I think this is exactly what's on the cards, the corroborating evidence against them is to strong for them even to consider letting the case ride. Saving face strategy it appears to me.
AVZ Discussion 2022
- Thread starter GazDix
- Start date
TDITD
Top 20
Reading that Ann that was exactly what I said…..although I included his middle name
Bray
Regular
What are the aims of case management?
The key objective of case management is to reduce costs and delay so that there are:- fewer issues in contest
- in relation to those issues, no greater factual investigation than justice requires
- as few interlocutory applications as necessary for the just and efficient disposition of matters.
- Zinjin to admit defeat
- AVZ to win proceedings, obtain ML and get on with mining
Frederick Will
Member
That's a given
Sammy_da_Smile
Regular
Very confused in this Ann they have chosen to comment on boatman's report from months ago? Why is this? Seems odd to bring it back up after it was all forgotten? What has triggered such a response to this nonsense now?
Edit: takes a few reads for it to sink in, I see they are possibly looking at misconduct and possibly a short selling campaign.
As for arbitration, we are simply carrying on as per the process, so no surprise there.
Edit: takes a few reads for it to sink in, I see they are possibly looking at misconduct and possibly a short selling campaign.
As for arbitration, we are simply carrying on as per the process, so no surprise there.
CeckRaiseFold
Regular
Agree, DRC still needs Zijin, Zijin needs DRC and AVZ&Zijin do not want to burn their bridges either, this is a nice way to 'settle' dispute through a third party without heavy hand from IGF / DRC courts. Notice how little space this takes on the announcement, just 4 lines before launching into 3 pages on Boatman. That tells me there's nothing to see here.
Xerof
Biding my Time 1971
Boatman report was so full of shit, they have decided to respond to falsities on social media - see their statement at the end of the announcement - policy is we don't respond, unless we respond
Agree re ICC
oxxa23
Regular
Commenting on boatman actually makes me think they are in deed a chance of relisting in the coming week or two... a massive shot across their bow.... don't fark with us when we relist or you'll feel the wrath...
Sammy_da_Smile
Regular
Yeh I guess, from all the misleading info we have seen, the boatman report was extensive. To respond to them in a way squashes all the rest and provides.
Sammy_da_Smile
Regular
interesting read on the infamous Simon Cong!
In relation to Dathomir, Dathcom dealings and the court case.
Just posted on the Bird by MR Frank Fwamba
In relation to Dathomir, Dathcom dealings and the court case.
Just posted on the Bird by MR Frank Fwamba
Last edited:
Azzler
Top 20
Yes this is my read on the Boatman thing.
If they want to litigate against them, they would send this to boatmans layer.
But we get a public anouncement calling out all Boatmans bullshit.
Using words like "Investigating".
It seems like they're about to open up, and it's a warning to any short campaign if they use false or misleading information.
The Zijin thing is puzzling, slightly concerning. Only slightly.
I think it's more about saving face, settling things in a friendly manner, it's just business at the end of the day.
I saw that release from Momentum Lawyers, I can't imagine any circumstance where they would be so hopeless that they claimed victory without being certain about it.
God knows honestly, this should be a TV series.
Hi all,
I am very happy that they finally took the time to contend Boatman's allegations.
Now we have it from the company that everything is bullshit. Not just a sentence but arguments and explanations.
Surely they must have waited to be rock solid to publish.
Next week will be interesting I am sure.
I am not surprised that arbitration is not cancelled yet.
Dopi
I am very happy that they finally took the time to contend Boatman's allegations.
Now we have it from the company that everything is bullshit. Not just a sentence but arguments and explanations.
Surely they must have waited to be rock solid to publish.
Next week will be interesting I am sure.
I am not surprised that arbitration is not cancelled yet.
Dopi
D
Deleted member 2428
Guest
How so, is this the beginning of a stream of good announcements? Smells like more months of delays to me
FFS!!!Jesus Christ, frickin shit show just goes on and on….
Ground Hog day .
Azzler
Top 20
I saw this too and thought the same thing, however it doesn't gel with the information we've been getting on this forum.
We'll soon know. 15th would be fucking great
LimitedEdition63
Regular
Yes just looked, no change
The Fox
Regular
In the interim for some wanting comments around the recent announcement....some reported news....
Simon Cong, owner of the "Fleuve Congo Hotel", was received in the Democratic Republic of Congo (DRC) and graciously benefited as a manna from the opportunity to develop his business there and to put together with the Government a partnership company called "DATHCOM MINING SAS", under the Kabila regime in order to develop Manono's Lithium project. He is also the shareholder behind the company "DATHOMIR INTERNATIONAL CORP" which is now the sole shareholder of his company "DATHOMIR" according to the documents to which our investigators had access as much as the Inspector General of Finance (IGF).
Six of the concessions in the sample included in the 45-page Global Witness Report entitled "RENEWABLE ENERGY, WHAT DOES IT COST? Dive into the emerging Congolese lithium sector, including Manono's Dathcom Mining project (on PR13359) and one of Tantalex's concessions (PR13698), are or have been owned in part or acquired from companies associated with Cong Maohuai in a way to be requested by the Congolese government with civil society.
The Chinese Cong Maohuai also led Dathomir Mining Resources Sarlu, one of the partners of the joint venture Dathcom Mining SA with Cominière and AVZ until September 2021 according to internal documents. Dathomir Mining Resources Sarlu is 100% owned by Dathomir Internationa Corp., represented by Mr. Cong. According to information received from consistent credible sources, Dathomir Mining Resources Sarlu was registered as the main shareholder of AVZ in the company's 2018 and 2017 annual reports. A year later, in AVZ Minerals' 2019 annual report, Dathomir Mining Resources Sarlu is no longer among the top 20 shareholders of AVZ Minerals for obvious reasons.
According to several sources and documents, it is established that Simon Cong Maohuai worked, in the five-month period between the establishment of the joint venture and the purchase of the majority of the shares by AVZ Minerals, as a representative of Dathomir Mining Resources Sarlu and briefly as President of Dathcom Mining SAS.
In the case pending before the Court of Appeal, Mr. Cong Maohuai and his company pursued his own joint venture with the Congolese State Dathcom Mining SA (partnership and also an important project of the Government and Cominière):
THE FACTS OF THE CASE ENROLLED UNDER RPA 7610 AT THE LUBUMBASHI COURT OF APPEAL IN HAUT- KATANGA
On September 16, 2021, Simon Cong, through his company Dathomir Mining Resources Sarlu, an outgoing shareholder of the Dathcom Mining SA partnership company after selling all his shares received free of charge from Cominière, had seized on "Direct Quote" the High Court of Haut-Katanga in Lubumbashi to prosecute the poor clerk of the Single Window for "false and use He also sued the Chief Executive Officer of the said company in which he claims to be a shareholder through his company Dathomir Mining Resources Sarlu for "Complicité" for updating the company's databases after the sale by Dathomir Mining Resources Sarlu of its shares to the majority shareholder AVZ International Ltd and, more seriously, to have the state partnership company sentenced to several tens
According to Dathcom Mining's investigations and lawyers, while the hearing was scheduled for December 22, 2022, Dathcom to protect itself had requested the "Donated Act" to suspect the said Lubumbashi High Court, the evidence of which had indicated suspicious activities with Mr. Cong and his people. The Court of Cassation in Kinshasa had approved and acted but miraculously, as in a lawless state, the Chief Registrar who had to deliver the "Given Act" with a view to filing it before the Court of First Instance in Lubumbashi to block this procedure and have it transferred to another jurisdiction that would have allowed a fair justice respecting the rights of the parties and a fair judicial fight
What seems to have already been prepared had happened and the Lubumbashi High Court rendered a judgment described as "not only iniquitous but unthinkable" by Dathcom's counsel by condemning:
1. Clerk PAPALAS MUSAGI WABULASA (Principal Author) sentenced with admission of mitigating circumstances to 12 months of main Criminal Servitude with a 12-month suspended sentence and a fine of 200,000 Congolese Francs. In the absence of payment within the legal period, he will undergo 10 days of subsidiary criminal servitude with condemnation to the payment of a symbolic franc as damages for the benefit of Mr. Cong's Dathomir company.
2. The Chief Executive Officer of Dathcom (A Accomplice according to the complaint), Graeme Johnston, was sentenced by default (because he had been absent from the country due to COVID for more than two years), to 3 years of main criminal servitude with immediate arrest and a fine of 200,000 Congolese Francs. This is where scandal and suspicion hold.
3. The company Dathcom (in which Dathomir was supposed to be a shareholder and bearer of the Manono project, whose state is entitled to 10%, Cominière is a shareholder and the people of Manono are waiting for the benefits), was recognized civilly responsible for the payment of the sum of US$ 50,000,000 (Fifty million US dollars) payable in Congolese Francs A second scandal in favor of a Chinese who graciously had everything from Cominière in Dathcom but who earns millions of dollars on the back of the Republic in complicity with certain citizens and institutions of the country. This is not possible for a Congolese in China or under other skies.
This decision described as "ineal" by several Congolese observers and lawyers issued on December 24, 2021, just two days after the hearing and without having received the pleading notes from the defense in particular of the company of the Dathcom partnership, was rendered by the magistrates NDUME RUGADJO Patrick (President of the Chamber), MALANGU MUDIFIDI (judge) and NGOIE She had discredited justice, because it was the first time that not only was the accomplice punished for 3 years, which is stronger than the main author who was 12 months suspended for 12 months with mitigating circumstances; she undermined the efforts of just justice and a rule of law wanted by Head of State Félix-Antoine Tshisekedi and for whom he has been fighting every day
Through this judgment Dathomir and his owner Simon Cong had shown contempt not only for the Congolese people who had given them the opportunity to come and do business in the Democratic Republic of Congo under the previous regime but, in addition to condemning the Dathcom partnership company created to manage Manono's project, they wanted the Congolese people, the public company Cominière and the Government of The conviction of Dathcom implies that those who will pay this sum on behalf of the company to Mr. Cong are the following shareholders: Congolese State, AVZ International, Dathomir (Mr. Cong's company) and Cominière SA who helped this Chinese earn several tens of millions of US dollars thanks to Dathomir and other partnership projects without knowing to date what he
In view of these facts, Her Excellency the Minister of Justice and Keeper of the Seals, reacted vigorously by condemning these judgments and instructing the prison service to open an investigation to establish responsibilities by her letter under No. R271/RKM/111/APP/CAB/ME/MIN/J and GS/2022 of February 1, 2022, ordering the General Inspectorate of the
Despite the reaction and disapproval of the boss of justice in the country, Mr. Simon Cong will still challenge the Congolese State and especially the efforts of the President of the Republic and Head of State, the Congolese government and the population of Manono by taking up the case in question on appeal under RPA 7610 while the company Dathcom is waiting for its notification miraculously and illegally Dollars).''
It is urgent to wonder by what miracle and on the basis of which law the judges of the Court of Cassation refused to render their decision to "Give act" in order to allow Dathcom Mining to suspect the Court of Appeal of Lubumbashi as provided for by the law? How and why did judges not come individually to the composition to make the pronouncement? According to Cabinet Momentum contacted by investigators advising Dathcom Mining, of the more than 28 cases taken for deliberation, 26 cases had been pronounced and only the two cases of its client remained without any pronouncement. Who prevents Dathcom from defending itself loyally and why? Just justice and the rule of law are put to the test by a foreigner who has earned his victim more than he gave him, without giving him anything known traceable by the IGF in his report on Cominière.
Simon Congo challenges the Head of State and wants to impose himself as the king of lithium and get paid a lot of money
While all eyes are on the leadership of His Excellency Mr. President who is more concerned about the start-up of the project and the situation of the Manono people, Dathomir after regularly selling his shares to AVZ, changes his position after leaving the Feasibility Study that raised the interest of the project by everyone.
The release of the said Feasibility Study having changed his point of view, Dathomir of the Chinese Simon Cong decided to prosecute his own company without worrying that he will charge the Congolese State, the Comière (its two benefactors) and AVZ International for the US $50 million he claims from Dathcom Mining.
As a reminder, AVZ had regularly paid Dathomir (by Simon Cong) more than 240 million shares in the company AVZ Minerals in which it is represented to date by its company Dathomir International, which had earned a lot of money through sales as also indicated in the Global Witness report mentioned above.
The DRC has allowed Mr. Cong to win juicy contracts, he is involved in several mining concessions in Manono including through companies such as MINOCOM with links with TANTALEX as well as more than six mining concessions since the past regime.
For some time now, it has been against the will of the Head of State to see the project started as quickly as possible that Mr. Cong and his company Dathomir have been using unsuitable maneuvers to make him pay more after the sale by using justice through trials that do not respect the rights of the defense or the laws of the country.
The media and organizations of the Civil Society member of the Coalition "the DRC and its people first" call on the IGF to thoroughly investigate the involvement of this Chinese citizen in the sale of state mining property at Cominière, including the operations to obtain Research Permits PR 12436, 12449 and 12450. Because after the publication of the IGF report on Cominière, the Congolese do not understand how He managed to escape legal actions. Would this gentleman be protected by certain high-ranking personalities taunting the country's higher authorities and allowing him to taunt an entire country? It takes investigations of state institutions, including those of the APLC and the National Assembly.
For some organizations of the Civil Society of Lubumbashi and Kinshasa that are also investigating this issue, "Simon Cong completely cares about the people of Manono and multiplies maneuvers by using justice to enrich themselves more than the Congolese state that owns the mining assets for which he is made of the beast."
During the workshop organized last August at CEPAS on the Lithium of the DRC by CERN-CENCO, participants, including those from the Ministry of Mines, had mentioned that Mr. Cong, through his company Dathomir Mining Resources Sarlu, was to contribute by a share to the Manono Lithium project in Dathcom Mining SA; all the participants in this CEPAS workshop had learned
While this country has given him everything and offered opportunities for good people on a regular basis, it is established today, given his legal actions in Lubumbashi mentioned above, that Mr. Cong is one of the people who block the development of the Manono Lithium project and that of the country in favor of the interests of a group to be quickly identified and exposed according to the call of the President
An investigation conducted by Congo Nouveau, Le Socle, Econews, RCEN, Le Leader, Mining News Magazine, the "All for the DRC" coalition for the Consrtium "The DRC and its people first".
Simon Cong challenges the Head of State, mocks the Congolese government and stuns Cominière through a case that goes to the Lubumbashi Court of Appeal
15 hours ago admin
Simon Cong, owner of the "Fleuve Congo Hotel", was received in the Democratic Republic of Congo (DRC) and graciously benefited as a manna from the opportunity to develop his business there and to put together with the Government a partnership company called "DATHCOM MINING SAS", under the Kabila regime in order to develop Manono's Lithium project. He is also the shareholder behind the company "DATHOMIR INTERNATIONAL CORP" which is now the sole shareholder of his company "DATHOMIR" according to the documents to which our investigators had access as much as the Inspector General of Finance (IGF).
Six of the concessions in the sample included in the 45-page Global Witness Report entitled "RENEWABLE ENERGY, WHAT DOES IT COST? Dive into the emerging Congolese lithium sector, including Manono's Dathcom Mining project (on PR13359) and one of Tantalex's concessions (PR13698), are or have been owned in part or acquired from companies associated with Cong Maohuai in a way to be requested by the Congolese government with civil society.
The Chinese Cong Maohuai also led Dathomir Mining Resources Sarlu, one of the partners of the joint venture Dathcom Mining SA with Cominière and AVZ until September 2021 according to internal documents. Dathomir Mining Resources Sarlu is 100% owned by Dathomir Internationa Corp., represented by Mr. Cong. According to information received from consistent credible sources, Dathomir Mining Resources Sarlu was registered as the main shareholder of AVZ in the company's 2018 and 2017 annual reports. A year later, in AVZ Minerals' 2019 annual report, Dathomir Mining Resources Sarlu is no longer among the top 20 shareholders of AVZ Minerals for obvious reasons.
According to several sources and documents, it is established that Simon Cong Maohuai worked, in the five-month period between the establishment of the joint venture and the purchase of the majority of the shares by AVZ Minerals, as a representative of Dathomir Mining Resources Sarlu and briefly as President of Dathcom Mining SAS.
In the case pending before the Court of Appeal, Mr. Cong Maohuai and his company pursued his own joint venture with the Congolese State Dathcom Mining SA (partnership and also an important project of the Government and Cominière):
THE FACTS OF THE CASE ENROLLED UNDER RPA 7610 AT THE LUBUMBASHI COURT OF APPEAL IN HAUT- KATANGA
On September 16, 2021, Simon Cong, through his company Dathomir Mining Resources Sarlu, an outgoing shareholder of the Dathcom Mining SA partnership company after selling all his shares received free of charge from Cominière, had seized on "Direct Quote" the High Court of Haut-Katanga in Lubumbashi to prosecute the poor clerk of the Single Window for "false and use He also sued the Chief Executive Officer of the said company in which he claims to be a shareholder through his company Dathomir Mining Resources Sarlu for "Complicité" for updating the company's databases after the sale by Dathomir Mining Resources Sarlu of its shares to the majority shareholder AVZ International Ltd and, more seriously, to have the state partnership company sentenced to several tens
According to Dathcom Mining's investigations and lawyers, while the hearing was scheduled for December 22, 2022, Dathcom to protect itself had requested the "Donated Act" to suspect the said Lubumbashi High Court, the evidence of which had indicated suspicious activities with Mr. Cong and his people. The Court of Cassation in Kinshasa had approved and acted but miraculously, as in a lawless state, the Chief Registrar who had to deliver the "Given Act" with a view to filing it before the Court of First Instance in Lubumbashi to block this procedure and have it transferred to another jurisdiction that would have allowed a fair justice respecting the rights of the parties and a fair judicial fight
What seems to have already been prepared had happened and the Lubumbashi High Court rendered a judgment described as "not only iniquitous but unthinkable" by Dathcom's counsel by condemning:
1. Clerk PAPALAS MUSAGI WABULASA (Principal Author) sentenced with admission of mitigating circumstances to 12 months of main Criminal Servitude with a 12-month suspended sentence and a fine of 200,000 Congolese Francs. In the absence of payment within the legal period, he will undergo 10 days of subsidiary criminal servitude with condemnation to the payment of a symbolic franc as damages for the benefit of Mr. Cong's Dathomir company.
2. The Chief Executive Officer of Dathcom (A Accomplice according to the complaint), Graeme Johnston, was sentenced by default (because he had been absent from the country due to COVID for more than two years), to 3 years of main criminal servitude with immediate arrest and a fine of 200,000 Congolese Francs. This is where scandal and suspicion hold.
3. The company Dathcom (in which Dathomir was supposed to be a shareholder and bearer of the Manono project, whose state is entitled to 10%, Cominière is a shareholder and the people of Manono are waiting for the benefits), was recognized civilly responsible for the payment of the sum of US$ 50,000,000 (Fifty million US dollars) payable in Congolese Francs A second scandal in favor of a Chinese who graciously had everything from Cominière in Dathcom but who earns millions of dollars on the back of the Republic in complicity with certain citizens and institutions of the country. This is not possible for a Congolese in China or under other skies.
This decision described as "ineal" by several Congolese observers and lawyers issued on December 24, 2021, just two days after the hearing and without having received the pleading notes from the defense in particular of the company of the Dathcom partnership, was rendered by the magistrates NDUME RUGADJO Patrick (President of the Chamber), MALANGU MUDIFIDI (judge) and NGOIE She had discredited justice, because it was the first time that not only was the accomplice punished for 3 years, which is stronger than the main author who was 12 months suspended for 12 months with mitigating circumstances; she undermined the efforts of just justice and a rule of law wanted by Head of State Félix-Antoine Tshisekedi and for whom he has been fighting every day
Through this judgment Dathomir and his owner Simon Cong had shown contempt not only for the Congolese people who had given them the opportunity to come and do business in the Democratic Republic of Congo under the previous regime but, in addition to condemning the Dathcom partnership company created to manage Manono's project, they wanted the Congolese people, the public company Cominière and the Government of The conviction of Dathcom implies that those who will pay this sum on behalf of the company to Mr. Cong are the following shareholders: Congolese State, AVZ International, Dathomir (Mr. Cong's company) and Cominière SA who helped this Chinese earn several tens of millions of US dollars thanks to Dathomir and other partnership projects without knowing to date what he
In view of these facts, Her Excellency the Minister of Justice and Keeper of the Seals, reacted vigorously by condemning these judgments and instructing the prison service to open an investigation to establish responsibilities by her letter under No. R271/RKM/111/APP/CAB/ME/MIN/J and GS/2022 of February 1, 2022, ordering the General Inspectorate of the
Despite the reaction and disapproval of the boss of justice in the country, Mr. Simon Cong will still challenge the Congolese State and especially the efforts of the President of the Republic and Head of State, the Congolese government and the population of Manono by taking up the case in question on appeal under RPA 7610 while the company Dathcom is waiting for its notification miraculously and illegally Dollars).''
It is urgent to wonder by what miracle and on the basis of which law the judges of the Court of Cassation refused to render their decision to "Give act" in order to allow Dathcom Mining to suspect the Court of Appeal of Lubumbashi as provided for by the law? How and why did judges not come individually to the composition to make the pronouncement? According to Cabinet Momentum contacted by investigators advising Dathcom Mining, of the more than 28 cases taken for deliberation, 26 cases had been pronounced and only the two cases of its client remained without any pronouncement. Who prevents Dathcom from defending itself loyally and why? Just justice and the rule of law are put to the test by a foreigner who has earned his victim more than he gave him, without giving him anything known traceable by the IGF in his report on Cominière.
Simon Congo challenges the Head of State and wants to impose himself as the king of lithium and get paid a lot of money
While all eyes are on the leadership of His Excellency Mr. President who is more concerned about the start-up of the project and the situation of the Manono people, Dathomir after regularly selling his shares to AVZ, changes his position after leaving the Feasibility Study that raised the interest of the project by everyone.
The release of the said Feasibility Study having changed his point of view, Dathomir of the Chinese Simon Cong decided to prosecute his own company without worrying that he will charge the Congolese State, the Comière (its two benefactors) and AVZ International for the US $50 million he claims from Dathcom Mining.
As a reminder, AVZ had regularly paid Dathomir (by Simon Cong) more than 240 million shares in the company AVZ Minerals in which it is represented to date by its company Dathomir International, which had earned a lot of money through sales as also indicated in the Global Witness report mentioned above.
The DRC has allowed Mr. Cong to win juicy contracts, he is involved in several mining concessions in Manono including through companies such as MINOCOM with links with TANTALEX as well as more than six mining concessions since the past regime.
For some time now, it has been against the will of the Head of State to see the project started as quickly as possible that Mr. Cong and his company Dathomir have been using unsuitable maneuvers to make him pay more after the sale by using justice through trials that do not respect the rights of the defense or the laws of the country.
The media and organizations of the Civil Society member of the Coalition "the DRC and its people first" call on the IGF to thoroughly investigate the involvement of this Chinese citizen in the sale of state mining property at Cominière, including the operations to obtain Research Permits PR 12436, 12449 and 12450. Because after the publication of the IGF report on Cominière, the Congolese do not understand how He managed to escape legal actions. Would this gentleman be protected by certain high-ranking personalities taunting the country's higher authorities and allowing him to taunt an entire country? It takes investigations of state institutions, including those of the APLC and the National Assembly.
For some organizations of the Civil Society of Lubumbashi and Kinshasa that are also investigating this issue, "Simon Cong completely cares about the people of Manono and multiplies maneuvers by using justice to enrich themselves more than the Congolese state that owns the mining assets for which he is made of the beast."
During the workshop organized last August at CEPAS on the Lithium of the DRC by CERN-CENCO, participants, including those from the Ministry of Mines, had mentioned that Mr. Cong, through his company Dathomir Mining Resources Sarlu, was to contribute by a share to the Manono Lithium project in Dathcom Mining SA; all the participants in this CEPAS workshop had learned
While this country has given him everything and offered opportunities for good people on a regular basis, it is established today, given his legal actions in Lubumbashi mentioned above, that Mr. Cong is one of the people who block the development of the Manono Lithium project and that of the country in favor of the interests of a group to be quickly identified and exposed according to the call of the President
An investigation conducted by Congo Nouveau, Le Socle, Econews, RCEN, Le Leader, Mining News Magazine, the "All for the DRC" coalition for the Consrtium "The DRC and its people first".
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