AVZ Discussion 2022

[Winenut]

The DRC Court structure:
Yes the case wasn't heard in the highest court, but it wasn't heard in the local pub either.
The case was heard in the tribunaux de grande instance.
I really don't know in which court this case was supposed to be heard, I am not a DRC lawyer.

This is a little bit of an explanation:

8.4. The Constitutional Court​

Article 157 of the 2006 Congolese Constitution institutes the Constitutional Court. The government has passed in October 2013 an organic law on the Constitutional Court. Established in 2013, the Constitutional Court became operational in 2015.

8.4.1. Jurisdiction​

The Constitutional Court is the highest court in constitutional matters. It is not the highest court in the DRC but given that the Constitution is the supreme law of the land the Constitutional Court is practically the court defining and settling the most fundamental issues in the country. Moreover, the Court may hear appeals from the Council of State and the Court of Cassation on jurisdictional questions. In that sense, the Constitutional Court performs in the Congo the function that the Tribunal of Conflicts fills in France: deciding within which ordre de jurisdiction or court system a case falls.

The Constitutional Court has a mandate as broad and significant as the Constitution itself. The core function of the Constitutional Court is to check the constitutionality of laws and conduct with legal consequences. Anyone may seize the Court to call into question the constitutionality of an Act of Parliament or regulation. The Court checks the constitutionality of organic laws and regulations before their promulgation. It checks the constitutionality of the rules of order of the Parliament, the Independent Electoral Commission, and the CSAC. Any act the Court finds inconsistent with the Constitution is null and void. The decisions of the Constitutional Court are final and executory and bind all courts and persons in the country.

The Court interprets the Constitution upon request by the President of the Republic, the government, the President of the Senate or the Speaker of the National Assembly, one tenth of the members of either of the two parliamentary houses, Governors, and presidents of provincial assemblies. It resolves disputes on referenda and presidential and legislative elections, conflicts over the distribution of powers between the government and the Parliament and between the central and provincial governments. The Court also hears criminal cases against the President of the Republic and the Prime Minister, after two thirds of the congress vote in favor of prosecution. Upon conviction, the Court removes the President or Prime Minister from his or her office. The International Criminal Court exercises complementary jurisdiction in cases of war crimes and crimes against humanity.

8.4.2. Membership and Tenure​

The Constitutional Court is made up of nine judges appointed by the President of the Republic. The President chooses three judges for appointment as Constitutional Court judges; the congress (i.e., Senate and National Assembly, voting collectively) and the JSC each recommend three Constitutional Court judges. Appointed in July 2014, the first nine judges of the Constitutional Court were Eugène Lwape Banyaku, Jean-Louis Kangashe Esambo, Yvon Kele Oma Kalonda, Noël Ngozi Mala Kilomba, Luamba Bindu, Emmanuel-Janvier Bambi Lessa Luzolo, Mpunga Sungu, Félix Vunduawe Te Pemako, and Corneille Nsongo Wasenda.

Two thirds of the judges must be lawyers from the bench, the bar or academia, with at least 15 years of experience in law or politics. Constitutional Court judges serve for a non-renewable term of nine years. One third of the Court is renewed every three years. Judges choose who among them will be the Chief Justice. Once elected by his peers, the Chief Justice is formally elevated to the position of Chief Justice by the Congolese President by means of an ordinance. The Chief Justice serves for a once renewable term of three years. The current Chief Justice is Benoît Bindu Luamba.

8.5. The Court of Cassation​

Article 153 of the Constitution creates the Court of Cassation (Cour de cassation) and puts civil and military courts under its control. Stated differently, the ordinary court system is headed by the Court of Cassation. In April 2013, the Congolese Parliament passed an organic law on the ordinary court system, which is the vast private and criminal law court system that encompasses the magistrates’ courts (tribunaux de paix), military courts, the Tribunal de Grande Instance, commercial courts, Courts of Appeals, the Military High Court and the Court of Cassation. Ordinary courts mediate the extensive range of civil and criminal litigation; they are the heart of the judicial system.

The Court of Cassation is composed of one “first president” or chief judge (Premier président), associate justices (présidents), and advisors (conseillers). Jérôme Kimpele Kitoko serves as the President of the Court of Cassation. The Court of Cassation is divided in four chambers: one chamber for civil matters, another for commercial matters, a third chamber for social matters and a fourth one for criminal matters. Each chamber has five members. The Parliament signed legislation on the procedure before the Court of Cassation in February 2013.

The Court of Cassation is the court of last resort. It hears appeals from decisions and judgments made by civil and military courts and tribunals. Yet when a case is appealed to the Court of Cassation, the Court does not decide the case itself; it decides only the legal questions referred to it. The Court either upholds the decision from a lower court or quashes it; in such event the Court will remand the case for reconsideration to the lower court in the light of the Court of Cassation’s decision on the legal questions.

One exception exists, though. The Court of Cassation has original and appellate jurisdictions in criminal cases against senior government officers. It decides both the facts and the legal question(s) in criminal cases against members of Parliament, government members other than the Prime Minister, members of the Constitutional Court, judges of the Court of Cassation and prosecutors appearing before that Court, members of the Council of State and prosecutors appearing before the Council, members of the Court des Comptes and prosecutors appearing before that Court, the chief judges of courts of appeals and the prosecutors appearing before those courts, the chief judges of administrative courts of appeals and the prosecutors appearing before those courts, the Governors and vice-governors, provincial ministers, and the presidents of provincial assemblies.

8.6. The Council of State​

Article 154 of the Constitution unfolds a system of administrative courts, formed by the Council of State (Conseil d’État), the Administrative Court of Appeals, administrative courts and tribunals. Unlike the Council of State in France, the Council of State in the DRC is part of the judiciary, not part of the executive branch of government. The Congolese Council of State hears and determines cases brought against the acts, regulations and decisions of national administrative bodies and officials. It hears appeals against decisions of administrative courts of appeals. In instances where there are no competent courts to hear claims for damages caused by measures taken or ordered by the state, the Council adjudicates. It bases its decisions on equity taking into account all circumstances relevant to the parties. Félix Vunduawe Te Pemako is the President of the Council.

8.7. Special Courts​

8.7.1. Commercial Courts​

A 2001 law establishes commercial courts in the Congo. Situated within a Tribunal de Grande Instance, a commercial court (tribunal de commerce) bench is composed of three persons: one permanent judge (appointed by the minister responsible for the administration of justice) and two businesspersons acting as lay judges, although the judge presides over the court. Commercial courts sit in judgment of cases involving bankruptcy, partnerships, unfair competition and commercial papers.

This is the website:

Overview of the Legal System of the Democratic Republic of the Congo (DRC) and Research

GlobaLex is an open-access electronic legal publication dedicated to international, comparative, and foreign law research.

www.nyulawglobal.org

View attachment 6153

Hey Cruiser

I really appreciate the response and the court structure info

Cheers for that

I'm not attesting to the validity or invalidity of any previous decisions or the court that they were presided under

I'm just saying the presentation posted in the announcement didn't provide any additional support or information as to the corporate or legal position than we already understood to be the truth

I'm just keen to get further definitive announcements and information from AVZ, the DRC Govt, Felix himself, the Court Docs and legal details of the terms of the AVZ 15% pre-emptive rights on the Cominiere holding etc etc

Tomorrow will shed some more light I'm sure and I look forward to that

Definitely hoping for solid news, clarity and good outcomes for AVZ holders, Felix Tshisekedi's Govt and the people of the DRC

Cheers!

 

[Costi]

Shit does that say suspend PE?

 

[Scoota30]

Starting to get very spicy....

 

[Freehold]

Shit does that say suspend PE?

.

 

[Costi]

Zijin seem to have done this many times before

 

[Winenut]

Great find Sammy, if this is legit this looks promising!

Ummm

I don't know about that being promising necessarily

That seems to be the Mining permit "Permit de Exploitation" for Dathcom being questioned

My French is merde so I don't know if that query is because of underhand Zijin dealings and dodgy officials or a bigger issue for Dathcom (Read AVZ) with regard to the ML

Anyone else more versed in French and the ins and outs of DRC mining bureaucracy are welcome to step in about now......

 

[investinvest]

The ACAJ is a NGO so I don't think they have much bearing on government decisions.

 

[BEISHA]

Zijin seem to have done this many times before

Far out, this Zijin entity really needs something like this.....

ooops, there is that female connotation again..........does anyone take offence ?

I hope not, Zijin has it coming.

 

[BEISHA]

Ummm

I don't know about that being promising necessarily

That seems to be the Mining permit "Permit de Exploitation" for Dathcom being questioned

My French is merde so I don't know if that query is because of underhand Zijin dealings and dodgy officials or a bigger issue for Dathcom (Read AVZ) with regard to the ML

Anyone else more versed in French and the ins and outs of DRC mining bureacracy are welcome to step in about now......

It looks like scrambled eggs, in fact, my head is scrambled eggs, I will leave it up to Nige to " spreche die English " tomorrow.

Good luck all for a positive result.

Going to watch Master chef.................lol

 

[Winenut]

It looks like scrambled eggs, in fact, my head is scrambled eggs, I will leave it up to Nige to " spreche die English " tomorrow.

Good luck all for a positive result.

Going to watch Master chef.................lol

Mate....if you need any decent food and booze to get through a show like the "AVZ, Dathcom, DRC, Zijin sinbin fiasco" I'm your goto investor

 

[CHB]

Looks like the heat is continually being cranked up.

If nige navigates through this and we get the mine up and going with no lasting controversies then he might actually deserve this year's perfomance rights for once

 

[Hemicuda]

You know fortunately i'm adhering to a pretty strict red wine regimen to keep my mind you know limber

 

[Winenut]

Translation of relevant bits of the attachments you put up Sammy according to Google Translate. (Was stamped as received on 5-6 May 2022)

".... Excellency Madame la Mestre At.. Time Antlab... The Congolese Association for Access to justice, ACAJ in acronym, learned with great astonishment that PE) partial was delivered to DATHCOM SA despite the challenge formulated by the COMINIERE SA, a Congolese State company, against the elements of the feasibility study of the Exploration Permit (PR) 13359 relating to the Manono lithium mines, scope by the company AVZ, and this according to its memorandum addressed to the Chief Director of Service des Mines, a copy of which has been reserved for you on April 06, 2022.


ACAJ deplores the fact that those responsible of the Directorate of Mines and those of the Mining Cadastre, who analyzed the said study, have not better defended the interests of the Congolese State (COMINIERE SA)! In view of the foregoing, the ACAJ strongly recommends (1) suspending the decision awarding the partial EP DATHCOM SA and (2) order a credible investigation into the circumstances that have ermine officials from the Directorate of Mines and those from the Mining Cadastre sacrifice the interests of the Congolese state by deliberately ignoring relevant grievances of COMINIERE SA the feasibility study (see annexes 1 to 4).

She sees finally recommends that you consult with the Minister of State, Minister of Portfolio as well as Madam Minister of State, Minister of Justice and Guardian of Sceaux, with a view to setting up a commission of independent experts to proceed with the revision of the contract of Joint-Venture DATHCOM SA in the interest of the Congolese state Please accept,

Excellency Madam Minister, the expression of our distinguished consideration. Mr Georges KAPLANBA National President Appendices initialed and numbered 1 to 4. ..."

Hi Freeo

Appreciate the translation of the article

Unfortunately it doesn't clarify what is specifically being questioned or why?

Is it the whole Dathcom PE in it's entirety in relation to AVZ and Cominiere?.... or just the issues around the possible dodgy sale by Cominiere of 15% to Zijin in direct contradiction to the pre-emptive rights AVZ purports to hold under the JV agreement?

Luckily I have employed Kalleske's wonderful "Clarry's" Barossa GSM red blend with dinner followed by a small shot of Absolut Vodka (made in Sweden ) to settle my nerves and dull my synapses before awaiting the announcements on the 'morrow

Cheers

 

[Frank]

Yeh that's right mate, how else can they state it? Like they are abiding by asic's law of disclosure etc

I dunno, a photo with Nigel and Felix would be worth 1000000000000 words. Maybe one more 0

​

Largest number of senior government officials​

Unmatched by any other Mining event in Africa, Mining Indaba continues to host the largest number of senior government officials from across Africa and beyond. Heads of States and Ministers come to address the industry and provide updates on new policies and their plans for the future.

See which Ministers and Head of States will be in attendance in 2022.

H.E. Jean-Michel Sama Lukonde Kyenge
Prime Minister
Democratic Republic of Congo

Hon. Antoinette N'Samba Kalambayi
National Minister of Mines
Democratic Republic of Congo

* So why No mention of the Coolest Cat in Africa / DRC

Mining Indaba - Presidents & Ministers

Investing in African Mining Indaba is the worlds largest mining investment conference, dedicated to the capitalisation and development of mining in Africa.

miningindaba.com

​

U.S. stock futures climb after three days of heavy selling ​

​

 

[Freehold]

So for future ref if someone puts up a picture in another language

In Windows
1. Right click on image in Browser and search web for the image.
2. Now Copy text displayed (in this case French) in to Google Translate to convert to English

 

[Frank]

​

Largest number of senior government officials​

Unmatched by any other Mining event in Africa, Mining Indaba continues to host the largest number of senior government officials from across Africa and beyond. Heads of States and Ministers come to address the industry and provide updates on new policies and their plans for the future.

See which Ministers and Head of States will be in attendance in 2022.

H.E. Jean-Michel Sama Lukonde Kyenge
Prime Minister
Democratic Republic of Congo

Hon. Antoinette N'Samba Kalambayi
National Minister of Mines
Democratic Republic of Congo

* So why No mention of the Coolest Cat in Africa / DRC


View attachment 6169

View attachment 6170​

Mining Indaba - Presidents & Ministers

Investing in African Mining Indaba is the worlds largest mining investment conference, dedicated to the capitalisation and development of mining in Africa.

miningindaba.com

​

U.S. stock futures climb after three days of heavy selling ​

View attachment 6176 ​

​

​

View attachment 6174 ​

​

So why No mention of the Coolest Cat in Africa / DRC

FYI, fwiw, Stop looking, I just found the Cat

Abidjan Climate Summit: Heads of State sign commitment to combat desertification and drought

Heads of State and Government gathered on 9 May in Abidjan, Côte d'Ivoire, at the United Nations World Conference on Land called on the international community to take urgent measures to "stem the loss of human life and livelihoods the world is experiencing due to the increasing and devastating effects of desertification, land degradation and drought”.

It was during the Summit of Heads of State convened ahead of the opening of the 15th session of the Conference of Parties (COP15) to the United Nations Convention to Combat Desertification (UNCCD).

According to the final communiqué, the Summit concluded with the adoption of the "Abidjan Call", which urges to give the highest priority to the issue of drought and reinforces the commitment to achieve neutrality on land degradation by 2030.

The leaders' call for action comes in response to a stark warning from the United Nations Convention to Combat Desertification (UNCCD) that up to 40% of all ice-free land is already degraded, with disastrous consequences for climate, biodiversity and livelihoods.

“Our Summit must be one of hope, of the collective mobilization of States and development partners, in favor of initiatives to restore the lands and forests of our countries.

We must use all the resources of our Conventions to meet the ever-increasing food needs and cope with the ever-increasing water stress of an ever-growing world population,” said Alassane Ouattara, President of Côte d'Ivoire.

 

[Frank]

Sama Lukonde in Cape Town to participate in the International Mining Indaba Forum 2022

The Prime Minister of the DRC, Jean-Michel Sama Lukonde has been staying since the evening of this Sunday, May 08, in Cape Town in South Africa to participate in the international forum Mining Indaba 2022.

Placed under the theme "Evolution of the African mining sector: investing in energy transition, ESG and savings", this 25th edition of the Indaba Mining forum since its creation, finds a managerial alternative so that the first beneficiaries of mining resources are first and always Africans.

According to the Congolese Minister of Communication and Media and government spokesman, Patrick Muyaya Katembwe, the participation of the DRC in these meetings is of great importance and is placed at the center of the issues.

“The Democratic Republic of Congo is used to participating in this major continental meeting which discusses mining issues. But you know that because of Covid-19 it has been two years and two months since this meeting took place. This recovery meeting comes with a theme that puts the Democratic Republic of Congo at the heart.

You have followed the speeches particularly of the Zambian President where there was much more talk about the role that the DRC can play not only in the energy transition but also in the production of batteries and everything related to the challenges of the 21st century”, said said Patrick Muyaya.

"For us as a Government, it was important and that is what justifies the participation of the Prime Minister himself, at a high level, to show that we want to take advantage of this platform to convey the message of the Democratic Republic of Congo as Solution country both in the preservation of the climate, but also as a solution country involved in the production of the main materials that go into the formation of electric batteries which are essential in the energy transition”, he said.

It should be noted that several Heads of State are taking part in this meeting as well as several mining sector operators, members of civil society including mining sector experts from all over the world, to discuss and boost investments in the said sector in order to promote the development of the African continent.

Food for thought on the Road to Mining Manono

GLTA-AVZH's

Frank

 

[Mouthpiecenomnom]

Exactly while this graph is somewhat reassuring, it proves nothing relating to the issue at hand.

The issue is vapour. Let. it. go. mate.

 

[Samus]

The issue is vapour. Let. it. go. mate.

I'd like to see some answers. Perhaps it is, we're all counting on it.
I'm not sure why you've singled me out again when the entire discussion has been based around this issue for the past week or so?

 

[Winenut]

They're questioning the awarding of ML to AVZ based on parts of the FS, what seems to be wanting more of a slice for the RDC.....extremely hypocritical considering theyre letting a Chinese state owned company mine in their country. We'll cut them a deal, they can fight it out with Zijin for the 15% , we've got mining to do

with the corruption we're seeing in Cominiere in favour of Zijin I cant help but think this is part of the attack, more bribes, they've proven so easy to bribe, but surely there's no way big man Felix is gonna let them make a fool of him after just selling AVZ's mine and battery hub pledge to the world. It appears Felix and Co know full well of this corrupt branch within Cominiere and have just chosen to overrule them with the ML, which coudl give us some insight about what they also think of some in Cominiere trying to illegally sell 15% to Zijin, lets see whats next

"They're questioning the awarding of ML to AVZ based on parts of the FS, what seems to be wanting more of a slice for the RDC....."

In full honesty I didn't see that in the snippet @ohreally

I know it's a technical point but AVZ hasn't been awarded the ML....Dathcom have (of which we understand at this point AVZ owns 75%)

I'm not sure what you mean by "based on parts of the FS, what seems to be wanting more of a slice of DRC" .

I'm not being cute here I genuinely don't know what you mean by that

Cheers
Nut