The Commercial and Mining Company of Congo (COMINIERE) has rejected in its entirety the allegations made by the Congolese Association for Access to Justice (ACAJ) during a media release dated March 5, 2022 on the case which the opposed to MMCS.
During a press conference held this Saturday, March 12 in Kinshasa, to shed light on this issue, Maître Paupol Mwamba, COMINIERE's lawyer, indicated that the company whose interests he defends had fulfilled all its contractual obligations. vis-à-vis the MMCS company.
"You followed on March 5, the Coordinator of the Congolese Association for Access to Justice (ACAJ) held a press briefing during which he made certain statements that were not true in the dispute between COMINIERE SA and MMCS," said Maître Paupol Mwamba.
According to him, if the operating license number 12 222 has been lost, the fault lies with the Manomin company, which made commitments to maintain in validity, in accordance with the obligations of the contract, the operating license which been ceded, something that the latter was unable to achieve.
According to COMINIERE's counsel, the information from the Congolese Association for Access to Justice is not only unfounded but also does not provide any truth to the reality of the situation.
"During the said press briefing, the latter had affirmed that the company COMINIERE had not fulfilled its obligations under the joint venture contract concluded on September 16, 2013 with MMCS, which is not true. COMINIERE had fulfilled all its obligations, including the obligation incumbent upon it to transfer operating permit 12222 to the joint company Manono which was created. But this license was lost following the fault committed by Manamin which was under the management of the company MMCS Stratégique", he indicated.
For Mr. Paupol Mwamba, his client, in this case the COMINIERE company, suffered enormous damage following the non-compliance with the obligations by the Manomin company.
"On the contrary, COMINIERE suffered enormous damage. Manomin had guaranteed to COMINIERE by the majority company which is MMCS. He had guaranteed to keep valid, in accordance with the obligations of the contract, the operating permit assigned to him and this was not done. The permit was lost and Manomin was stripped of his rights. ", he explained.
Regarding the payment of five (5) million doorsteps, Mr. Paupol Mwamba indicated that it is a legal and contractual obligation. This is how the two parties agreed and it is not a fraudulent maneuver.
With regard to the investment of 11 million to which the ACAJ referred, it is expressed in these terms:
"We are going to comply with the contract that was signed between the parties which stipulates that for any investment greater than 500,000 USD, the two parties to the contract had to meet around a management council during which all these investments had to be decided. . So we want to have the report of this management board which decided on this investment of 11 million USD", he informs.
For the COMINIERE company, the assertions raised by the ACAJ according to which this Congolese company ran the risk of being condemned to pay millions of dollars in damages and interests, that has no reason to exist, because the cancellation of the contract occurred following non-compliance with the terms by the Manomin company.
Consequently, the Congolese Government does not have to enter into negotiations with the two parties to the contract, in its view, since it was it that withdrew the same license bearing the number 12222 which had been granted to the Manomin.
Mitterrand MASAMUNA