AVZ Discussion 2022

[Azzler]

Good announcement, solid statements, we have absolute sole right indeed.

But what a fucking absolute shitshow, what a fucked country, if you could even call it a country, more like a rabble of morons pretending to be important officials.

 

[Underwaterdark]

Zijin Uni

Does the degree certificate come on a brown paper bag?

 

[Thaz]

The announcement outlined the concerns that I had with the whole issue/debacle of the last few weeks and what I had actually contacted them for comment on.

Glad that they're addressing the concerns of the shareholders and not leaving Shareholders in the dark.

It is, IMO, time to turn on the pressure. To both DRC and Zijin.

The last few announcements from AVZ have, IMO, felt like they're getting fed up with the bullshittery from all parties.

 

[cruiser51]

Can someone please explain what is meant by ,'Emergency Relief ' from ICSID ? cheers

 

[cruiser51]

Depending on how much they increase the $50k fine to per day, we might be able to cover the next 15% of the venture with the funds.
Or at least cover the BOD remuneration.

$50k a day adds up quickly.
$100k or $200k a day might be better incentive to do the right thing. (not that they should need it)

Multiply by 10

 

[Azzler]

DRC hoping fat tail will succeed IMO, going to wait for the AGM.

Just unbelieveable...

Hello DRC? You wrote these mining laws, they're YOUR FUCKING LAWS!
Why is it up to AVZ to enforce your own fucking laws, you absolute dumb cunts!

 

[Doc]

The announcement outlined the concerns that I had with the whole issue/debacle of the last few weeks and what I had actually contacted them for comment on.

Glad that they're addressing the concerns of the shareholders and not leaving Shareholders in the dark.

It is, IMO, time to turn on the pressure. To both DRC and Zijin.

The last few announcements from AVZ have, IMO, felt like they're getting fed up with the bullshittery from all parties.

Yes I think this passage shows us the gloves will soon be off....

 

[TDITD]

A good announcement overall in retorting the absolute BS that has been showered down upon us from Corrupt and the gang.

Our emergency application card has now been dealt against Cominiere, a cheeky ask to get the penalty upped. I would have liked to know what date they are looking to get these back-dated payments from, it shall add up nicely.

The Company Acknowledging Zijins letter conceding they were not legally part of Dathcom and informing the ICC is simplistic but beautiful artwork to be appreciated.

The 5 clear points showing the ridiculousness of Cominiere and Zijin to attempt to claim the 'northern' part of Manono through listing the most pertinent parts of the laws and mining codes broken.

Stating the obvious in that DRC Government ministers are clearly involved in the corruption and 'Unless immediate action is taken by the State to correct relevant records to reinstate PR 13359 in the name of Dathcom and over the entirety of the Manono Project, AVZ will have no choice but to seek emergency relief from ICSID.' Encore, encore

Stating clearly that ICSID is not the path they want to go down, an that Nigel and team are in the DRC continuing efforts on the MOU, commenting that this is the best pathway.

A final smack on the bottom for naughty imbecile child-like Cominere disregard of mining code, contravention of the dathcom JV.

Quite happy with that.
An honest, calm, ethical and cooperative response in the face of all that we face is commendable. While also being firm with the ICSID stick in hand, a clear message.

#FuckZIJIN

 

[Carlos Danger]

The Company Acknowledging Zijins letter conceding they were not legally part of Dathcom and informing the ICC is simplistic but beautiful artwork to be appreciated.

Yes I particularly enjoyed those lines

 

[TDITD]

Does the degree certificate come on a brown paper bag?

Yes, but they will make you a derisory offer for your degree/bag. Which is so insulting your obliged to turn down.
Then you will find out they are claiming 15% of that degree/bag. Naturally you shall refute this baseless claim.
It doesn't end there though as they then shall divide that degree/bag up and 2/3 of it will be theirs because they said so, even after you have
argued successfully that they don't have 15% of that degree/bag.
They will also have a 'special' friend that just shouts random moronic shit, makes himself look guilty every time he talks and in general knows nothing about the field he is in or what he claims to be doing, lets call him Celestin.

 

[Spikerama]

Yes, but they will make you a derisory offer for your degree/bag. Which is so insulting your obliged to turn down.
Then you will find out they are claiming 15% of that degree/bag. Naturally you shall refute this baseless claim.
It doesn't end there though as they then shall divide that degree/bag up and 2/3 of it will be theirs because they said so, even after you have
argued successfully that they don't have 15% of that degree/bag.
They will also have a 'special' friend that just shouts random moronic shit, makes himself look guilty every time he talks and in general knows nothing about the field he is in or what he claims to be doing, lets call him Celestin.

TITS you need to change your profile pic mate. It's fucking disgusting.

No fly should be subjected to such torture.

 

[Remark]

 

[Onthefm]

Yes, but they will make you a derisory offer for your degree/bag. Which is so insulting your obliged to turn down.
Then you will find out they are claiming 15% of that degree/bag. Naturally you shall refute this baseless claim.
It doesn't end there though as they then shall divide that degree/bag up and 2/3 of it will be theirs because they said so, even after you have
argued successfully that they don't have 15% of that degree/bag.
They will also have a 'special' friend that just shouts random moronic shit, makes himself look guilty every time he talks and in general knows nothing about the field he is in or what he claims to be doing, lets call him Celestin.

And then the special friend gets a big fat promotion from the boss of all bosses.

 

[antimatter]

The third last para suggests it's not the end of the line yet. No need to blow everything up.

Not blowing everything up at all. I think for the first time, AVZ's language is quite firm but respectful toward the DRC, requesting immediate action to be taken to reinstate PR13359 otherwise ICSID, while also at the same time indicates that AVZ would like to avoid ICSID.

 

[wombat74]

So how long does Nigel give it before he locks in ICSID ? DRC gov have known about the threat of ICSID for months .If anything things have gotten worse . Maybe ICSID doesn't concern them ?More to the point ICSID doesn't concern China ?

 

[JNRB]

Great announcement. Gloves are off, a cards are on the table - let's get this shit sorted and get the project moving!

Also, great to see Nige reaffirm that:
- Dathcom owns 100% of manono. No carve-up/split being considered.
- Zijin gonna fuk right off, no involvement.
- we will stop holding back just to protect the reputation of state actors that are smearing themselves in shit.

 

[Chilla]

Great announcement. Gloves are off, a cards are on the table - let's get this shit sorted and get the project moving!

Also, great to see Nige reaffirm that:
- Dathcom owns 100% of manono. No carve-up/split being considered.
- Zijin gonna fuk right off, no involvement.
- we will stop holding back just to protect the reputation of state actors that are smearing themselves in shit.

AVZ just laid down 4 aces

 

[Carlos Danger]

Once a PE application is submitted the need for renewal of PR is gone. It's either ML or pineapples. It just doesn't add up that the MoM did this for regulatory reasons or as part of some grand plan to give the whole tenement back to us. This order came from the MoM. She has the power to ignore Cominiere's claims. If you need proof of her authority to make decisions on claims read Nigel's letter to her after the initial decrees were cancelled which is all about how she is ignoring ours. Given the need and urgency.

"To Her Excellency the Minister of Mines of the D.R. Congo in Kinshasa/Gombe

The company DATHCOM MINING SA acknowledges receipt in a state of shock and surprise your two irregular Ministerial Orders in form and substance while it was waiting to be notified on the calculation of the surface rights that was in the process of carry out the Mining Cadastre. DATHCOM fiercely opposes your approach which has violated the relevant provisions of the Congolese Mining Code which it intends to demonstrate in the following lines.

We have the feeling of being the victim of a political decision whose real and sincere motivations we do not know. Your two ministerial decrees show that all these facts constitute acts of the prince because they are without any legal basis and are not based on the Mining Code as amended in 2018.

The fact that you responded to the request of the company COMINIERE SA which is not a holder of mining titles and therefore you create a dangerous case law to receive the request of a shareholder whose acts are not permitted by the Mining Code but also whose quality of Mr. Célestin KIBEYA is called into question because he was not appointed by 'Presidential Ordinance' as required. Despite this irregularity, you had nevertheless taken these decisions which cannot survive in legal commerce nor produce its effects.

This is completely abnormal, and legally untenable, that your jurisdiction can leave unexecuted an act that it has enacted and whose legality is beyond the shadow of any doubt because it was approved on favorable opinions, and that you can embark on a painful and perilous process to try to assess, a posteriori, the legality of your decision, especially since respecting legality is a concem that must be manifested at the time of the enactment of the act or even, better, during its elaboration, never after its enactment.

Moreover, the simple basic rules were not respected, in particular the nights of the defense and your Excellency did not even decide to call the applicant to hear his version of the facts and the Mining Code established the principle that decisions must be motivated and to date none of the reasons relating purely to company law raised by Mr. Celestin KIBEYA (whose personal motivations remain obscure) can support the illegal nature of the decision to grant."

View attachment 47587
View attachment 47588
View attachment 47589
View attachment 47590

Maybe I should have been a lawyer haha

 

[Azzler]

I found this part to be a powerful statement:

"the decision by the High Court of Kalemie on 3 May 2023 ordering CAMI to register PR 13359 in
the name of Cominière is contrary to law because:
• it is based on the fact that the Dathcom JV was validly terminated which is incorrect (and will
be considered by the arbitral tribunal in ICC Case 27720/SP);
• a valid termination of the Dathcom JV would not provide any legal basis to transfer PR 13359
to Cominière;
• Dathcom was not given an opportunity to be heard and had to call for a re-hearing (tierce-
opposition) which is pending; and
• the High Court of Kalemie has no jurisdiction to order the transfer of the PR;"

Stating not one but FOUR good lawful reasons why 13359 is NOT Cominiere's, and hence why Cominierie has no ability to cut half off and sell it.
They got NO chance winning any of that.

That's one thing that's been on my mind since the purported termination of the JV.
Even if it was legit, how does Cominierie just "calim" the thing back? That can't be right.
Besides I firmly believe they have no basis to terminate it, but I'm just saying.

 

[SilentOne]

Maybe I should have been a lawyer haha
View attachment 48369

Hi Carlos,

I always enjoy reading your contribution and analysis - I find you very insightful.

Yes, maybe you should have been a lawyer and of course there are others on here that are just as awesome.


SilentOne