AVZ Discussion 2022

[LimitedEdition63]

What the fuck did I just read?

It would appear as though they have outlayed their case in a public forum. He r es hoping they have no case regarding the financial clause

 

[Samus]

So Dathomir/Cong is back to claim a chunk of South 13359 with Cominiere holding 70%, as long as Cominiere agree that Dathomir has no responsibility for the legal and arbitral actions, in case things don't go their way? And JC/Zijin still seeking to get a piece of the pie, whether its developing the whole tenement or getting outright control of the North?

Celestin is a prick, and their claim to hold the title to the tenement now needs obviously to be tested in the courts, but their game plan seems pretty clear. It'll be a fight.

Remember the 'deal' with Zijin (which was leaked) was basically a blackmail letter saying that we 'Zijin' will return the 15% if you give us 70% of the northern tenement in return for the monies already paid.
I'm sure @Carlos Danger has the letter tucked away somewhere?

Maybe it's a bad translation or I'm stupid but the entire article doesn't make a lot of sense. It's as if Comimiere SA have gone off rogue into their own little world digging themselves a deeper and deeper grave.
None of the evidence for anything they're claiming holds up as far as we know.
Under threat of ICSID brandishing such lies, it's madness on their part.
The government would be out of their collective mind not to distance themselves from it and back their own IGF.
Even if only because of the arbitration.

 

[wombat74]

If there yis a deal being done then I hope bod play hard to get.

IMO the ball is in our court and if we have to strand the asset then we do it. I think the chinese and DRC would lose much more than us (if we take our shareholder glasses off)

Stranding the asset means we all lose . It means Nigel and his team have achieved nothing . It means shareholders lose all their money . It means AVZ employees will get paid their fat salaries until the money runs dry . IMO

 

[CHB]

Stranding the asset means we all lose . It means Nigel and his team have achieved nothing . It means shareholders lose all their money . It means AVZ employees will get paid their fat salaries until the money runs dry . IMO

That's why I said if U take off the shareholder tinted glasses. I should probably say that for me stranding the asset means just riding it out in court which I don't think shareholders will lose money..will just take time.

DRC and China lose more

 

[pow4ade]

Hope you’re right Chilla. The bit where I see AVZ being exposed (if they are exposed at all), is around financing and correct reporting thereof. If AVZ have that in the bag then we’re home and hosed, if there’s some sort of gap then ….

For some time Comminere have attached some weight to a supposed breach by AVZ around finance reporting obligations.

Or could it be they do so in order to legitimately excuse their own obligations under the JV? Dunno, haven't seen the contract for ages to check.

Whatever, the ICC will determine whether it's a material breach or minor breach, if a breach occurred at all. And only a material breach can void a JV contract., as being claimed by Comminere.

They better be able to demonstrate how the breach is significant enough that the parties can no longer fulfil the purpose of the contract. Otherwise their claim will be thrown out of court.

Think we're on fairly safe ground IMO.

 

[cruiser51]

Remember the 'deal' with Zijin (which was leaked) was basically a blackmail letter saying that we 'Zijin' will return the 15% if you give us 70% of the northern tenement in return for the monies already paid.
I'm sure @Carlos Danger has the letter tucked away somewhere?

Maybe it's a bad translation or I'm stupid but the entire article doesn't make a lot of sense. It's as if Comimiere SA have gone off rogue into their own little world digging themselves a deeper and deeper grave.
None of the evidence for anything they're claiming holds up as far as we know.
Under threat of ICSID brandishing such lies, it's madness on their part.
The government would be out of their collective mind not to distance themselves from it and back their own IGF.
Even if only because of the arbitration.

Strange Celestin forgot to mention his million dollar damages claim against AVZ

However history repeats, first a hit article from Tommy the tit, followed by a hit piece from camp Zijin/Cominiere.

I wonder why camp Zijin/Cominiere keeps on asking for delays, because they have a hernia with the IGF report.

Will CKK share a room with his former boss, or get his own penthouse?

 

[Chilla]

The article before this Kibeya offered to front up to the ICSID hearing - imagine

"Need we remind you that this ICSID arbitration has its origins in the partnership between AVZ INTERNATIONAL and COMINIERE SA. The latter has the best knowledge and sufficient factual evidence of a number of breaches of contract, abuse of majority shareholders, stock speculation and fraud on the part of AVZ INTERNATIONAL. According to the management of COMMINIERE SA, ''AVZ INTERNATIONAL is responsible for the stagnation for seven years of the Manono Lithium project, which caused the country to miss a period of soaring lithium prices''.

Arbitrage CIRDI à New-York sur le projet Lithium de Manono : La COMMINIERE se met à la disposition de l’équipe des conseils comme renfort pour la RDC - GEOPOLIS MAGAZINE

Dans une correspondance adressée, le 07 juillet 2023, à Madame le Ministre d’Etat, Ministre de la Justice et Garde des Sceaux, avec ampliation aux Autorités compétentes dont Monsieur le Président de la République, Chef de l’Etat, Monsieur le Premier Ministre, Chef du Gouvernement, à Madame le...

geopolismagazine.net

CKK offering to front up to the ICSID says to me that Cominiere has been cut out of the loop and is not part of negotiations currently going on between DRC and AVZ.

CKK on the outer…..must be worrying those who he is compromised with!

 

[Doc]

So, does this mean this week we will see:

A) An official reply from AVZ?
B) AVZ going back to ICC to claim for damages for breaching the previous ruling?

Can’t wait for the movie

 

[Xerof]

So, does this mean this week we will see:

A) An official reply from AVZ?
B) AVZ going back to ICC to claim for damages for breaching the previous ruling?

Can’t wait for the movie

IMO, we have already seen the AVZ Announcement relating to the issues laid out in Cominieres fairytale
Note, CKK is careful to say his 'desired' actions are blocked by current ICC and ISCID proceedings (my interpretation)



Confirmation of Registration of the Request for ICSID Arbitration Proceedings against the Democratic Republic of Congo


AVZ International Pty Ltd (AVZI), Green Lithium Holdings Pte Ltd (GLH) (which are both wholly-owned subsidiaries of AVZ Minerals Limited (ASX : AVZ, OTCQX : AZZVF) (Company) and have legal title to AVZ’s 75% interest in Dathcom) along with Dathcom Mining SA (Dathcom) (together, the Claimants) have jointly lodged a request (Arbitration Request) to commence international arbitration proceedings against the Democratic Republic of Congo (DRC) pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) in the International Centre for Settlement of Investment Disputes (ICSID) located in Washington, D.C. in the United States of America, with registration of the Arbitration Request confirmed today.


The main purpose of the ICSID Arbitration Request is to seek various remedies for the failure of the DRC and its administrative departments, to comply with obligations under the DRC Mining Code, in particular in the implementation of the various measures that should have led to the issuance of an Operating Permit to Dathcom resulting from the Research Permit "PR 13359", for the development of the Manono Project.

The Claimants submit that the direct consequence of this failure, which is not an isolated act, is the blocking of the development of the Manono Project. As a result, the impact on Dathcom's principal asset and more generally, on the Claimants’ and the Company’s investment, is severe.

The Company considers the conduct of the DRC to be unlawful and the Company, together with the Claimants, will take all actions necessary to protect the interests of its stakeholders.


This announcement was authorised for release by the Board of Directors of AVZ Minerals Limited.
For further information, visit www.avzminerals.com.au or contact:
ASX ANNOUNCEMENT
9 June 2023

 

[Samus]

CKK offering to front up to the ICSID says to me that Cominiere has been cut out of the loop and is not part of negotiations currently going on between DRC and AVZ.

CKK on the outer…..must be worrying those who he is compromised with!

Yes that's the strangest part since the release of the first article. If it's valid then why the need to try to muscle themselves in to the ICSID hearing?

Silence from the DRC government, silence from the BOD.

Though unsurprisingly JFMK seems to agree with CKK if the CAMI portal is anything to go by.

Franck still reckons it's bullshit:

What do you think?
@FranckFwamba @KiengeKki

The state uses reports @IgfRdc on mining companies to act effectively. It goes for Cominiere and it will be done whatever people say and claim. God is in control and things on the calculation are added day by day. The law, the truth will triumph.

 

[SilentOne]

The interesting thing about Special "K" is that he has sold the same car to multiple people. Now everyone is wanting delivery.

The only option that the DRC has to escape this litigious quagmire that Special "K" has created and to protect his Ministers is to prosecute him for fraud.

This would also snuff out Sin Bins questionable arrangements and enable the mining license to be issued. Not a good look for Felix to be drawn into both the ICC & ICSID fights especially when his platform is to clean up corruption.

The IGF would have been instituted with the intent of the DRC working towards being taken off the Grey List (US Treasury). Ignore the IGF at your peril.

DRC Officials and Ministers do not want to be sanctioned Internationally as they would run the risk of losing access to assets that they have outside the country.

To make things go away there are two major things that need to happen;

1) Prosecute Special "K"
2) Issue the Mining Licence

But hey we will wait and see what happens.

Oh and don't forget just because the mining license hasn't been issued doesn't mean the value of the mine has been extinguished.

SilentOne - just a thought bubble

 

[MoneyBags1348]

Remember the 'deal' with Zijin (which was leaked) was basically a blackmail letter saying that we 'Zijin' will return the 15% if you give us 70% of the northern tenement in return for the monies already paid.
I'm sure @Carlos Danger has the letter tucked away somewhere?

Maybe it's a bad translation or I'm stupid but the entire article doesn't make a lot of sense. It's as if Comimiere SA have gone off rogue into their own little world digging themselves a deeper and deeper grave.
None of the evidence for anything they're claiming holds up as far as we know.
Under threat of ICSID brandishing such lies, it's madness on their part.
The government would be out of their collective mind not to distance themselves from it and back their own IGF.
Even if only because of the arbitration.

Sam @Chilla @Mr Inappropriate and whoever else wants to read it

This is the link with all the information related to Celestin Kibeya Kabemba (CKK) and his lies
2 pages of info

Celestin Kibeya Kabemba

Sale of the mining assets of Cominière SA: Technical director Célestin Kibeya accused of complicity and usurpation of competence Congolese civil society organizations and platforms specializing in mining issues (Justicia Asbl, LICOCO, RND Asbl, POM, MDR, GANVE, CDH, ESPOIR ONG, RCEN...

thestockexchange.com.au

 

[Samus]

Sam @Chilla @Mr Inappropriate and whoever else wants to read it

This is the link with all the information related to Celestin Kibeya Kabemba (CKK) and his lies
2 pages of info

Celestin Kibeya Kabemba

Sale of the mining assets of Cominière SA: Technical director Célestin Kibeya accused of complicity and usurpation of competence Congolese civil society organizations and platforms specializing in mining issues (Justicia Asbl, LICOCO, RND Asbl, POM, MDR, GANVE, CDH, ESPOIR ONG, RCEN...

thestockexchange.com.au

Cheers MB, it probably hasn't been said enough that ist a brilliant archive you've created there! It's been handy for reference in many occasions with all the convoluted bullshit floating around.

 

[Carlos Danger]

Remember the 'deal' with Zijin (which was leaked) was basically a blackmail letter saying that we 'Zijin' will return the 15% if you give us 70% of the northern tenement in return for the monies already paid.
I'm sure @Carlos Danger has the letter tucked away somewhere?

Maybe it's a bad translation or I'm stupid but the entire article doesn't make a lot of sense. It's as if Comimiere SA have gone off rogue into their own little world digging themselves a deeper and deeper grave.
None of the evidence for anything they're claiming holds up as far as we know.
Under threat of ICSID brandishing such lies, it's madness on their part.
The government would be out of their collective mind not to distance themselves from it and back their own IGF.
Even if only because of the arbitration.

Sam @Chilla @Mr Inappropriate and whoever else wants to read it

This is the link with all the information related to Celestin Kibeya Kabemba (CKK) and his lies
2 pages of info

Celestin Kibeya Kabemba

Sale of the mining assets of Cominière SA: Technical director Célestin Kibeya accused of complicity and usurpation of competence Congolese civil society organizations and platforms specializing in mining issues (Justicia Asbl, LICOCO, RND Asbl, POM, MDR, GANVE, CDH, ESPOIR ONG, RCEN...

thestockexchange.com.au

I don't have a copy of the Zijin offer to Cominiere. I might have at one time but possibly deleted it. @JAG posted the below translation in April that is in the thread created by @MoneyBags1348 but some of the lines are hard to read and it seems to be missing 3 pages. If anyone has a full original or translation please post it.

 

[Mr Inappropriate]

I don't have a copy of the Zijin offer to Cominiere. I might have at one time but possibly deleted it. @JAG posted the below translation in April that is in the thread created by @MoneyBags1348 but some of the lines are hard to read and it seems to be missing 3 pages. If anyone has a full original or translation please post it.

View attachment 40076
View attachment 40077

Is this the post you’re looking for?

Celestin Kibeya Kabemba

10/04/2023 JAG Posted

thestockexchange.com.au

 

[Carlos Danger]

Is this the post you’re looking for?

Celestin Kibeya Kabemba

10/04/2023 JAG Posted

thestockexchange.com.au

Yeah that's the full letter in text. Thought we had the full original documents but that's good enough if not.

 

[Carlos Danger]

the new ad interim CEO sent a formal notice to AVZ L on December 6, 2022. Thus by his letter CEM DG/139/ckk/2022 the CEO asked the shareholder AVZ international to provide proof of fundraising as well as the allocation of these funds to the common project. The DG ai based his argument on the opacity noted in these fundraising operations, which constitutes a breach of the JV contract. Thus, in accordance with Article 18.3 of the JV contract, he gave AVZ formal notice to communicate to him all documents relating to the financing file of the DATHCOM MINING SA project with the details of the financial institution which granted the financing, the amount released, as well as the reimbursement guarantees given Failing AVZ to produce the said documents within 90 days of receipt of its correspondence, COMINIERE SA should draw all the consequences

Article 18.3 of the Dathcom JV and Article 11 that it refers to are below

CKK is an absolute fucking moron citing 18.3 and then seeking to terminate the JV within the DRC as it clearly states that arbitration through the ICC is how disputes are to be settled

 

[TheCount]

What has 4 letters
Sometimes has 9 letters
Never has 5 letters.
TC.

 

[Doc]

What has 4 letters
Sometimes has 9 letters
Never has 5 letters.
TC.

Yes

 

[KLCC]

What has 4 letters
Sometimes has 9 letters
Never has 5 letters.
TC.

I concur