A bit of Sunday reading.
Found this item from 09/09/22.
Had one mistake in it, the date of court case wasn't 22/12/22, but 22/12/21.
Dunno if this was posted before, but it gives some insight.
If only half of the rumours are true, the real honest Congolese people must be ashamed of their representatives, who without any feeling of guilt, or eye blinking just have been stealing from the common community, if it was their God given right to behave like that and helped Cong to operate like this and still do.
No wonder there are so many organisations trying to highlight this....
At the center of a nebula: Simon Cong, the new Congolese mining magnate, before the Lubumbashi Court of Appeal
September 9, 2022 TIGHANA MASIALA Economy ,
NEWS FEED
Simon Cong, owner of the ''Fleuve Congo Hôtel'', was received in the Democratic Republic of Congo (DRC) and graciously benefited from the manna of 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 to develop the Manono Lithium project. He is also the shareholder behind the company ''DATHOMIR INTERNATIONAL CORP'' which is today 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 IT COST?A dive into the emerging Congolese lithium sector, of which Manono's Dathcom Mining project (on PR13359) and one of Tantalex's concessions (PR13698), are or have been partly owned or acquired from companies associated with Cong Maohuai so as to be investigated by the Congolese government with civil society.
Chinese Cong Maohuai also led Dathomir Mining Resources Sarlu, one of the partners in the Dathcom Mining SA joint venture 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 concurring credible sources, Dathomir Mining Resources Sarlu was recorded as the main shareholder of AVZ in the company's 2018 and 2017 annual reports.A year later, in the 2019 annual report of AVZ Minerals, 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 exercised, in the period of five months which had elapsed between the establishment of the joint venture and the purchase of the majority of the shares by AVZ Minerals, as representative of Dathomir Mining Resources Sarlu and briefly as Chairman 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 company and also an important project of the Government and Cominière).
The facts of the case registered under RPA 7610 at the Court of Appeal of Lubumbashi
On September 16, 2021, Simon Cong, through his company Dathomir Mining Resources Sarlu, outgoing shareholder of the partnership company Dathcom Mining SA after having sold all his shares received free of charge from Cominière, had seized on "direct summons" the Court of Grande Instance du Haut-Katanga in Lubumbashi with a view to prosecuting the poor clerk of the Single Window for "forgery and use of forgery" for having regularly and legally carried an official seal on the register of shares, not of the counter but of the company Dathcom Mining SA.He also sued the Managing Director of the said company in which he claims to be a shareholder through his company Dathomir Mining Resources Sarlu for "complicity" in having updated the company's databases after the sale by Dathomir Mining Resources Sarlu of his actions to the majority shareholder AVZ International Ltd and, more seriously, to condemn the state partnership company to several tens of millions of US dollars.
According to the investigations and the lawyers of Dathcom Mining, while the hearing had been scheduled for December 22, 2022, the company Dathcom to protect itself had requested the "given act" in order to suspect the said Tribunal de Grande Instance of Lubumbashi whose elements evidence had indicated suspicious activity with Mr. Cong and his people. The Court of Cassation in Kinshasa had approved and acted but miraculously, as in a state of lawlessness, the Chief Registrar who was to issue the "Given act" in order to file it before the Tribunal de Grande Instance in Lubumbashi for blocking this procedure and having it transferred to another jurisdiction which would have allowed fair justice respecting the rights of the parties and a fair legal fight did not.
What seems to have already been prepared had happened and the Tribunal de Grande Instance of Lubumbashi rendered a judgment described as "not only unfair but unthinkable" by Dathcom's counsel, condemning:
- The clerk PAPALAS MUSAGI WABULASA (Principal Author) sentenced with admission of mitigating circumstances to 12 months of main penal servitude suspended for 12 months and a fine of 200,000 Congolese Francs. Failing payment within the legal period, he will suffer 10 days of subsidiary penal servitude with condemnation to the payment of a symbolic franc as damages for the benefit of the Dathomir company of Mr. Cong.
- The managing director of the company Dathcom (accomplice according to the complaint), Graeme Johnston, was sentenced in absentia (because he had been absent from the country due to COVID for more than two years), to three years of main penal servitude with immediate arrest and to a fine of 200,000 Congolese Francs. This is where the scandal and suspicion hold.
- The Dathcom company (in which Dathomir was supposed to be a shareholder and bearer of the Manono project, of which the State is entitled to 10%, Cominière is a shareholder and the people of Manono are awaiting the benefits), was found to be civilly liable for the payment of the sum of 50,000,000 US dollars (Fifty million US dollars) payable in Congolese Francs. A second scandal in favor of a Chinese who got everything graciously from Cominière in Dathcom but who earns millions of dollars on the back of the Republic in complicity with certain citizens and certain institutions of the country. This is not possible for a Congolese in China or under other skies.
This decision, described as ''unfair'' by several Congolese observers and jurists, rendered on December 24, 2021, ie just two days after the hearing and without having received the defense pleadings, in particular from the partnership company Dathcom , had been rendered by magistrates NDUME RUGADJO Patrick (President of the Chamber), MALANGU MUDIFIDI (judge) and NGOIE TSHIKALA (judge) with the assistance of MENDA KONJI (Officer of the Public Prosecutor's Office). She had thrown a discredit on justice, because it was the first time that not only the accomplishment was punished by 3 years is stronger than the main author who was 12 with a suspended sentence of 12 months with extenuating circumstances;
Through this judgment Dathomir and its owner Simon Cong had shown contempt not only for the Congolese people who had given him the opportunity to come and do business in the Democratic Republic of Congo under the previous regime but, in addition, by condemning the company of Dathcom partnership created to manage the Manono project, they wanted the Congolese people, the public company Cominière as well as the Government of the Republic to be able to pay this famous Chinese 50 million US dollars. The conviction of the Dathcom company implies that those who will pay this sum on behalf of the company to Mr. Cong are the following shareholders: Congolese State, AVZ International,
In view of these facts, the Minister of State in charge of Justice and Keeper of the Seals had reacted energetically 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 judicial and penitentiary services to examine the facts and report to it.
Despite the reaction and disapproval of the patron saint 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 diligent the case in question on appeal under RPA 7610 while the Dathcom company awaits its notification miraculously and illegally blocked by the Mining Registry which nevertheless issued a favorable opinion, leading to a daily loss evaluated by the majority shareholder at "more than million dollars (and having lost more than $100 million to date).
It is urgent to ask by what miracle and on the basis of what law the judges of the Court of Cassation refused to render their decision to "act" in order to allow Dathcom Mining to suspect the Court of Appeal of Lubumbashi as does the law provide ? How and why did judges not appear individually at the composition to deliver the verdict? According to the Momentum firm contacted by the investigators advising Dathcom Mining, of the more than 28 cases taken under advisement, 26 cases had been pronounced and only the two cases of his client remained undecided. Who is preventing Dathcom from defending itself honestly and for what reason? Just justice and the rule of law are put to the test by a stranger who has earned more from his victim than he has given to him,
Simon Cong wants to establish himself as the king of lithium
While all eyes are on the leadership of His Excellency the President who is more concerned with the start of the project and the situation of the people of Manono, Dathomir after having regularly sold its shares in AVZ, changes position after the release of the Feasibility Study which raised everyone's interest in the project.
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 would charge the Congolese State, Cominière (his two benefactors) as well as AVZ International the 50 Million US dollars he is claiming from Dathcom Mining.
The DRC has allowed Mr. Cong to win juicy contracts, he is involved in several mining concessions in Manono including through companies like MINOCOM with links to TANTALEX as well as more than six mining concessions since the past regime.
For some time now, it has therefore 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 civil society organizations member of the Coalition "the DRC and its people first" call on the IGF to investigate in depth the involvement of this Chinese citizen in the selling off of state mining assets in Cominière whose 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 from legal action. Would this gentleman be protected by certain high-ranking personalities taunting the higher authorities of the country and allowing him to taunt an entire country? Investigations by state institutions are needed, including those of the APLC and the National Assembly.
For certain civil society organizations in Lubumbashi and Kinshasa which are also investigating this case, "Simon Cong does not give a damn about the people of Manono and multiplies maneuvers by using justice to enrich himself more than the Congolese State, which owns the assets mines for which butter is made".
During the workshop organized last August at CEPAS on Lithium in the DRC by CERN-CENCO, the participants, including those of the Minister of Mines, mentioned that Mr. Cong, through his company Dathomir Mining Resources Sarlu, was to contribute by a stake in the Manono Lithium project in Dathcom Mining SA;all the participants of this CEPAS workshop had learned and realized that to date this Chinese citizen has not contributed anything while he and his Dathomir have earned a lot of money using the country's mining concessions managed by Cominière SA .
While this country has given him everything and offered opportunities for regular good, 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 for the benefit of the interests of a group to be quickly identified and exposed according to the call of the President of the Republic of 2019 against all those who are suspected of maintaining anti-values in the DRC.
A survey carried out by Congo Nouveau, Le Socle, Econews, RCEN, Le Leader, Mining News Magazine, the coalition "All for the DRC" and the Consrtium "The DRC and its people first".