of Kerilee Investments Ltd. said in an emailed statement. Kerilee also seeks an injunction restraining ITSCI from issuing communiques, alerts, or directives with regards to its commercial activity, according to the Tribunal document.

In May 2019, the tungsten mine main owner Kerilee sued Uganda ITA, accusing it of defamation in the warnings issued in December 2017 and January 2018. The Uganda High Court in April last year ruled the subject matter of the dispute was outside its jurisdiction.

• < Prev
• Next >