Dathcom and Manono's lithium: COMINIERE's DG and DT in the sights of Justice
November 27, 2022 Faustin KUEDIASALA 0
Athanase Mwamba, DG ai of COMINIERE, the man by whom the whole mafia prospered within this Portfolio company
Better late than never, they say. Finally, the Congolese Justice decided to look into the serious indications of embezzlement contained in the last report of the IGF (General Inspectorate of Finances) in relation to the opacity which surrounded the sale of the shares of the company of the Portfolio , COMINIERE, in the Joint-Venture Dathcom, i.e. 15% of the shares sold to the Chinese company Zijin. According to Georges Kapiamba, President of ACAJ (Congolese Association for Access to Justice), the Attorney General at the Kinshasa/Gombe Court of Appeal has just ordered the arrest of Director General (DG) ai and Technical Director (DT) of COMINIERE SA He blames them for the “poor management” of the funds resulting from the sale of 15% of shares to a Chinese company. In return, they would have received nearly 34 million USD for a transaction which was equivalent in principle to approximately 150 million USD. Worse, the allocation of these 34 million USD, according to an IGF report dated April 2022, was surrounded by a great mystery that Justice would like to elucidate.
After the multiple alerts from civil society around the Manono lithium exploitation project, in the province of Tanganyika, by the joint venture Dathcom, it is the turn of Justice to take up this case.
According to Me Georges Kapiamba, president of the NGO ACAJ,
"the Prosecutor General of Kinshasa/Gombe has just ordered the arrest of the Managing Director and Technical Director of the public company COMINIERE SA. He reproaches them for the + mismanagement + of the funds resulting from the sale of 15% of shares to a Chinese company ”.
The results of the IGF investigation of April 2022 had already condemned the management team of COMINIERE, considering that the sale of its shares in DATHCOM had been done in the most total opacity.
Indiscretions report that the sale of 15% of the shares of COMINIERE to the Chinese company ZIJIN was made in return for approximately 34 million USD, instead of 150 million USD, note the most probable estimates. What's worse, the 34 million USD received in this transaction are difficult to trace, noted the IGF in its report.
In civil society, we would also like Justice to go much further by taking an interest in 5% of the shares of COMINIERE sold to Dathomir, without any real consideration.
“They must also pay for the 5% of COMINIERE graciously ceded irrevocably to Dathomir according to the IGF Report. Let them cite their accomplices in evil, in selling off ,” Frank Fwamba of the “ Tous pour la RDC ” coalition wrote on his twitter account .
It will be recalled that, in its report of April 2022 relating to "
the control of the regularization of the transfer of the shares of COMINIERE SA, a public law company, in the company DATHCOM MINING ", the IGF had expressed serious irregularities in these operations.
"
The control mission formulated its final observations of a long adversarial procedure, which began with the Provisional observations sheet which allowed you first to reserve written supporting answers, then to elucidate them during an adversarial debate which gave rise to the signing of the minutes ”, noted, in this regard, the boss of the IGF, Jules Alingete, in the sheet of final observations sent to the ad interim director general of COMINIERE.
The mission made three main observations, namely:
The sale of COMINIERE's 15% stake in DATHCOM to ZIJIN Mining was carried out in violation of the legal provisions on the withdrawal of the State from the companies in the Portfolio and caused, with regard to the assessments made in the feasibility study , a significant shortfall for the public treasury estimated at USD 116,560,000.00 (US dollars one hundred and sixteen million five hundred and sixty thousand). It was a real selling off of the State's mining heritage, for which you are responsible; Of the total amount of proceeds from the sale of 15% of the shares, which amounts to USD 33,440,000.00 (US dollars thirty-three million four hundred and forty thousand), you have already used approximately USD 6,800,000, 00 (US dollars six million eight hundred thousand) for operating needs to the detriment of productive investments including USD 5,438,198.00 (US dollars five million four hundred thirty-eight thousand one hundred and ninety-eight) for commissions , collations, fees, exceptional remuneration of all those who would have contributed to the operation; The presumed free and provisional transfer of 5% of COMIERE's shares in DATHCOM Mining to DATHCOM Mining Sarl, but which with regard to the transfer contract, was final and irrevocable without the income from the transfer being traced to COMINIERE exceptional remuneration of all those who would have contributed to the operation; The presumed free and provisional transfer of 5% of COMIERE's shares in DATHCOM Mining to DATHCOM Mining Sarl, but which with regard to the transfer contract, was final and irrevocable without the income from the transfer being traced to COMINIERE exceptional remuneration of all those who would have contributed to the operation; The presumed free and provisional transfer of 5% of COMIERE's shares in DATHCOM Mining to DATHCOM Mining Sarl, but which with regard to the transfer contract, was final and irrevocable without the income from the transfer being traced to COMINIERE ".
Today, it is before the Justice that the DG ai and the DT of COMINIERE must explain themselves. If the DT seems to clear himself of any responsibility, internally, it is indicated that he also committed acts as DG. In short, the DT cannot therefore disorient the Justice by arguing that he did not participate in the management. He is part of the game and must assume his actions until the end.
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