DBuanali post (with Geopolis article) on AVZ on Twitter and my reply
x.com
AVZ’s reply today to the article by DBuanali
Dossier » Lithium from MANONO": here is the right of reply of the company AVZ Minerals
Bygeopolismagazine.org
AUGUST 20, 2024
An article entitled "Alleged "Memorandum of Understanding on MANONO Lithium": the government of the DRC contradicts AVZ Minerals and supports the COMINIERE" was published in the magazine Géopolis on August 12, 2024
(
https://geopolismagazine.org/pretendu-protocole-daccord-sur-le-lithium-de-manono le-gouvernement-de-la-rdc-contredit-avz-minerals-et-apporte-son-soutien-a-la
cominiere/).
As part of its right of reply, AVZ wishes to rectify a number of untruths transcribed in the article written by journalist Mr. Dieudonné BUANALI.
First of all, it is necessary to denounce Cominière's denials of the existence of the measures ordered in the context of two arbitrations, one governed by the International Arbitration Court of the International Chamber of Commerce (ICC) and the other by the International Centre for the Settlement of Investment Disputes (IDRC).
A first order was issued on May 5, 2023 by the Emergency Arbitor in CCI Case No. 27720/SP/ETT(EA) under which Cominière was ordered to "not take any act and not to take any action that would result from the implementation of the termination of the amended JV Contract and/or the consequences of this termination".
Cominière having not complied with this order, a second order was issued against him by the same Emergency Arbitrator on November 15, 2023, instructing him not to take "any step to explore and exploit, directly or indirectly, the mining reserves within the perimeter of PR13359 and PR15775".
Cominière having persisted in its refusal to comply with these orders, it is under these conditions that under a Procedural Order No. 3 of January 16, 2023, the Arbitral Tribunal in the CIRDI case ordered the Democratic Republic of the Congo to:
- Reinstate Dathcom now as the holder of the current PR 13359 transformed into an operating permit, on the perimeter mentioned in Article 2 of Ministerial Decree No. 0921/CAB. MIN/MINES/01/2016 of 28 December 2016 but excluding the scope covered by PR 15775.
- Ask CAMI to rectify the mining fallout map to reflect Dathcom's ownership on PR 13359 on a perimeter excluding the perimeter covered by PR 15775, specifying that this permit is being transformed into an operating permit and remains valid.
- Take the necessary measures to guarantee the integrity of Dathcom facilities and equipment within the perimeter of PR 13359 as mentioned in Article 2 of Ministerial Decree No. 0921/CAB. MIN/MINES/01/2016 of December 28, 2016, but the exclusion from the perimeter covered by PR 15775, as well as the drill cores stored there, until Dathcom takes possession of these facilities, equipment and drill cores.
- Preserve the confidential nature of all technical, geological and mining information provided by Dathcom to the Ministry of Mines, Cominière and CAMI as part of its activities under PR 13359, on the entire perimeter of PR 13359 as mentioned in Article 2 of Ministerial Decree No. 0921/CAB. MIN/MINES/01/2016 of 28 December 2016 (including the perimeter covered by the PR 15775), taking all appropriate measures to this effect.
- Allow applicants within 19 days to draw up a contradictory inventory of the file kept by the CAMI relating to PR 13359 on the entire perimeter of the PR 13359, as mentioned in Article 2 of Ministerial Order No. 0921/CAB. MIN/MINES/01/2016 of December 28, 2016 (including the scope currently covered by PR 15775), until the date on which the application for PR 15775 was made and take a copy of this file.
- Refrain from taking, whether through its officials, bodies, emanations or companies (including Cominière, without prejudice to the nature of the links between the defendant and Cominière), any new act likely to call into question PR 13359 or lead to an aggravation of this dispute or to deprive the award of useful effect.
- Do not exclude Dathcom's access to the Mpiana power plant. The Arbitral Tribunal specified that these measures were mandatory and that they took effect immediately.
The Democratic Republic of the Congo (the defendant) has made a request for
withdrawal of points 156(1) and 156(2) of Order No. 3 but it was rejected by the Arbitral Court under its Procedural Order No. 4 of May 8, 2024: "thus firmly reaffirming its decision on the precautionary measures recommended in subsections 156(1) and 156(2) of Procedural Order No. 3, together with the conditions that weigh them, and reminds the defendant that it is required to implement them effectively and without delay. »
The fact that the order of May 5, 2023 was followed by three additional orders is a refutation of Cominière's claims that "there is no violation of the emergency measures ordered in arbitration".
It should be specified in this regard that the Emergency Arbitrator having attached his measures to a penalty of €50,000 per violation per day (as long as the violation persists), the total amount of the penalty payment that could be liquidated by the arbitral tribunal in CCI No. 27720/SP/ETT could be very significant (the said violations being multiple and now old).
The recklessness displayed by Cominière on the grounds that "the DRC recently filed a major brief of several hundred pages [...] supported by legal and technical experts before the IDRC court" is ill-intentional, the filing of its brief being only a normal step in the exchanges between the parties in the context of the arbitration proceedings.
This stage of the procedure cannot in any case justify the violations by Cominière and the Democratic Republic of the Congo of the measures pronounced against them.
Finally, the disinformation campaign conducted by Cominière against the AVZ Group, treating the latter in particular as "speculators", or that "everything is his fault" is part of a projection strategy whose objective is clearly to sapple any possibility for an amicable outcome of the dispute.
The position of denying the existence of talks is an element of this strategy.
However, it is in the interest of all stakeholders to put an end to expensive judicial and arbitral proceedings and to find common ground that allows the valorization of the resources of the Manono Project, it being recalled that it was the feasibility study of the company Dathcom Mining that has updated the potential of the mining resources of this project.
It is regrettable to have to exercise a right of reply to a press article that claims to want to "thwart" the "practice of false announcements of certain malette mining companies (sic!) "but which reveals the complacency of the journalist who refrained from inquiring about the position of the AVZ Group before publication.
Such remarks are an integral part of the disinformation campaign orchestrated by Cominière against the AVZ group.
For AVZ Minerals Ltd.
Rectification
Complacency of the journalist, no. It's false and very false.
We do not agree with these allegations. AVZ Minerals Limited, through its representation and/or advice in the Democratic Republic of Congo (DRC), has never given an interview to the press, nor responded to the verbal request for maintenance of the natural resources media Géopolis, founded in 2006.
Always refusals and promises. His advice and representations are inaccessible.
No participation also in mining forums such as Mining Indaba, DRC Mining Week, Workshops and Conferences to have them or snatch an interview from them on this file.
Where did their duty of accountability go?
Dans un droit de réponse, AVZ Minerals rectifie les allégations faites dans un article de Géopolis du 12 août 2024 concernant le lithium de Manono, et dénonce les violations des arbitrages par Cominière.
geopolismagazine.org
All I can say is those corrupt actors in the DRC and on X are getting really desperate now