AVZ Discussion 2022

[Juba1845]

Kiki’s articles are normally pretty clear but this one is all over the shop. However, what stands out for me is that:

1. Celestin and co remain in the service of their chinese masters.
2. They know the clock is ticking on the CCI case and will do whatever it takes to conclude this in favour of said chinese mates before the case even starts. As we’ve seen in the case of the corruptly constructed sale of 15% to #FuckZijin, they have no hesitation signing a contract with impossibly high exit costs for the DRC should the contract not proceed. It’s Celestin’s Ace in the Hole,

Also, it looks like Celestin doesn’t give a shit about the 50k per day fine for acting against the explicit instruction of the court order that prevents changes to the ownership structure of Dathcom. He’s in so deep that continuing to dig is his only way forward.

I have no idea how and when this shit-show ever ends.

Looking like a settlement.

 

[j.l]

Kiki’s articles are normally pretty clear but this one is all over the shop. However, what stands out for me is that:

1. Celestin and co remain in the service of their chinese masters.
2. They know the clock is ticking on the CCI case and will do whatever it takes to conclude this in favour of said chinese mates before the case even starts. As we’ve seen in the case of the corruptly constructed sale of 15% to #FuckZijin, they have no hesitation signing a contract with impossibly high exit costs for the DRC should the contract not proceed. It’s Celestin’s Ace in the Hole,

Also, it looks like Celestin doesn’t give a shit about the 50k per day fine for acting against the explicit instruction of the court order to make no changes to the ownership structure of Dathcom. He’s in so deep that continuing to dig is his only way forward.

I have no idea how and when this shit-show ever ends.

Agreed, not your typical Kiki article.

A couple of other observations:

- "It's worth noting that these statements were made at least a month before Céléstin Kibeya's appointment as General Manager by the head of state, Félix Tshisekedi".
Franck Fwamba also said something similar in one of his recent tweets, almost implying that CK's statements were made at his superiors' behest, but that doesn't really gel with the tone of the rest of the article.

- the article seems to refer to social media posts made by AVZ shareholders (but I can't understand that part of the translation)

 

[Doc]

This hasn't helped clarify anything for me:



ChatGPT translation:

According to the media outlet Géopolis, Célestin Kibeya Kabemba, General Manager of COMINIERE, allegedly certified the following in a letter:

"She (COMINIERE) found itself in a favorable position in the Manono lithium mega project, from which it had already been excluded by the majority shareholder (AVZ MINERALS) due to multiple abuses. Today, COMINIERE SA is once again the holder of PR 13359, which has allowed it to negotiate favorably with the other two shareholders. In fact, COMINIERE, which previously held 10% of shares in DATHCOM MINING, now holds 85%, with the possibility of restructuring the joint venture to move on to the production phase with a reliable partner. 'COMINIERE SA, which had been operating under an imbalanced contract in DATHCOM MINING SA, has managed to terminate that contract and now has the opportunity to negotiate a win-win contract.'"

It's worth noting that these statements were made at least a month before Céléstin Kibeya's appointment as General Manager by the head of state, Félix Tshisekedi.

It was no longer a secret to anyone informed and interested in the Manono lithium project that negotiations were underway after the cancellation of exploitation permit 13359 by DATHCOM, led by the Minister of Mines, Adèle Kayinda. These negotiations involved COMINIERE, representatives of the Kinshasa government, and AVZ MINERALS, aiming to find a compromise between the conflicting parties within DATHCOM MINING.

However, an official veto was imposed by the government representatives, particularly on AVZ MINERALS, to prevent the disclosure of information and the existence of these negotiations. This was due to concerns that aggressive AVZ shareholders on social media might use the information to criticize Congolese authorities.

Recall the accusations of insults directed at the head of state and the Democratic Republic of Congo by COMINIERE executives and certain media outlets not favorable to the Australian position, against Twitter profiles defending their shareholder positions in AVZ MINERALS, which were negatively affected by the downturn in the Manono lithium project.

Last January, due to alleged opacity on COMINIERE's part, it sent a formal notice to AVZ INTERNATIONAL, requesting evidence of foreign fundraising, project assignments within DATHCOM, and notably repayment guarantees.

Célestin Kibeya's accusations against AVZ MINING were based on the violation of Article 18.3 of the DATHCOM joint venture contract.

According to COMINIERE, since AVZ INTERNATIONAL didn't provide the requested data within 90 days of receiving its correspondence, AVZ INTERNATIONAL failed to fulfill its contractual obligations. This automatically led to the unilateral termination of the DATHCOM joint venture contract.

Having observed the serious and persistent violation of the DATHCOM contract that occurred on April 4, 2023, COMINIERE drew its conclusions on April 7, 2023, to terminate the joint venture and engaged the mining cadastre (CAMI) with the Kalemie Court of First Instance.

On May 9, 2023, the Kalemie court decreed that PR 13359, which was previously transferred to DATHCOM MINING SA through the contract signed on January 13, 2017, had been fully restored to COMINIERE SA.

In anticipation of the outcome of the Paris International Chamber of Commerce (CCI) arbitration, COMINIERE and DATHOMIR, led by Chinese national Simon Cong, signed a commitment on May 19, 2023. This aimed to confirm the restoration of PR 13359 to COMINIERE based on the Kalemie Court of First Instance's decision RC381S/RH 0242 pronounced on May 3, 2023. This also included announcing to DATHOMIR the dissolution of the joint venture, DATHCOM MINING SAS.

On the occasion, COMINIERE and DATHOMIR committed to continue their mining cooperation and safeguard their mutual interests in the future joint venture, which will cover the entirety of PR 13359. COMINIERE would hold 85% and DATHOMIR its 15% stake as it did in DATHCOM SA.

They also committed to refraining from any legal proceedings at the CCI and Congolese courts against COMINIERE SA regarding the 2017 DATHCOM contract termination. Being aware of the ongoing arbitration in Paris, DATHOMIR demanded that COMINIERE be held accountable at the CCI in Paris for the termination of the DATHCOM SA contract, as well as for conducting the AVZ feasibility study independently. This included excluding AVZ MINERALS from the new joint venture to be formed by both partners.

At the same time, COMINIERE initiated negotiations for future collaboration on lithium with the Chinese group ZIJIN (JIN CHENG). This was after alleged attempts by ZIJIN to make an illegal purchase of 15% of COMINIERE's shares in DATHCOM SA, according to the General Finance Inspection.

Sources close to the matter informed Kongopress that COMINIERE might propose two options to ZIJIN:

1. Creating a new joint venture.
2. Selling a portion of the 85% stake that COMINIERE should hold in the future joint venture, in order to involve the Chinese in the new phase of the Congolese lithium venture.

COMINIERE's urgency in negotiating with both DATHOMIR and ZIJIN is driven by a desire to sign new joint venture agreements for the Manono lithium project before the CCI in Paris makes a decision on conservatory measures related to DATHCOM SA. Such measures could potentially block COMINIERE's moves in the Manono lithium project.

The potential consequences of a decision on purely conservatory measures by the CCI include maintaining the project's status quo, which could result in the non-commencement of the Manono lithium exploitation. Additionally, there is a demand for a $10 billion USD payment by the claimants, AVZ MINERALS. The other potential measures include restraining COMINIERE SA from taking actions related to the modified JV contract's termination or its consequences, and enjoining COMINIERE SA to comply with Article L1.1 of the modified JV contract. In any case, these measures are often accompanied by financial penalties for non-compliance and the requirement for COMINIERE SA to bear the costs of the arbitration.

I think these articles are put out to try to intimidate AVZ into accepting a sub par deal. If they truely believe the contract was cancelled with the boundary of the law then there would have been a deal struck in May with zijin. They wouldn’t be waiting around still talking about it months later. At least I hope so

 

[Juba1845]

I think these articles are put out to try to intimidate AVZ into accepting a sub par deal. If they truely believe the contract was cancelled with the boundary of the law then there would have been a deal struck in May with zijin. They wouldn’t be waiting around still talking about it months later. At least I hope so

Obvious they want to avoid ICC . Time now to negotiate a decent sale and move on to greener pastures. The DRC is a disaster zone.

 

[bloke383]

Obvious they want to avoid ICC . Time now to negotiate a decent sale and move on to greener pastures. The DRC is a disaster zone.

Obvious they want to avoid ICC . Now it's time for AVZ to turn the screws , and not negotiate .

 

[j.l]

I think these articles are put out to try to intimidate AVZ into accepting a sub par deal. If they truely believe the contract was cancelled with the boundary of the law then there would have been a deal struck in May with zijin. They wouldn’t be waiting around still talking about it months later. At least I hope so

Just odd that it's coming from Kongopress. Historically, Kiki hasn't been a mouthpiece for the conspirators.

Franck F has been a lot more punchy recently, yet here's Kiki almost singing the party line.

But hey I guess it's just episode #743 in the tale of doing business in the Republic of WTF.

 

[Chilla]

Shareholders will happy at good price and move on with life.

There is no suggestion of a TO.

 

[Hudnut]

There is no suggestion of a TO.

And there won't be. The Chinese think they can already get it for free (minus snacks), and no-one else would pay to take over this shitshow.

 

[JAG]

Shareholders will happy at good price and move on with life.

And what price is that? Please enlighten us!

 

[JAG]

It's time to turn the screws and get the best settlement.

Enlighten us with your wise wisdom and detail around best settlement.
Looking forward to your succinct “best settlement” breakdown

 

[wombat74]

This hasn't helped clarify anything for me:



ChatGPT translation:

According to the media outlet Géopolis, Célestin Kibeya Kabemba, General Manager of COMINIERE, allegedly certified the following in a letter:

"She (COMINIERE) found itself in a favorable position in the Manono lithium mega project, from which it had already been excluded by the majority shareholder (AVZ MINERALS) due to multiple abuses. Today, COMINIERE SA is once again the holder of PR 13359, which has allowed it to negotiate favorably with the other two shareholders. In fact, COMINIERE, which previously held 10% of shares in DATHCOM MINING, now holds 85%, with the possibility of restructuring the joint venture to move on to the production phase with a reliable partner. 'COMINIERE SA, which had been operating under an imbalanced contract in DATHCOM MINING SA, has managed to terminate that contract and now has the opportunity to negotiate a win-win contract.'"

It's worth noting that these statements were made at least a month before Céléstin Kibeya's appointment as General Manager by the head of state, Félix Tshisekedi.

It was no longer a secret to anyone informed and interested in the Manono lithium project that negotiations were underway after the cancellation of exploitation permit 13359 by DATHCOM, led by the Minister of Mines, Adèle Kayinda. These negotiations involved COMINIERE, representatives of the Kinshasa government, and AVZ MINERALS, aiming to find a compromise between the conflicting parties within DATHCOM MINING.

However, an official veto was imposed by the government representatives, particularly on AVZ MINERALS, to prevent the disclosure of information and the existence of these negotiations. This was due to concerns that aggressive AVZ shareholders on social media might use the information to criticize Congolese authorities.

Recall the accusations of insults directed at the head of state and the Democratic Republic of Congo by COMINIERE executives and certain media outlets not favorable to the Australian position, against Twitter profiles defending their shareholder positions in AVZ MINERALS, which were negatively affected by the downturn in the Manono lithium project.

Last January, due to alleged opacity on COMINIERE's part, it sent a formal notice to AVZ INTERNATIONAL, requesting evidence of foreign fundraising, project assignments within DATHCOM, and notably repayment guarantees.

Célestin Kibeya's accusations against AVZ MINING were based on the violation of Article 18.3 of the DATHCOM joint venture contract.

According to COMINIERE, since AVZ INTERNATIONAL didn't provide the requested data within 90 days of receiving its correspondence, AVZ INTERNATIONAL failed to fulfill its contractual obligations. This automatically led to the unilateral termination of the DATHCOM joint venture contract.

Having observed the serious and persistent violation of the DATHCOM contract that occurred on April 4, 2023, COMINIERE drew its conclusions on April 7, 2023, to terminate the joint venture and engaged the mining cadastre (CAMI) with the Kalemie Court of First Instance.

On May 9, 2023, the Kalemie court decreed that PR 13359, which was previously transferred to DATHCOM MINING SA through the contract signed on January 13, 2017, had been fully restored to COMINIERE SA.

In anticipation of the outcome of the Paris International Chamber of Commerce (CCI) arbitration, COMINIERE and DATHOMIR, led by Chinese national Simon Cong, signed a commitment on May 19, 2023. This aimed to confirm the restoration of PR 13359 to COMINIERE based on the Kalemie Court of First Instance's decision RC381S/RH 0242 pronounced on May 3, 2023. This also included announcing to DATHOMIR the dissolution of the joint venture, DATHCOM MINING SAS.

On the occasion, COMINIERE and DATHOMIR committed to continue their mining cooperation and safeguard their mutual interests in the future joint venture, which will cover the entirety of PR 13359. COMINIERE would hold 85% and DATHOMIR its 15% stake as it did in DATHCOM SA.

They also committed to refraining from any legal proceedings at the CCI and Congolese courts against COMINIERE SA regarding the 2017 DATHCOM contract termination. Being aware of the ongoing arbitration in Paris, DATHOMIR demanded that COMINIERE be held accountable at the CCI in Paris for the termination of the DATHCOM SA contract, as well as for conducting the AVZ feasibility study independently. This included excluding AVZ MINERALS from the new joint venture to be formed by both partners.

At the same time, COMINIERE initiated negotiations for future collaboration on lithium with the Chinese group ZIJIN (JIN CHENG). This was after alleged attempts by ZIJIN to make an illegal purchase of 15% of COMINIERE's shares in DATHCOM SA, according to the General Finance Inspection.

Sources close to the matter informed Kongopress that COMINIERE might propose two options to ZIJIN:

1. Creating a new joint venture.
2. Selling a portion of the 85% stake that COMINIERE should hold in the future joint venture, in order to involve the Chinese in the new phase of the Congolese lithium venture.

COMINIERE's urgency in negotiating with both DATHOMIR and ZIJIN is driven by a desire to sign new joint venture agreements for the Manono lithium project before the CCI in Paris makes a decision on conservatory measures related to DATHCOM SA. Such measures could potentially block COMINIERE's moves in the Manono lithium project.

The potential consequences of a decision on purely conservatory measures by the CCI include maintaining the project's status quo, which could result in the non-commencement of the Manono lithium exploitation. Additionally, there is a demand for a $10 billion USD payment by the claimants, AVZ MINERALS. The other potential measures include restraining COMINIERE SA from taking actions related to the modified JV contract's termination or its consequences, and enjoining COMINIERE SA to comply with Article L1.1 of the modified JV contract. In any case, these measures are often accompanied by financial penalties for non-compliance and the requirement for COMINIERE SA to bear the costs of the arbitration.

These idiots are getting desperate . They know they don't have a leg to stand on .

 

[JAG]

Obvious they want to avoid ICC . Time now to negotiate a decent sale and move on to greener pastures. The DRC is a disaster zone.

Time for negotiation is over Pal.

$10 billion US plus is what they will owe…. Oh and bankrupt the country by the way.

Fuck negotiations and let the courts and the world bank decide….
Cominiere has no where to hide!

 

[CashKing]

And what price is that? Please enlighten us!

Bro I just wanna make klaus a silly cash offer on he’s overpriced house seeing as the hedges need doing out the front and see what he says so whatever

Plus i Need a ute The 6L Calais Isn’t really a work car

Let’s just get this shit done FFS..
GLTAH

 

[Frank]

Obvious they want to avoid ICC . Now it's time for AVZ to turn the screws , and not negotiate .

 

[BEISHA]

At this stage a deal should be almost done if not already agreed. ICC & ICSID are almost upon us. What's the hold up?

$10 Bil Won't wipe them off map regarding mining.

It'll just put them in a very big hole. Whose hole is the question, as they will be the ones who benefit from it - likely the chinese will lend them the $$ then rape and pillage unfettered like they have been with the DRCs other minerals. Win-win relationship if your Chinese

"likely the chinese will lend them the $$"

Hmmm, dont think they are in a position to do so anymore.......



Maybe thats the reason Zijin could only afford to give Cominiere $33m for 15% of Manono.....

 

[Charbella]

I understand your anger, personally I would love to see that corrupt bunch rotten in jail forever.

But it’s not save how much we would win if the court cases go ahead. And no shareholder would benefit from it. The poor drc people who suffered under such government didn’t benefit too.

The DRC is already close to bankrupt, even if we win 20 billion after years of fighting how can they pay it back? Payback period of 50+ years?
Digoil have fighted 12 years against the drc for a few hundred millions, they still waiting for a payback contract since 2020 and have never seen one dollar. The drc don’t even pay the 36 million for their lawyers.

And if the worldbank would cancel everything in reason of our case (I doubt it will happen) that place will just getting more unlivable like yet.

I wish the worst for the people who deserve it, but not for the rest. And even if we win the case they will never pay anything back. So why do you think the cases are better than negotiations to get hopefully out or find a solution with the drc?

You think there is room for negotiation?

"She (COMINIERE) found herself in a favorable position in Manono's mega lithium project for which she had already been excluded by the majority shareholder (AVZ MINERALS) through the multiple abuses. Today, COMINIERE SA is again the holder of PR 13359, which allowed it to negotiate favorably with the other two shareholders. Indeed, COMINIERE, which was with 10% shares in DATHCOM MINING, is currently presenting with 85% with the possibility of reformulating the JV to allow it to move to the production phase with a reliable partner. '" COMINIERE SA, which had to evolve with an unbalanced contract in DATHCOM MINING SA, has managed to terminate this contract and it now has the opportunity to negotiate a win-win contract. ”

 

[Frank]

Obvious they want to avoid ICC . Now it's time for AVZ to turn the screws , and not negotiate .

 

[BEISHA]

It has always been said: an amicable settlement is better than a good trial. The @cominiereSA claims to $AVZ @AvzMinerals the withdrawal of its complaint in arbitration for the revival of the project #lithium_Manono .
@SelwaMasimango
@anskalambayi
@adelekayinda01
@Presidence_RDC

"The @cominiereSA claims to $AVZ @AvzMinerals the withdrawal of its complaint in arbitration for the revival of the project #lithium_Manono ."

Oh ok, AVZ withdraws international complaints and in the "good grace" of Cominiere, will revive Manono in our favour , which we are legally entitled to anyway ?

Is that how it reads ?

Sounds like back tracking black mail to me.......

 

[Samus]

I'm lost.

 

[BEISHA]

This hasn't helped clarify anything for me:



ChatGPT translation:

According to the media outlet Géopolis, Célestin Kibeya Kabemba, General Manager of COMINIERE, allegedly certified the following in a letter:

"She (COMINIERE) found itself in a favorable position in the Manono lithium mega project, from which it had already been excluded by the majority shareholder (AVZ MINERALS) due to multiple abuses. Today, COMINIERE SA is once again the holder of PR 13359, which has allowed it to negotiate favorably with the other two shareholders. In fact, COMINIERE, which previously held 10% of shares in DATHCOM MINING, now holds 85%, with the possibility of restructuring the joint venture to move on to the production phase with a reliable partner. 'COMINIERE SA, which had been operating under an imbalanced contract in DATHCOM MINING SA, has managed to terminate that contract and now has the opportunity to negotiate a win-win contract.'"

It's worth noting that these statements were made at least a month before Céléstin Kibeya's appointment as General Manager by the head of state, Félix Tshisekedi.

It was no longer a secret to anyone informed and interested in the Manono lithium project that negotiations were underway after the cancellation of exploitation permit 13359 by DATHCOM, led by the Minister of Mines, Adèle Kayinda. These negotiations involved COMINIERE, representatives of the Kinshasa government, and AVZ MINERALS, aiming to find a compromise between the conflicting parties within DATHCOM MINING.

However, an official veto was imposed by the government representatives, particularly on AVZ MINERALS, to prevent the disclosure of information and the existence of these negotiations. This was due to concerns that aggressive AVZ shareholders on social media might use the information to criticize Congolese authorities.

Recall the accusations of insults directed at the head of state and the Democratic Republic of Congo by COMINIERE executives and certain media outlets not favorable to the Australian position, against Twitter profiles defending their shareholder positions in AVZ MINERALS, which were negatively affected by the downturn in the Manono lithium project.

Last January, due to alleged opacity on COMINIERE's part, it sent a formal notice to AVZ INTERNATIONAL, requesting evidence of foreign fundraising, project assignments within DATHCOM, and notably repayment guarantees.

Célestin Kibeya's accusations against AVZ MINING were based on the violation of Article 18.3 of the DATHCOM joint venture contract.

According to COMINIERE, since AVZ INTERNATIONAL didn't provide the requested data within 90 days of receiving its correspondence, AVZ INTERNATIONAL failed to fulfill its contractual obligations. This automatically led to the unilateral termination of the DATHCOM joint venture contract.

Having observed the serious and persistent violation of the DATHCOM contract that occurred on April 4, 2023, COMINIERE drew its conclusions on April 7, 2023, to terminate the joint venture and engaged the mining cadastre (CAMI) with the Kalemie Court of First Instance.

On May 9, 2023, the Kalemie court decreed that PR 13359, which was previously transferred to DATHCOM MINING SA through the contract signed on January 13, 2017, had been fully restored to COMINIERE SA.

In anticipation of the outcome of the Paris International Chamber of Commerce (CCI) arbitration, COMINIERE and DATHOMIR, led by Chinese national Simon Cong, signed a commitment on May 19, 2023. This aimed to confirm the restoration of PR 13359 to COMINIERE based on the Kalemie Court of First Instance's decision RC381S/RH 0242 pronounced on May 3, 2023. This also included announcing to DATHOMIR the dissolution of the joint venture, DATHCOM MINING SAS.

On the occasion, COMINIERE and DATHOMIR committed to continue their mining cooperation and safeguard their mutual interests in the future joint venture, which will cover the entirety of PR 13359. COMINIERE would hold 85% and DATHOMIR its 15% stake as it did in DATHCOM SA.

They also committed to refraining from any legal proceedings at the CCI and Congolese courts against COMINIERE SA regarding the 2017 DATHCOM contract termination. Being aware of the ongoing arbitration in Paris, DATHOMIR demanded that COMINIERE be held accountable at the CCI in Paris for the termination of the DATHCOM SA contract, as well as for conducting the AVZ feasibility study independently. This included excluding AVZ MINERALS from the new joint venture to be formed by both partners.

At the same time, COMINIERE initiated negotiations for future collaboration on lithium with the Chinese group ZIJIN (JIN CHENG). This was after alleged attempts by ZIJIN to make an illegal purchase of 15% of COMINIERE's shares in DATHCOM SA, according to the General Finance Inspection.

Sources close to the matter informed Kongopress that COMINIERE might propose two options to ZIJIN:

1. Creating a new joint venture.
2. Selling a portion of the 85% stake that COMINIERE should hold in the future joint venture, in order to involve the Chinese in the new phase of the Congolese lithium venture.

COMINIERE's urgency in negotiating with both DATHOMIR and ZIJIN is driven by a desire to sign new joint venture agreements for the Manono lithium project before the CCI in Paris makes a decision on conservatory measures related to DATHCOM SA. Such measures could potentially block COMINIERE's moves in the Manono lithium project.

The potential consequences of a decision on purely conservatory measures by the CCI include maintaining the project's status quo, which could result in the non-commencement of the Manono lithium exploitation. Additionally, there is a demand for a $10 billion USD payment by the claimants, AVZ MINERALS. The other potential measures include restraining COMINIERE SA from taking actions related to the modified JV contract's termination or its consequences, and enjoining COMINIERE SA to comply with Article L1.1 of the modified JV contract. In any case, these measures are often accompanied by financial penalties for non-compliance and the requirement for COMINIERE SA to bear the costs of the arbitration.