There is still the underlying issue regarding the license for the tailings. According to Grahame Johnston any license for tailings and mining that sits on top of another mining tenement can only be issued to the main tenement holder, being AVZ, according to DRC mining law.
The license that was issued to Tantalex is not valid.
It’s not the first time there have been issues with irregular “approvals” concerning Tantalex / Eric Allard.
Une transformation d’un Permis de recherche en Permis d’exploitation qui se serait passée loin de la transparence, selon un collectif d’ONG...
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File PR12447 and PR12448 of "United Cominière SAS": Civil Society requires explanations from the Minister of Mines
16.11.2022
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A transformation of a Research Permit into an Operating Permit that would have been far from transparency, according to a collective of civil society NGOs, justifies a correspondence that the latter have just sent to the Minister of Mines, taking care to inform all officials of the country, from the President of the Republic to the head of the General Inspectorate of Finance (IGF).
In this correspondence, civil society actors demand - in the name of citizen control - clear answers to this transformation in which the "United Cominière SAS" nebula is involved. Full letter to the Minister of Mines.
Madam Minister of Mines,
Our citizen organizations and platforms (Justicia Asbl, LICOCO, RND Asbl, POM, MDR, GANVE, CDH, ESPOIR ONG, RCEN/CENCO, TPDC, MAX IMPACT), members of the Congolese Civil Society monitoring human rights and the country's mining sector, hereby diligently refer to you about what they read on November 1, 2022, on the Tantalex Lithium Resources Corporation website concerning the transformation of the Search Permits (PR) of United Cominiere SAS (UC) into Operating Permits (PE) on your authorization.
"Lithium Tantalex Resources Corp. (CSE: TTX - TSE: DW8 - OTCQB: TTLXF) ("Tantalex" or the "Company"), is pleased to announce that its DRC subsidiary, United Cominiere SAS, 70% owned, has been informed by the Ministry of Mines that Research Permits PR 12447 and 12448 have now been approved by ministerial decree for the transformation into mining concessions". This is the content of the first paragraph of Tantalex Lithium Resources Corporation's online press release.
Formerly Tantalex, before Mr. Klaus Eckoff of AJN Resources entered it in January 2022 as director, this listed company in Canada and Germany presents itself as "a mining company in the operating and development phase engaged in the acquisition, exploitation, development and distribution of lithium, tin, tantalum and other high-tech mineral properties in Africa. It is currently focusing on the development of its lithium assets in the prolific region of Manono in the Democratic Republic of Congo; The Manono lithium mining waste project and the Pegmatite corridor exploitation program".
It has as President Hadley Natus and Eric Allard as Chief Executive Officer, according to the above-mentioned statement.
Madam Minister, it appears from the legal elements and certain correspondence at our disposal that to date the company "United COMINIERE SAS (UC)" is composed of the following shareholders listed: COMI-NIERE SA: 30%; BURTON FINANCIALS: 5%; ORE SARLU: 65%.
In view of the following various final judgments of the Congolese justice system:
The RCE 7495 which endorsed the RCCM of January 20, 2022 as well as the decisions to delete the false RCCM of October 16, 2021;
RP19203 which declared the foreign company "Sandstone Word Wide Ltd" non-existent under Congolese law and dismissed it in court as well as Canadian citizen Eric Allard, its president, for lack of quality;
RPO 10247/10267 which sentenced Canadian citizen Eric Allard to 3 years of main criminal servitude and the payment of USD 50,000 in Damages for forgery and use of forgery;
RAC 2942, judgment before saying right, which ordered the suspension of this case on the basis of the "criminal who keeps the civilian in condition", whose request is the restoration of the additional or amending registration of the fraudulent RCCM of October 16, 2021;
Considering that there is to date no judgment contrary to all these judicial decisions that have become res judicata, and that they are said on behalf of the Congolese people and executed in the name of His Excellency the President of the Republic, Head of State;
Our citizen organizations and platforms want COMINIERE SA to be able to:
Remain impartial to disputes between partners and to deal only with shareholding as dedicated to the RCCM of January 20, 2022 because it is ratified by a final judgment;
Compose and deal only with the partners of UC SAS of whom RCCM is cited to resolve the dispute related to several tens of tons of mining products, containing essentially coltan, which have been the subject of fraud and illegal exploitation at the expense of individuals whose judicial file is pending at the prosecutor's offices and for which we hold an independent expert report of which we have read a copy;
Respect its recommendation made to shareholders, in its letter of February 4, 2021, to refer to justice to be divided by final judgments.
Unless we misunderstand, the analytical reading of the documents at our disposal proves that the transfer of the shares in United Cominière SAS on March 17, 2020 is confirmed by:
The contract for the transfer of shares between Sandstone and ORE SARLU;
The additional registration to the acts of "UC SAS" and the Minutes of the transfer of March 17, 2020, including the RCCM of October 7, 2020;
The new statutes of "UC SAS" signed by the representatives of the three partners, namely: Mr. MWAMBA MISO Athanase for Cominière SA; Mrs. MIHIGO NABINTU Micheline for ORE SARLU and Mr. BURTON ENGLISH Thomas for Burton Financial Inc.;
The 2020 financial statements of the Canadian company Tantalex, owner of Sandstone, having recognized the said transfer of the shares;
The various exchanges and emails during the negotiations between the transferees and owners of 70% (Thomas English acting jointly with Kyle appleby, its Chief Financial Officer, Eric Allard, its vice-president and Amy Chang's audit firm MNP) and the assignees (ORE SARLU and BURTON FINANCIAL).
Excellency the Minister of Mines, it is common knowledge that to date, this assignment has never been the subject of any annulment in court.
Any challenge to the assignment can only be the responsibility of the Courts and Tribunals and not of another institution. To date, they have not issued any decision calling into question the said assignment.
As a result, the injunctions of the Minister of State in charge of Justice and Keeper of the Seals in this case do not replace judgments and constitute a breach of justice and an unfortunate unfortunate precedent, especially since she herself cannot act as a judicial body, according to Congolese law.
According to the information in our possession on the basis of the above-mentioned Expert Report, the company Afrimet Ressources of Hadley Natus, currently President of Tantalex, and its subsidiaries, including COPROCO, owe "UC SAS" money.
According to estimates made at the time for a member of the current government interested in this file, it would be around USD 9,146,488, distributed as follows:
8.650.000USD for 69.2 metric tons of coltan;
271.800USD for 15 tons of unidentified minerals if it is cassiterite; otherwise, that is, considering this as coltan the value will be 1.875,000USD which reduces the overall value to 10.749.688USD;
224.688USD for 12.4 tons of cassitérite.
The quantity of minerals indicated above was exploited, in the concessions of "UC SAS", illegally and fraudulently and then evacuated, clandestinely, in flagrant and harmful violation of the provisions of the commercial contracts that bound the two parties (UC and Afrimet/COPROCO).
Therefore, Excellency the Minister of Mines, we invite the Government of the Republic, particularly your Ministry and that of Justice as well as all the services and establishments dependent on it, including the Mining Cadastre, to take into account all the elements mentioned above, to respect the decisions of Justice valid to date and to draw all the consequences of law and administration towards foreign citizens Eric Allard and Hadley Natus on "UC SAS" (and its mining permits) to which they owe millions of US dollars for tens of tons of coltan fraudulently taken on Research Permits, contrary to Congolese laws including the revised Mining Code and Regulations.
This would be a significant contribution on your part to the consolidation of the business climate and at the same time would allow communities where minerals have been extracted to benefit from the mining fee on exported products.
Finally, in the name of compliance with the laws of the Republic and the principles of transparency, that all the relevant services of the Ministry of Mines and Cominière as well as Tantalex Lithium Resources Corporation can publish the Final Feasibility Study and the Social Impacts and Environmental Study that have obtained favorable opinions required by the mining law in order to obtain your instruction in the Mining Cadastre to transform the PRs concerned into PE that famous junior listed in Canada and Germany.
Hoping that this will receive your special attention, please accept, Excellency, the expression of our patriotic feelings.
For signatory citizen organizations and platforms,
Me Timothée Mbuya Justicia ASBL
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