Does the judgment of the Ministry of Mines block the start of lithium mining, condemning the development of Manono?
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“The Ministerial Decree granting PE13359 is revoked and cannot produce any effect. »
NEWSECONOMY
Does the judgment of the Ministry of Mines block the start of lithium mining, condemning the development of Manono?
February 7, 2023
Kiki Kienge
By
Kiki Kienge
Should we expect a new legal saga in the teleNovelas on Manono's lithium? Who would benefit from this, COMINIERE, the Australians of AVZ Minerals, the “Mauritians” of MMCS or the Chinese of ZIJIN?
What is certain is the population of Manono and Tanganyika in particular, in general all the Congolese people who still have to take their troubles patiently to see the effective exploitation of their lithium which should further boost the economy of this country of Lumumba.
With this ministerial decree granted by the Minister of Mines of the DR Congo, the courts and tribunals risk being the next field of exploitation of Congolese lithium.
The Ministerial judgment n° 00031 case mines /01/2025 OF JAN 28, 2023, in fact would block the first Ministerial judgment n° 00145/CAB.MIN/MINES/01/2022 of April 22, 2022 granting the permit to exploitation 13359 to the company DATHCOM MINING SA.
This is following an appeal from COMINIERE (La Congolaise d'Exploitation Minière) of December 07, 2022 (letter reference: CEM/DG/138/ckk/2022), which is in particular a shareholder in the joint venture DATHCOM MINING SA owning 25% of the shares, including 15% and 5% illegally sold (according to the IGF), respectively to the Chinese group ZIJIN is owned by the Mauritius company MMCS, with the world giant of lithium, the Australian company AVZ Minerals which it owns 75% of the shares of DATHCOM MINING SA.
La COMINIERE in the letter of its appeal declares to be wronged by its Australian partner AVZ Minerals, accusing it of lack of harmony and cooperation, of overcharging and of putting forward incorrect figures. In particular to want to illegally regain possession of the hydroelectric power station of Mpiana Mwanga which is a property of COMINIERE… Moreover, COMINIERE considers null the sale of 60% of the shares of DATHOMIR to AVZ Minerals for non-communication of information between shareholders according to the joint venture contract.
Given the millions of American dollars already spent on the Manono project by AVZ Minerals, which speaks of more or less 100 million American dollars, this decision by the Minister of Mines, Antoinette N'samba Kalambayi only opens a legal series which will only further delay the exploitation of lithium in Tanganyika, whose population of Manono is waiting impatiently for its development.
In its latest report, the global lithium giant, AVZ Minerals on its part declares and confirms :
- AVZ has confirmed and continued to defend its legal rights to a 75% stake in Dathcom Mining SA (“Dathcom Mining”).
- Its pre-emption rights over 15% of Cominière's 25% interest in the Manono project.
- AVZ highlights the report of the General Inspectorate of Finance of the DRC (IGF) on the mismanagement of mining assets in the DRC by Congolaise d'Exploitation Minière ("Cominiere").
In detail, here is the Ministerial Order of January 28, 2023 of the Minister, Antoinette N'samba Kalambayi:
MINISTERIAL ORDER
n° 00031 case mines /01/2025 OF
28 JAN 2023 REPORTING MIN RIEL ORDER N° 00145/CAB.MIN/MINES/01/2022 GRANTING OPERATING PERMIT N° 13359 TO DATHCOM MINING SA
THE MINISTER ,
Having regard to the Constitution, as amended by Law No. 11/002 of January 20, 2011 revising
certain articles of the Constitution of the Democratic Republic of Congo of February 18, 2006, especially in its articles 93, 202 point 36 littera f and 203 point 16;
Having regard to Law No. 007/2002 of July 11, 2002 on the Mining Code, as amended and supplemented by Law No. 18/001 of March 9, 2018, especially in its articles 10;
Given Ordinance No. 22/002 of January 07, 2022 on the organization and functioning of the
Government, methods of collaboration between the President of the Republic and the Government as well as between the members of the Government;
Having regard to Ordinance No. 22/003 of January 7, 2022 setting the powers of the Ministries, especially in its article 1° B, point 35;
Having regard to Ordinance No. 21/012 of April 12, 2021 appointing Deputy Prime Ministers,
Ministers of State, Ministers, Deputy Ministers and Deputy Ministers;
Considering Decree No. 038/2003 of March 26, 2003 on Mining Regulations, as amended and supplemented by Decree No. 18/024 of June 08, 2018;
Reviewed Ministerial
Order No. 00145/CAB.MIN/MINES/01/2022 of April 22, 2022 granting operating permit 13359 to DATHCOM MINING SA; Considering the appeal of the Congolese mining company (COMINIERE), shareholder in
DATHCOM MINING SA, formed by its referenced letter CEM/DG/138/ckk/2022 of December 07, 2022; Considering that harmony and healthy cooperation between the shareholders of DATHCOM MINING SA constitute prerequisites for any mining operation by this company, with a view to saving the Manono Lithium project; Considering that the situation of misunderstandings, persistent conflicts, recurring disagreements between shareholders and taking the project hostage, exacerbated by the signing of Ministerial Order
No. 00145/CAB.MIN/MINES/01/2022 of April 25, 2022, is likely to paralyze the operation of Lithium and to prevent the State from channeling the products resulting from the 13359 operating permit;
Considering the necessity and the urgency,
ORDERS:
Article 1:
Ministerial Decree n° 00145/CAB.MIN/MINES/01/2021 of April 25, 2022 granting the Exploitation License n° 13359 to the company DATHCOM MINING SA is reported and cannot produce any effect.
Article 2:
The Secretary General for Mines and the Director General of the Mining Cadastre are responsible, each as far as he is concerned, for the execution of this Order which comes into force on the date of its signature.
Done in Kinshasa, 4 JAN 2023
Antoinette N'SAMBA KALAMBAYTI
