Carlos Danger
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Yeah defo this is all orchestrated by Mupande / Cominiere / Zijin due to snacksMy personal view Carlos is that there was collusion, deception and manipulation by Cominiere and CAMI in the whole process of the separation of the north and south of the tenement and I believe that is an issue that DLA Piper is aware of
But I think the legal matter in question is the fact that Cominiere violated AVZ’s FROR > AVZ said we have the FROR > Cominere lied and said AVZ didn’t make an offer (you have previously showed the evidence that we did make an offer) > Cominiere went ahead and illegally sold 15% of Dathcom to Jin Cheng (for $120million less than its value)
> AVZ said that’s illegal and Jin Cheng is not a shareholder > So Cominiere said AVZ is not cooperating with the JV partners so we are terminating the JV > Cominiere seizes the project, then tells CAMI that all PR13359 is now up for grabs
> CAMI says okay, our corrupt plan is in motion, time to form that JV with Zijin and take CDL, Camp Colline and the Mpiana Mwanga power plant
Of course everything thing they colluded to do is illegal and gradually the ICC arbitration cases we are winning is adding weight to the ICSID case.
As I said before to BEISHA, I personally think the matter is best dealt with by DLA Piper in arbitration. I’ve just tried to simplify what I feel has happened, but I always appreciate your support and your more youthful and well researched commentary Carlos.
AVZ has always said they were willing to drop the arbitration and negotiate a fair settlement, but it’s the corrupt DRC officials who took bribes from Zijin that don’t want a fair settlement, so in the words of AVZ
View attachment 72111
Slightly different timeline of events regarding the FROR tho
21/7/21 - Cominiere write to AVZ asking for an ‘opinion’ on their intent to sell the 15% to Zijin
4/8/21 - AVZ reply to Cominiere saying yo dipshits we have FROR what is the price we want to buy (This is within the 40 day time limit outlined in Article 9.1 (b) of the Dathcom JVA)
Crucially Cominiere never reply because they are too busy snacking
30/8/21 - 40 day time limit expires
The purported acquisition of the 15% by Zijin is then approved and registered in the RCCM (I don’t know the exact date this occurred but it was sometime in September 2021 according to Zijin)
20/9/21 – AVZ submits offer to purchase the 15% from Cominiere to the MoP at the market valuation of $154m USD established in the DFS which is to be done in a split of cash and AVZ shares (The date of 2071 shown is obvs a translation issue the original doc shows 2021)
Don’t forget this old chestnut too which is the basis for everything that has happened regarding 15775 imo although all events post the Dathcom JVA purported termination is irrelevant legally as it should have gone through the ICC which is what AVZ are talking about in the screenshot you posted but I have said that many times. If the Dathcom relinquishment is valid the northern section should have gone through the tender process outlined in the mining code which never occurred even with Cominiere's relinquishment for Manono Lithium.
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