In case anyone has forgotten that Celestin Kibeya Kabemba should be in jail, here are a couple of reminders….
26/11/2022
https://kongopress.com/2022/11/26/m...ux-chinois-de-zijin-116-millions-us-de-perte/
Manono: Lithium Gate? Arrest of the DG of the COMINIERE for illegal sale of 15% of the shares to the Chinese of Zijin, US$116 million in loss.
November 26, 2022
Kiki Kienge
With this action by the Congolese justice system, is this the beginning of the release in the exploitation of Manono lithium by AVZ Minerals?
It is on the basis of a report by the IGF (General Inspectorate of Finance) filed at the Court of Appeal of Gombe since April 21, 2022, that the Attorney General of Kinshasa ordered the arrest of the Director General and Technical Director of COMINIERE S.A, Athanase Mwamba and Celestin Kibeya.
This even confirmed by the ACAAJ (Congolese Association for Access to Justice) in a Tweet;
"The Prosecutor General of Kinshasa/Gombe has just ordered the arrest of Chief Executive Officer and Technical Director of the public company COMINIERE S.A. He criticizes them for the "mismanagement" of funds resulting from the sale of 15% of shares to a Chinese company. ”
The IGF report concluded in a fraudulent sale of 15% of the shares of the Congolese State to the Chinese company Zijin, the Cominiere had sold to the Chinese of Zijing at US$33,440 million precisely shares worth US$150 million, a loss of US$ 1166,560,000 million for the Congolese State funds;
"The transfer of the 15% of COMINIERE's shares in DATHCOM Mining to ZIJIN Mining was carried out in violation of the legal provisions on the disengagement of the State from the Portfolio companies (...)"
At this point according to the IGF report which considers 15% sales to Zijin and 5% to MMS illegal, AVZ would own 75% (with 15% of Dathomir) of the shares in Datcom and the Congolese State 25%.
In genesis in the operation of lithium in Manono, there was the joint venture company between the COMINIERE and DATHOMIR of the Chinese Simon Cong owner of the Kempinski hotel river in Kinshasa, which gave birth to DATHCOM, with 30% respectively to the Congolese State and 70% for the Chinese. Australians of AVZ Minerals will buy 60% of its shares in Dathcom and will obtain 5% surplus from the Congolese state for social achievements, such as the construction of roads, schools, hospitals...
After AVZ Minerals following an agreement with Dathomir came into possession of the 15% of the Chinese company Simon Cong, but after the filing of the operating license and the increase in the price of AVZ Minerals shares on the stock exchange, Simon Cong returns to his signing of the sales contract with AVZ Minerals and wants to regain possession of the 15%.
5 years after the Cominiere through its general manager, accuses AVZ Minerals of having achieved nothing in Manono and sells "illegally" to the detriment of the Congolese State 15% of its shares to the Chinese company Zijing, which wants at all costs to enter the exploitation of lithium in Manono;
"The sale of the 15% to the Zijin Group," based on the assessments made in the feasibility study, caused a significant shortfall for the Treasury valued at $11,56,5060,000. It was a real sale of the state's mining heritage for which you assume responsibility." IGF report.
The Chinese company, Zijing, had in particular recognized the illegal sale and decided to refund the 15% to the Congolese State without claiming anything in return, as this video shows;
The IGF report points in particular to the sale of 5% of the COMINIERE shares in DATHCOM to MMS;
"The alleged gracious and provisional transfer of 5% of the shares of the COMINIERE in DATHCOM Mining to DATHOMIR Mining SARL, but as regards the transfer contract, was final and irrevocable without the proceeds from the transfer being traced to the COMINIERE. ”
According to a source, many names appear in the IGF report, in particular of some political and institutional personalities, with the arrest of the two directors of the Cominiere, it would only be the beginning of Manono Gate
27/11/2022
Dathcom and Manono's lithium: COMINIERE's DG and DT in the sights of Justice
November 27, 2022 Faustin KUEDIASALA
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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