AVZ Discussion 2022

[BEISHA]

Being tricked isn't duress lmao

The idea that AVZ management were forced to give away the north under duress and then just went along with it releasing official announcements confirming them agreeing with it is batshit insane

This letter from Nigel to the MoM is the basis for our case at the ICSID. Everyone should read it again and again until what we are asking for sinks in.

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A pretty scathing response from AVZ BOD

I aint a lawyers butt crack, but in my mind, ICSID are going to look for the contractual agreement as to what works / expenditure was required to be satisfied by AVZ on CDL to renew that part of the lease

In Australian mining code, its common requirement for a coy to exercise a certain amount of expenditure within a specified time frame to satisfy renewal, it doesnt matter where, its all about the spend.

Is the contract agreement AVZ / CDL similar ?

Just to confirm, do you believe AVZ were " tricked " to waive the north of CDL ?

Cause i am sure ICSID will want to scrutinise that paper work and see if it applies to DRC mining law.

On top of all that, AVZ achieved 3 favourable opinions, DRC mining law requires ML to be awarded within a certain time frame once that is achieved regardless if i recall, so no doubt ICSID will be looking at that clause too.

DRC govt are going to get panted, best solution..........formulate a win , win binding MOU

imo

 

[cruiser51]

A pretty scathing response from AVZ BOD

I aint a lawyers butt crack, but in my mind, ICSID are going to look for the contractual agreement as to what works / expenditure was required to be satisfied by AVZ on CDL to renew that part of the lease

In Australian mining code, its common requirement for a coy to exercise a certain amount of expenditure within a specified time frame to satisfy renewal, it doesnt matter where, its all about the spend.

Is the contract agreement AVZ / CDL similar ?

Just to confirm, do you believe AVZ were " tricked " to waive the north of CDL ?

Cause i am sure ICSID will want to scrutinise that paper work and see if it applies to DRC mining law.

imo

I wouldn't buy a roll of toilet paper from certain people, they could have used it and try to trick me.
It apparently is the norm for those people to conduct business.

 

[BEISHA]

I wouldn't buy a roll of toilet paper from certain people, they could have used it and try to trick me.
It apparently is the norm for those people to conduct business.

 

[aon]

Where duress is established the common law permits the victim to escape their contractual obligations by rendering the contract voidable. To be established one of the contracting parties must exert 'illegitimate' pressure on the weaker party which induces the weaker party to enter into the contract.

The duress was: 'If you don't wave the northern section, you will not get your ML.'

I can clearly remember that to be mentioned by Nigel.

I would not be surprised that will be argued before ICSID and, if that can be proven the waiver is absolute meaningless.

In other words: 'Stick your waiver very far up your arse.'

Where duress is established the common law permits the victim to escape their contractual obligations by rendering the contract voidable. To be established one of the contracting parties must exert 'illegitimate' pressure on the weaker party which induces the weaker party to enter into the contract.

The duress was: 'If you don't wave the northern section, you will not get your ML.'

I can clearly remember that to be mentioned by Nigel.

I would not be surprised that will be argued before ICSID and, if that can be proven the waiver is absolute meaningless.

In other words: 'Stick your waiver very far up your arse.'

Yes, cruiser agree 100%, that's exactly how I recalled it as well at the time.
Although sometime later the commentary on the issue seemed to become somewhat confused was my opinion when Nigel was asked for more details on the issue, that is admittedly my vague memory of the event.

 

[Doc]

Yes, cruiser agree 100%, that's exactly how I recalled it as well at the time.
Although sometime later the commentary on the issue seemed to become somewhat confused was my opinion when Nigel was asked for more details on the issue, that is admittedly my vague memory of the event.

Nigel stated the ML must be given in 30 days otherwise he can go to court to get. Was in a recorded interview ( that has since vanished from online ). When questioned months later he stated people misunderstood what he said.

 

[Carlos Danger]

It was not a case of being tricked, it was: if you wish to have your ML and start mining RD, you gotta do something with the northern section.

You seem to find this very funny and call it tricking people. The legal term could be scamming people.
I wonder, if a court would find this issue as funny as you do and laugh their ass off the same way as you say you do.

Just an observation.

A pretty scathing response from AVZ BOD

I aint a lawyers butt crack, but in my mind, ICSID are going to look for the contractual agreement as to what works / expenditure was required to be satisfied by AVZ on CDL to renew that part of the lease

In Australian mining code, its common requirement for a coy to exercise a certain amount of expenditure within a specified time frame to satisfy renewal, it doesnt matter where, its all about the spend.

Is the contract agreement AVZ / CDL similar ?

Just to confirm, do you believe AVZ were " tricked " to waive the north of CDL ?

Cause i am sure ICSID will want to scrutinise that paper work and see if it applies to DRC mining law.

On top of all that, AVZ achieved 3 favourable opinions, DRC mining law requires ML to be awarded within a certain time frame once that is achieved regardless if i recall, so no doubt ICSID will be looking at that clause too.

DRC govt are going to get panted, best solution..........formulate a win , win binding MOU

imo

I find nothing of this funny at all

We only need to do something different with the north IF WE AGREE TO IT according to the mining code

My entire purpose of spending time figuring this shit out is to find out the truth and to inform those that may no longer have the time to research as I do due to their funds being locked down because of no fault of their own

If our claim is that we were asked to form a JV for the north in order to progress the south then I think AVZ management made the right call. They obviously wanted to deliver an outcome that would lead to lithium being processed in the quickest way possible. But what they wanted and what they agreed to are potentially two entirely different things imo

Personally I think that Nigel willing to sit down to work out an outcome for the north is not only based in pragmatism but also reality

 

[Carlos Danger]

Nigel stated the ML must be given in 30 days otherwise he can go to court to get. Was in a recorded interview ( that has since vanished from online ). When questioned months later he stated people misunderstood what he said.

People completely misunderstood what he said me included at the time

He was talking about the process for the decree. Which we received. Never forget we got the ML according to the mining code. It's the entire basis for our claims at the ICSID.

 

[cruiser51]

I find nothing of this funny at all

We only need to do something different with the north IF WE AGREE TO IT according to the mining code

My entire purpose of spending time figuring this shit out is to find out the truth and to inform those that may no longer have the time to research as I do due to their funds being locked down because of no fault of their own

If our claim is that we were asked to form a JV for the north in order to progress the south then I think AVZ management made the right call. They obviously wanted to deliver an outcome that would lead to lithium being processed in the quickest way possible. But what they wanted and what they agreed to are potentially two entirely different things imo

Personally I think that Nigel willing to sit down to work out an outcome for the north is not only based in pragmatism but also reality

I appreciate your investigative work.
I admire the people who research and share what they discover.

After meeting Nigel several times, he doesn't strike me as a person who lives in cloud cuckoo land.

I found it extremely important for me, to meet and read the man, to see what lives behind that face.
In my eyes, body language is a larger part of communication than the spoken word.

I found attending the AGM in person more important than a video conferenced exercise.
I know not everybody had the opportunity to attend, however I prefer to see and feel the event through my lens, which I allow to observe what I find important, rather than from a lens operated by a person who finds different things important.

 

[The Fox]

There's a lot of people running around claiming that the resource estimate is new information that somehow proves we drilled all of CDL

This is completely incorrect and those saying that should stop

The ICSID will be looking at whether the waiver is legally enforceable or if there is some loophole that Dathcom can claim to prove we didn't give the north away imo

Is the context of Obe's comment being overlooked here and a misguided assessment provided? The previous announcement you have posted stated conceptual tonnes. Most recent announcement was based on actual reported tonnes. Big difference IMO. Am I missing something Carlos? I appreciate it is late in the evening for me, happy to be educated, however I suggest Obe was commenting on the big picture on what has been reported, hey but I've been wrong before.

 

[Xerof]

I've come across a new mineral compound, found within banded iron formations. Does anyone know of a company exploring for this?

It's called CUMMINGTONITE

HAPPY NEW YEAR TEAM AVZ

may all our expectations come simultaneously

 

[pow4ade]

Ah yes, kool-aid, the other troll who lurks here when he’s not in the Middle East with his homies. Nice try using aljazeera to post your negative comments on Tshisekedi

How are your other mates tommy and modo going, no doubt you’re all still upset by the failed Omni Bridgeway, Deeland and Fat Tail (MMGA) scams

Oh, so Felix hasn't disgraced his father's legacy after doing a power sharing deal with Kabila, at the expense of the Congolese and AVZ.

Good to hear. I bow to your much vaunted research expertise.

 

[Carlos Danger]

I appreciate your investigative work.
I admire the people who research and share what they discover.

After meeting Nigel several times, he doesn't strike me as a person who lives in cloud cuckoo land.

I found it extremely important for me, to meet and read the man, to see what lives behind that face.
In my eyes, body language is a larger part of communication than the spoken word.

I found attending the AGM in person more important than a video conferenced exercise.
I know not everybody had the opportunity to attend, however I prefer to see and feel the event through my lens, which I allow to observe what I find important, rather than from a lens operated by a person who finds different things important.

Is the context of Obe's comment being overlooked here and a misguided assessment provided? The previous announcement you have posted stated conceptual tonnes. Most recent announcement was based on actual reported tonnes. Big difference IMO. Am I missing something Carlos? I appreciate it is late in the evening for me, happy to be educated, however I suggest Obe was commenting on the big picture on what has been reported, hey but I've been wrong before.

I think our main argument will be we followed the mining code and received the favourable opinions for the whole tenement and then were asked to submit the waiver under false pretences so it shouldn't count as us giving it away in the strict interpretation of the code

And we will be seeking either PE for the whole tenement, PE for the south with PR for the north, or a PE for the south with a reasonable settlement for the north where we include Zijin in that area or they buy us out if that's what the DRC government insist we do

The big difference in getting the drilling results converted to an inferred JORC standard is that we can now use it as a starting point for valuation. There is nothing in the mining code that says we need to do this in order to receive a PE for all of 13359 as we have already fulfilled that requirement with the DFS. Which is why it wasn't strictly done for the ICSID who are looking at whether the DRC government failed to follow their own mining code imo

 

[JNRB]

Yes I've heard the substrate you extracted it from is rock hard

I've come across a new mineral compound, found within banded iron formations. Does anyone know of a company exploring for this?

It's called CUMMINGTONITE

HAPPY NEW YEAR TEAM AVZ

may all our expectations come simultaneously

 

[Panther22]

Thanks to Carlos, MB, Dave Evans, Xerof, Beisha and all others who have done a mountain of work and research to give us some clarity, understanding and hope in this shit show. Was great to meet some of you at the AGM in Perth.
On my way back to Samui for a month or so. Will be checking for good news and hopefully substantial progress everyday.
Happy New Year to you all and the BOD who we are trusting to keep this moving in the right direction.
2024 has got to be better than 2023 in regards to AVZ.

 

[Retrobyte]

On my way back to Samui for a month or so. Will be checking for good news and hopefully substantial progress everyday.

Lovely part of the world to relax - have been 3 times over the years. Will definitely go again.

 

[Remark]

An early HNY to everyone. 2024 just has to be better, right

 

[Hudnut]

Happy New Year everybody!

I'm going to be first out of the blocks.

I confidently predict we will get an ICC judgement THIS year.

Also, Fuck Zijin!

 

[cruiser51]

Congo President Tshisekedi re-elected after contested poll​

By Ange Adihe Kasongo
January 1, 20243:56 AM GMT+8Updated an hour ago

• Summary
• Tshisekedi re-elected with 73.34% of vote
• Promises to tackle inequalities
• Opposition alleges fraud, calls for rerun
• Government and election commission reject allegations

KINSHASA, Dec 31 (Reuters) - Democratic Republic of Congo President Felix Tshisekedi has been re-elected for a second term after getting more than 73% of the vote in a Dec. 20 poll, the country's election commission CENI said on Sunday.

The declaration of the result follows days of opposition complaints about the way the election was conducted.

Logistical setbacks, an election day over-run, and an opaque vote count have fuelled a dispute that threatens to further destabilise a country roughly the size of Western Europe which is the world's top producer of cobalt and other prized industrial commodities.

Announcing the results in the capital Kinshasa, Denis Kadima, head of CENI, said Tshisekedi had obtained more than 13 million out of over 18 million valid votes, adding that turnout was more than 43%.

Cheers erupted from Tshisekedi's supporters present at the declaration after Kadima announced that Tshisekedi was provisionally elected.

Speaking to hundreds who gathered at his campaign headquarters after the announcement, Tshisekedi, flanked by his wife and mother, thanked supporters and promised to speed up programmes during his second term to tackle inequalities.

"You believed in my commitment not to spare any effort so that our country will retake its rightful place, and so that the Congolese people will recover their pride and dignity in belonging to this country," he said.

"You believed in my fight against inequalities that have for a long time characterized our society."

Rival political parties, candidates and those mandated by them have two days to challenge the outcome of the election at the Constitutional Court. The court then has seven days to rule on the case and proclaim the final result.

Independent National Electoral Commission (CENI) officials and polling agents gather to count and tally casted ballot papers at a polling centre following the Presidential election in Goma, North Kivu province of the Democratic Republic of Congo December 20, 2023. REUTERS/Arlette Bashizi/File Photo Acquire Licensing Rights

Opposition frontrunner Moise Katumbi, who came second with 18%, has already ruled out mounting a legal challenge to the results, citing an alleged lack of independence of state institutions.

Other opposition candidates have not clarified whether they will challenge the results.

Earlier on Sunday a group of nine opposition presidential candidates, including Katumbi, and six leaders of political parties asked supporters to take to the streets to protest after the release of the provisional results.

JOINT DECLARATION​

"We categorically reject the sham election ... and its results," the main opposition candidates said in a joint declaration. They demanded fresh elections be held with a new electoral body on a date to be agreed by all.

"We call on our people to take to the streets en masse after the proclamation of the electoral fraud," they said.

While Tshisekedi's supporters celebrated his win in the streets of the capital, there was calm in other cities with little signs of protest on New Year's Eve.

The government of Congo had previously rejected calls for a rerun of the elections.

Since election day, some of Tshisekedi's main challengers, including former oil executive Martin Fayulu, have been calling for a re-run of the contest and of legislative elections, accusing CENI of allowing the vote to be tipped in the president's favour.

CENI and the government have dismissed these allegations and also warnings from independent observer groups that the unscheduled extension of voting and other incidents on election day, and during the tabulation of votes, may have compromised the credibility and legal footing of the poll.

Reporting by Ange Kasongo and Sonia Rolley; Writing by Alessandra Prentice and Bate Felix; Editing by Hugh Lawson, Alexander Winning and David Holmes
Our Standards: The Thomson Reuters Trust Principles.

 

[Cumquat Cap]

Happy new year team and here's to another year of relentless pursuit of our investment.

Hoping Felix with majority holding within the senate will help him enact some of his anti-corruption strategies but who knows.

 

[JAG]

All the best for 2024, and……..