AVZ Discussion 2022

[whales]

I

Pretty sure CKK is talking about AVZ and Dathcom Vs Cominiere which was initiated in April this year to prevent Cominiere illegally terminating the Dathcom JV. This is the case preventing him from illegally selling off the JV's assets so he can personally benefit from bribes for rat fucking his own people to keep his Chinese sugar daddy's happy. The fact that we still have to deal with this clown after he was literally caught on tape taking a bribe from Zijin is beyond insulting.
View attachment 42964

Only FT by presidential decree can resolve this mess and avoid court proceedings.
He can issue the Mining Licence through the Minister of Mines and Comminiere cannot do anything .
We wait and see ?

 

[Roger2018]

After over a year of lip service from the DRC (if not outright hostility from CKK), finally getting fed up and going to the ICSID is the only thing that brought the DRC back to the table.

No way should we drop any proceeding and go to the back of the queue in the event we need to start all over again once the lip service recommences.

As for the ICC, "Well, you started it."

They drew first

 

[j.l]

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.

 

[kron]

This hasn't helped clarify anything for me:



ChatGPT transition:

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.

That does not sound positive at all...

 

[Mr Inappropriate]

This hasn't helped clarify anything for me:



ChatGPT transition:

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.

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.

 

[Samus]

It smells like blackmail to me After all that @AvzMinerals has suffered, he must in no case give in to blackmail but rather the presidency must reset the collaboration between #COMINIERE and #AVZ and that @AvzMinerals be restored to his rights, on #lithium there are not only in Manono, our Chinese friends can go elsewhere to exploit.

 

[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 .