I'll take up the challenge Carlos....
Ministerial decree 00031 moved to nullify the relinquishment of the North and reinstate 13359 in its entirety to DATHCOM.
Why was this?
How about because of legal issues relating to unrealised promises and false pretence, as Outcast points out in his timeline, which I recently posted here. Effectively, this unwinds the North entirely, and leaves 13359 reunified and in the rightful name of DATHCOM. Remember, this Decree was initiated by DRC.....
So forget about all this talk of form filling with boxes ticked for relinquishment and so on. irrelevant, see first sentence
Yes, but... then came Ministerial decree 00032 , which revoked DATHCOM's ownership of 13359 in its entirety, for reasons not in the mining code (AVZ aren't being nice to other shareholders, etc)
AVZ assert that this decree is illegal and took it to ISCID
It is this decree that the ISCID case is all about - an illegal strip
#AVZ loves Ministerial Decree #31
Manono Lithium evaporates if we win at ISCID, IMO
So, you agree with me that Dathcom did in fact relinquish the north enacted by the first MoM decree and that this event was based on the waiver. Otherwise, the new decree could not have nullified said relinquishment. The key thing to remember is that it wasn’t the original decree that gave the legal basis for the relinquishment under the mining code. It was the waiver itself.
Therefore, how exactly that waiver came to be is extremely pertinent to what surviving legal effect it has imo
AVZ’s comments as to what was happening with the north in the May 4th 2022 Ministerial Decree announcement was the first document available to the mushrooms that shed light on this matter. You know, the one when they also dropped the goss about Zijin and Dathomir for the first time but we still traded for 3 days after that news hit the market until the weekend when Nigel resigned from AJN’s board and it was only then that we went into suspension. Management says very clearly in that official announcement that the non good powder mica infested north is to be ‘renewed’ by Dathcom under a PR.
There is no mention of anything resembling ‘AVZ has the digital scan copy of document where the "properties" of software file shows "creation date" & "modified date" and the box is "not checked". This forensic analysis is to authenticate document is tamper proof for ICSID’ or of death threats against Balthazar because neither of those things ever happened otherwise AVZ failed to disclose them to shareholders in the announcement and bizarrely played along with this purported illegal behaviour by talking of a renewal.
The mining code is extremely clear as to what happens when a waiver is submitted. The relinquished area is meant to go back to the state and a new tender process begins for it. That is why AJN applied. Now clearly the DRC government haven’t followed the mining code at pretty much every stage of this process and have subsequently gone on to completely make up whatever they want so I am in no way suggesting that they are innocent in this matter but the legal effect of the waiver still remains.
Nigel’s letter to the MoM appealing the rescinding of the two original decrees by the two new decrees (note the plurals) that acts as the basis for our entire case at the ICSID under the mining code also makes no mention of skulduggery and argues that the granted split must still be enforced as part of the ‘survival of Dathcom’s acquired rights’. Although AVZ has since changed their tune on this matter in official announcements after ‘taking advice’ to reflect your current argument about the decree legally returning (because it was relinquished lol) the north to Dathcom and the company currently being an applicant for the entirety of PE13559. Which I agree with for the effect of the decrees but once again for the haters, it wasn’t the MoM’s decree that was the basis for the relinquishment under the mining code, it was the waiver.
So, if the waiver wasn’t photoshopped or done under duress then it was submitted by free will by Dathcom under the false pretence of the north being automatically given back to Dathcom under a renewal. This guarantee was obviously given by mon ami Mupande as hinted by Nigel at the 2022 AGM when he was asked ‘issue that mines director said we hadn’t done the work on the northern tenement area, and shouldn’t get the north? and he replied ‘That’s not within the mining code. So, 13359 should be retained in its entirety. However, the northern area may need to come under a separate exploration tenement, even though that’s not the established process’. But what AVZ likely verbally agreed to is extremely different to what the legal effect of submitting a waiver is under the mining code.
Also, there is no mention at all in decree 00032 (not 00031 you have them the wrong way around) about ‘unrealised promises and false pretence’. The reasoning given in 00032 was ‘the appeal of Cominiere in its letter referenced December 7 AND that the partial waiver of 13359 by the company Dathcom (HINT HINT) was made in defiance of the opinion of the minority shareholders of this company and causes continuing tensions between them’.
Now normally I would provide all of the documents supporting my case but I’ve already posted them on this forum numerous times. Perhaps someone can cOpY aNd PaStE them from one of the literally hundreds of posts I have done here where I explain the various issues faced by AVZ in my own words often times before the company decided to change its mates club policy to disclosure and inform its shareholders regarding contentious matters lmfao
The main reason I have been so brash in this assessment about the north is because I want someone to prove me wrong. There have been numerous times I have been wrong and unlike others around here I will always put my hand up and admit it if it is proven using source documents and legislation. The defining rebuttal of this argument if it exists could be used to rub the noses of AVZ’s adversaries in the fact they have no claims to the north and I personally think that would be really handy to have if available to post on the key decision makers social media accounts rather than aggressively pushing, without evidence, deranged conspiracy theories that contradict each other as well as reality.
Because I have tried to prove their claims about the north wrong myself. But unfortunately, the only conclusion that can be deduced from documents available to the public imo is that, and it absolutely pains me to say it because he is a corrupt scumbag, Jabba the Hutette's sugar daddy is absolutely correct with what he says regarding the north in the following tweets.
My last delisting was IsignThis (ISX) when they voluntary delisted in October 2022.
