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