Xstrata to challenge Dominican court ruling as unconstitutional

Santo Domingo.- The Canada based miner Xstrata Nickel Falcondo on Tuesday said a La Vega (central) court’s ruling ordering that it halt its exploitation at Loma Miranda and allows free access to private property by third parties, violates its constitutional rights.

Referring to the La Vega court‘s ruling, Xstrata spokesman José Luis López noted that Falcondo has no mining activity at Loma Miranda and therefore no operation to halt.

He said Falcondo bought 1,386 hectares at Loma Miranda in 2008, for which the court’s ruling violates the constitutional right of private ownership, since it allows third parties unrestricted access to their property.

"It’s difficult for us to understand the motivations behind this error, if in fact we don’t have any mining activity in the area, so there are no activities to stop. Moreover, a court which allows the free passage of others to a private property without authority to do so is a violation of the constitutional right of ownership stated in the country’s legal security," the executive said.

In a statement, Lopez added that his company will challenge the ruling in the appropriate courts, “always confident in the country’s legal security and adherence to the laws by the Dominican judicial system.