IMHO
This is hypothetical (fanciful) only as I don’t know anything nor pretend to.
I have been thinking about what the end game is here, and what is the incentive for all participants to make it happen. As speculated, the latest ICSID potentially may do irrevocable damage to the relationship between AVZ and the DRC Govt, so a takeover is a more likely option. Contrary to popular troll theory, I don’t think the Govt will rip the current entitlement away from AVZ and give it to Zijin – the pursuing ramifications for DRC reputation and future investment from anywhere would be destroyed.
The current ICC ownership disputes of Dathcom also need to be resolved before the takeover can occur….or do they?
Currently:-
AVZ 60%
AVZ / Dathomir dispute ICC 15%
Cominere 5%
Cominere / Zijin ROFR dispute ICC 15%
Cominere / MMCS dispute ICC 5%
Personally, I don’t think any takeover can or will occur until clarification on the last two Cominere disputes (Zijin and MMCS). Both of these potentially can be resolved shortly. It is, imo, ‘likely’ to go the way that Cominere retains this 20%. Note the ROFR is still with AVZ but the holding remains with Cominere until triggered, bringing their total to 25%.
Regardless as to any thoughts on sinister high level Govt corruption claims, as a Govt agency, Cominere has won no friends. Their corruption has not been hidden and their incompetence is laid bare for all to see. The DRC Govt would view them as an embarrassment, and win, lose, or draw could not possibly be tolerated in this project. No incoming takeover would allow them to be a partner in this project.
So, the dissolution of Cominere would allow the DRC Govt to retain the 10% (ceded as per the mining code). The remaining 15% is then sold on a takeover and then becomes an injection of funds for the DRC Govt. So, therefore the DRC Govt and AVZ have a vested interest in the takeover. The higher the takeover price, the higher the proceeds the DRC Govt receives. This scenario also allows the DRC Govt to save face against the alleged high level corruption claims and protect its reputation as the process will be ethically transparent. The incoming funds to the DRC Govt could be used for immediate relief for expenditure as they see fit but hopefully a boost to poverty-stricken areas like Manono. If the latest Zijin ICC ‘damages’ claim is the starting point for bidding, then this will make a significant difference.
Obviously, the incoming company would be purchasing 90% of the project and the guarantee of the ML would be part of the takeover.
So what about the 15% dispute with Dathomir? Well, the ICC case is already logged. This 15% on takeover goes to AVZ, based on their legally justified position, with the threat of the ICC overturning this and the amounts relayed to Dathomir. Based on the information I have seen about the sale, I consider this threat a low risk.
Win/win/ save face/ immediate relief for the people of Manono/ CKK jail/ fuck Zijin