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Un vrai scandale ! Un rapport de l’Inspection générale des finances (IGF), daté 30 novembre 2022, dont Exclusif s’est procuré une copie, met à nu le bradage planifié des actifs miniers de l
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Sale of the mining assets of COMINIERE: The IGF overwhelms Adèle Kayinda and the leaders of this company
A real scandal! A report from the General Inspectorate of Finance (IGF), dated November 30, 2022, of which Exclusif obtained a copy, exposes the planned sell-off of the mining assets of Congolaise de l'Exploitation Miniere (COMINIERE S.A), by its management team with the involvement of the Ministry of Portfolio.
Of the 40 mining titles from which COMINIERE has benefited since its creation, 37 titles have already been sold to various private partners and 1 title is leased to CHEMAF.
According to the IGF, “Among the 37 mining titles sold, 6 mining titles relating to LITHIUM deposits were sold in a joint venture called DATHCOM MINING with Australian and Chinese private parties.
When DATHCOM MINING was created, the shares were distributed as follows despite the fact that it was COMINIERE S.A which provided the LITHIUM deposits and other minerals while DATHOMIR was to provide the financing: 70% DATHOMIR MINING SARL; 30% COMINIERE S.A.”
The IGF recalls that the corporate purpose of La COMINIERE S.A as defined in its statutes is "to carry out all study, prospecting, research and mining operations for cassiterite, coltan, tin, etc. . ".
In practice, none of everything described is done.
To such an extent that a practice has been instituted at the General Management of COMINIERE SA (in violation of its articles of association), that of simple activities of acquiring holdings in mixed companies by means of definitive and irrevocable transfers of mining titles, against minority stakes of a maximum of 30% in the share capital of these Joint-ventures and 70% of stakes allocated to the other partners, although having presented no financial guarantee.
“It is a real sale of the mining heritage of the State. The External Partners now own, definitively and irrevocably, more than 90% of the mining assets of COMINIERE S.A.”, denounces the General Inspectorate of Finance.
According to this IGF report, “there has been observed abusive, systematic and irrational transfers of mining rights from the Congolese State without any prior assessment, against a maximum of 30% of shares in the Joint Ventures.
Transfers to which the General Management of COMINIERE S.A justifies by the lack of financial means including State subsidies as well as by the need for their survival.
This by explaining that even if the mining code enshrines the final and irrevocable transfer of mining titles in its chapter II, articles 182 to 185, the final and irrevocable transfers of mining perimeters not preceded by a prior assessment are acts of selling off which do not can be justified by the absence of state subsidies and even less by the need for survival. »
It is explained that in the absence of means of valuation of the mining titles before their contribution in the Joint-Ventures, a final and irrevocable transfer accompanied by a clause of redistribution of shares in the event of evaluation of the mining titles can be legally justified, which is not the case of the General Management of COMINIERE S.A which institutes definitive and irrevocable transfers of the non-valued mining perimeters without any precaution.
Still according to the IGF, the COMINIERE mining rights transfer policy is motivated by the survival and not the enrichment of the State.
"The investigations of the Control Team led to a contradictory observation of the absence of economic, financial and social repercussions of this policy of definitive and irrevocable transfers of the mining rights of the State on the enrichment of the Congolese State, and that COMINIERE S.A is content to take care of the survival and not the enrichment of the Congolese State, owner of the mining resources”, indicates the control team of the IGF.
That's not all.
Worse still, "the Exploration Permits are transferred to the partners without payment of the transfer price in favor of COMINIERE S.A, without any reaction from the Managing Director of COMINIERE S.A, despite the fact that the transfer contract clearly provides for the payment of a sale price".
The company DATHCOM Mining S.A was initially created in partnership with the company DATHOMIR Mining Resources on October 17, 2016.
Its fallacious promises of financing had earned the latter the allocation of 70% of shares while COMINIERE S.A which sold definitively and irrevocably mining titles was content with 30% of the shares.
No proof of funding guarantee provided by its partner was provided to the control team.
As if the 70% were not enough to mobilize financing, DATHOMIR Mining Resources was awarded an additional 5% of the shares of COMINIERE SA in reason that a sister company of DATHOMIR would have done the MANONO – PWETO route without being paid by the Congolese State. COMTNIERE S.A only kept 25%.
Involvement of the Ministry of Portfolio
For the IGF, “all these violations were authorized by the Ministry of Portfolio”. Clearly, the responsibility of the management of COMINIERE S.A as well as that of Minister Adèle Kanyinda, even if the IGF does not mention the latter by name.
15% of the shares of COMINIERE S.A in DATHCOM Mining sold at a low price to ZIJIN Mining.
“While the final feasibility study of the Lithium deposit project had communicated its results according to which the 100% of the shares of DATHCOM were worth USD 1,028,000,000 and that the 15% of the shares of COMINIERE already represented USD 154,200,000 , these (15% of the shares) were sold to ZIJIN Mining for the derisory amount of USD 33,440,000, thus causing a shortfall of USD 120,760,000.
As unlikely as it may seem, none of these USD 33,440,000 was allocated to the operation of COMINIERE S.A.
The coffers of the company are already ringing hollow to this day.
In this sale of the mining assets of COMINIERE, in addition to its CEO and the Minister of Portfolio who had given all these authorizations, are also involved the CEO of CAMI and a Special Advisor.
Vultures.
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