Khémisset: Company Refrains from Implementing Court Decisions and Continues to Extract Mining Materials

A. Latif Baraka: Heba Press

A company in the Zuhlika area of ​​Khemisset prefecture refused to execute a court decision issued on behalf of His Majesty after exhausting all enforcement procedures and extracting mining materials without a mining certificate despite two violations committed by officials of the Ministry of Energy and Minerals. The ministry has prosecuted the owner of the company in the criminal courts and is awaiting a prison sentence of up to two years in prison, in accordance with the requirements of the Law Regulating Mines 33.13, which is the penalty stipulated in Article 104.

It extracts mining materials and sells them to factories in the cities of Berrechid, Settat and Kenitra. It extracts 400 tons daily from the mine without road surveillance by the police, security and road inspectors affiliated with the Ministry of Transport, and without verification of supporting and legal documents of the loading via trucks and its origins.

The injured party’s lawyer filed a complaint with the Attorney General of Rabat. The website has a copy of the complaint explaining the details and reasons for the extraction of mining materials without a mining certificate.

The public prosecutor at the Rabat Court of Appeal referred the complaint to the public prosecutor at the Court of First Instance of Salé, and it has been lingering on the shelves for a year, in flagrant disregard of the directives of the Deputy President of the High Council of the Judiciary, Mohamed Abdel Nabawi, and the President of the Court of Cassation, who have repeatedly called for compliance with the legal deadlines for disseminating complaints.

A source from the company confirms that the owner of this company, which currently exploits mining materials, claims to hold a license, numbered 75. This license concerns quarries and not mines. In turn, the administrative court canceled it by a judgment. of first instance and appeal.
He uses it to create a mine, despite its prohibition.
Two successive Ministers of the Ministry of Energy and Minerals have previously stressed, by correspondence, a copy of which is available on our website, that this area is a mining area and is not specific to quarries.

There are also court decisions issued in the name of His Majesty the King that the business owner has failed to implement, and local reports indicate that administrative officials are supporting the immune business owner.

All the judicial decisions remain difficult to implement for a year until today, despite the presence of the public force to implement the judicial decisions, but this has not been done and the decision remains a dead letter.

The persons concerned have asked the President of the High Council of the Judiciary and the President of the Public Prosecution Service to activate their powers out of respect for the sanctity of judicial decisions made in the name of Her Majesty.