AVZ Discussion 2022

[obe wan]

Chinese play book . Off to the ICC and stall . CKK is doing what he is told to do . Yes it is unlawful . See you at the ICC in 14 months time . In the mean time the ML cannot be awarded without intervention by the MoM of the President . We are about to find out who side they are on . Nigel needs to ask the hard question . If they wont meet with him them put it on the front page of the national Media . Otherwise Nigel and crew are perhaps going to stay on the f--king merry go round and perhaps collect wages until the lights go out . At some point SH need to push . Ask MoM and Felix what their intentions are ? Simple question . They are Politicians FFS . If they can't give us a straight answer with all the evidence they have then it's time for AVZ take action . What progress has Nigel made with the current approach over the past 12 months ? I know he got paid almost $500k .

ICC to cominiere was commenced by AVZ , not by Cominiere , so AVZ can ditch that ICC case as quickly as they opened it .

Dathcom Legals have the JVA and can easily show why it’s unlawful ; you seem to have programmed yourself to think that this ICC cominiere stuff has paused ML progress and that cominiere have a waxed stamp on it ; all above board and AVZ are in no man’s land.

It’s pretty clear from the ann that cominiere haven’t followed the terms of the JVA at all ; why does the mining licence need to be paused because of this rubbish ? Let’s say there is a ‘disagreement’ well until Dathcom is deregistered , the application is still under dathcom and processed in that manner ; if proved down the line at icc that cominiere have that right , then cancel it ; until then , it’s still runs..

 

[Carlos Danger]

Is there an English version of the Dathcom JV agreement floating around?

Surly the AVZ lawyers would have seen this huge red flag and negotiated better terms? To agree to this would be insane. Does anyone have a copy of the JVA?

The JV is available on the Cominière website in 4 files.

La Cominière SA

cominiere.cd

Note 8, it is in French.

Sorry no English that I can find. Here's a link to the French original in one file. There have been some amendments since this initial agreement but I can't find any of them.

Democratic Republic of the Congo - Congolaise d'Exploitation Minière Commère, Darthcom Mining SAS, AVZ Minerals Limited, Dathamir Mining Resources SARL, AVZ International Pty Limited, PR 12436, PR 12449, PR 12450, PR 12454, PR 13359, JVA, 2017

An online repository of publicly available contracts for large-scale land, agriculture, and forestry projects. The repository includes the full text of contracts; plain language summaries of each contract’s key social, environmental, human rights, fiscal, and operational terms; and tools for...

www.mines-rdc.cd

 

[Nbaz]

ICC to cominiere was commenced by AVZ , not by Cominiere , so AVZ can ditch that ICC case as quickly as they opened it .

Dathcom Legals have the JVA and can easily show why it’s unlawful ; you seem to have programmed yourself to think that this ICC cominiere stuff has paused ML progress and that cominiere have a waxed stamp on it ; all above board and AVZ are in no man’s land.

It’s pretty clear from the ann that cominiere haven’t followed the terms of the JVA at all ; why does the mining licence need to be paused because of this rubbish ? Let’s say there is a ‘disagreement’ well until Dathcom is deregistered , the application is still under dathcom and processed in that manner ; if proved down the line at icc that cominiere have that right , then cancel it ; until then , it’s still runs..

So they are not cancelling Dathcoms ownership of the rights to manono, they are wanting to cancel their agreement to potentially sell their 15% to AVZ and cede their remaining 10%?

 

[marksmann007]

Purported used a couple of times in the AVZ announcement-

”including declarations to confirm Cominière’s purported termination of the Dathcom JVA and its purported transfer of part of its interest in Dathcom in breach of the Dathcom JVA are each null and void.”

What does purported mean in legal terms?
to present, especially deliberately, the appearance of being; profess or claim, often falsely: a document purporting to be official. to convey to the mind as the meaning or thing intended; express or imply.

Sounds like AVZ sending a message to CKK after talking a big game & threats of taking us out of the project in that bullshit staged shitshow over the phone interview last week if you attempt that move, we‘ll pull the ICC lever on the blatantly illegal move.

 

[Carlos Danger]

Sorry no English that I can find. Here's a link to the French original in one file. There have been some amendments since this initial agreement but I can't find any of them.

Democratic Republic of the Congo - Congolaise d'Exploitation Minière Commère, Darthcom Mining SAS, AVZ Minerals Limited, Dathamir Mining Resources SARL, AVZ International Pty Limited, PR 12436, PR 12449, PR 12450, PR 12454, PR 13359, JVA, 2017

An online repository of publicly available contracts for large-scale land, agriculture, and forestry projects. The repository includes the full text of contracts; plain language summaries of each contract’s key social, environmental, human rights, fiscal, and operational terms; and tools for...

www.mines-rdc.cd

Can't wait to hear what crack head reasoning Cominiere have for attempting to terminate the Dathcom JVA

 

[obe wan]

So they are not cancelling Dathcoms ownership of the rights to manono, they are wanting to cancel their agreement to potentially sell their 15% to AVZ and cede their remaining 10%?

Cominiere have obviously said that they want to cancel the JVA....( says it below in the snip ) but just like how they’ve gone about ROFR...they don't comply with the terms of the JVA...they would have needed to have gone to ICC and got it nutted out there that they were all above board and able to terminate...they haven't don't this, they’ve just said that's what they’re doing...what they mouth off and what they can do are two separate things.

Parties can't just wake up one morning and say ‘ye nah we’re done, let's go home’ ; there's legal works drawn up in JVs (JVA) which need to be followed. You really think CCK discovered a series of loopholes ; the guy is one of the biggest idiots out there...what most likely happened is that he fired a bullet into the ceiling when his negotiating terms he had tabled weren't going anywhere, told AVZ that he was cancelling the agreement..expected / hoped for a different reaction and AVZ responded with a ‘we’ve had enough of your bullshit and trying to reason, deal with it in icc which will include this and a number of other issues...there will be Nada in the JVA that cominiere could pull the plug on AVZ for as AVZ have been above board...pretty sure the legal could walk anyone through the JVA and show them that Cominiere are clowning around, don't have a leg to stand on and delaying

 

[Carlos Danger]

Purported used a couple of times in the AVZ announcement-

”including declarations to confirm Cominière’s purported termination of the Dathcom JVA and its purported transfer of part of its interest in Dathcom in breach of the Dathcom JVA are each null and void.”

What does purported mean in legal terms?
to present, especially deliberately, the appearance of being; profess or claim, often falsely: a document purporting to be official. to convey to the mind as the meaning or thing intended; express or imply.

Sounds like AVZ sending a message to CKK after talking a big game & threats of taking us out of the project in that bullshit staged shitshow over the phone interview last week if you attempt that move, we‘ll pull the ICC lever on the blatantly illegal move.

The only other time I can think of that management have used the word purported so often is in relation to the purported sale of 15% of Dathcom from Cominiere to Zijin.

Makes me think that something concrete may have actually happened eg a dodgy court ruling. @9cardomaha is this the sort of thing that you uncovered?

 

[Samus]

Cominière the bunch of fucking stupid monkeys that dance around and make noises for their Chinese masters. What a bunch of dumb criminal cunts and the fucking government just let's them fuck around and bullshit everyone while they embezze, steal and stuff their pockets any way they can. Half the government joins in of course.

Dumbass Republic of Congo.

 

[obe wan]

Can't wait to hear what crack head reasoning Cominiere have for attempting to terminate the Dathcom JVA
View attachment 34459
View attachment 34460
View attachment 34461

Thanks @Carlos Danger for the translations - see below, CCK jumping up and telling AVZ / dathcom it's their way or the highway...Cominerie can't just shoot their mouths off and ignore the JVA..it says it right below on the tin

 

[Rediah]

Take it however you want this post form the Boss

View attachment 34386

One thing is for certain,

These paid actors are as clueless as I am when it comes to AVZ, that attention seeker must be using that ouija board shared earlier.

Enough from DeClown

 

[Winenut]

Cominiere have obviously said that they want to cancel the JVA....( says it below in the snip ) but just like how they’ve gone about ROFR...they don't comply with the terms of the JVA...they would have needed to have gone to ICC and got it nutted out there that they were all above board and able to terminate...they haven't don't this, they’ve just said that's what they’re doing...what they mouth off and what they can do are two separate things.

Parties can just wake up one morning and sat ye nah we’re done, let's go home ; there's legal far, works drawn up in JVs (JVA) which need to be followed. You really think CCK discovered a series of loopholes ; the guy is one of the biggest idiots out there...what most likely happened is that he fired a bullet into the ceiling when his negotiating terms he had tabled weren't going anywhere, told AVZ that he was cancelling the agreement..expected / hoped for a different reaction and AVZ responded with a ‘we’ve had enough of your bullshit and trying to reason, deal with it in icc which will include this and a number of other issues...there will be Nada in the JVA that cominiere could pull the plug on AVZ for as AVZ have been above board...pretty sure the legal could walk anyone through the JVA and show them that Cominiere are clowning around, don't have a leg to stand on and delaying

View attachment 34458

Only problem is all this shit is going down in the DRC

Not fucking somewhere with some semblance of respect for law

 

[Onthefm]

Only problem is all his shit is going down in the DRC

Not fucking somewhere with some semblance of respect for law

That's what I'm worried about what if the drc just says fuck the icc. It's not as if they have 10 bil just laying around.

 

[Carlos Danger]

Can't wait to hear what crack head reasoning Cominiere have for attempting to terminate the Dathcom JVA
View attachment 34459
View attachment 34460
View attachment 34461

The only other time I can think of that management have used the word purported so often is in relation to the purported sale of 15% of Dathcom from Cominiere to Zijin.

Makes me think that something concrete may have actually happened eg a dodgy court ruling. @9cardomaha is this the sort of thing that you uncovered?

The time limit that Cominiere gave AVZ for handing over all financial records was 90 days. That is most likely what they are justifying their termination of the Dathcom JVA on.

So it's probably as simple as Cominiere have given that deadline under 18.3 (a) that I assume we didn't meet. Then no settlement has happened under 11.1 (a) so Cominiere have given AVZ notice of termination. Obviously AVZ don't agree so we have filed for the ICC under 11.1 (b).

Or in poker terms Cominiere raised and Nigel went all in over the top

 

[Hudnut]

I have also thought the DRC wants Cominiere to have a greater percentage of this project and this is one suspect way to try and get it

Another way would be to retain the 15% and not sell it illegally.

 

[Winenut]

The time limit that Cominiere gave AVZ for handing over all financial records was 90 days. That is most likely what they are justifying their termination of the Dathcom JVA on.

So it's probably as simple as Cominiere have given that deadline under 18.3 (a) that I assume we didn't meet. Then no settlement has happened under 11.1 (a) so Cominiere have given AVZ notice of termination. Obviously AVZ don't agree so we have filed for the ICC under 11.1 (b).

Or in poker terms Cominiere raised and Nigel went all in over the top

If they didn't respond in the correct timeframe AVZ management are absolutely fucking insane, incompetent or fucking derelict drunks

 

[Winenut]

Another way would be to retain the 15% and not sell it illegally.

fucking amen and 100% correct to that ....

 

[ozmacca]

Any guesses what headline Tommy the Turd will use for his next article in about 4 hours time . Let me guess :' DRC Terminates AVZ Joint Venture Agreement '.

Evidently this. Minor mention of AVZ at the end. Scarily similar situation Sundance seem to find themselves in though

Link: https://www.afr.com/markets/equity-...-resources-cranks-legal-fight-20230417-p5d13l

 

[Mr Inappropriate]

The time limit that Cominiere gave AVZ for handing over all financial records was 90 days. That is most likely what they are justifying their termination of the Dathcom JVA on.

So it's probably as simple as Cominiere have given that deadline under 18.3 (a) that I assume we didn't meet. Then no settlement has happened under 11.1 (a) so Cominiere have given AVZ notice of termination. Obviously AVZ don't agree so we have filed for the ICC under 11.1 (b).

Or in poker terms Cominiere raised and Nigel went all in over the top

Memory is getting hazy here - what records did Cominiere ask/demand of us? Does that request exist in some official document (that is out in the open)?

 

[Carlos Danger]

Memory is getting hazy here - what records did Cominiere ask/demand of us? Does that exist in some official document that is in the open?

The document is CEM/DG/139/ckk/22. I don't have a copy of it and I don't remember seeing it. But this tweet from ACAJ explains what's in it.

 

[solo]

If someone here is familiar with Wikipedia article ediitng and have some spare time I would suggest to go to this page and check the shit that one dickhead from AFR left on that page. The last paragraph was editied by Tom richardson and is full of his citations and links to his articles. I reckon this article will sound and look better with information from AVZ announcenemnts rather from this idiot..