Just did some digging back through the ‘ Corruption’ thread because I was sure Celestin Kibeya Kibemba was charged and sent to prison…. And sure enough found it on a post dated 26/11/2022
I have edited in other posts ahead of the 26/11/2032 post (starting 08/08/2022) as I try and organise a bit more info
08/08/2022
Lithium de Manono: Jules Alingete charges the CEO of COMINIERE for selling off and mismanagement
August 8, 2022 TIGHANA MASIALA
For several months, the consortium "THE DRC AND ITS PEOPLE D'ABORD", made up of non-governmental organizations and media members of the coalition "TOUS POUR LA RDC", the Network of Communicators for the Environment (RCEN) and partner media are increasingly interested in the operation of public mining companies forgotten by the public and which seem to be of less importance to the Government even though they possess significant deposits and have signed partnerships as much as Gécamines and Sokimo did. Spotlight on the lithium of Manono, in the province of Tanganyika, which involves COMINIERE, a company of the State Portfolio. What exactly is it. Word to the General Inspectorate of Finance (IGF).
Having consulted several documents relating to the Congolaise d'Exploitation Minière SA (COMINIERE), he concluded that there was poor management and above all the impunity of the managers whose interim dates back several years, a record achieved, without this being of interest to the government or parliament supposed to defend the interests of the country and the people.
Indeed, everything suggests that only two partnerships (SEGMAL with MMR and DATHCOM with DATHO-MIR and AVZ) are viable while others are not despite dozens of tons of coltan illegally exploited by a subsidiary of a Canadian company and subject of a legal case concerning the United COMINIERE (UC) partnership. A series of publications will henceforth be devoted to it in order to provide objective information on what is happening.
This first publication concerns the Dathcom Mining partnership and will be made in two stages, the first of which reviews the partnership contract and the final observations sheet addressed to the general manager ai of COMINIERE SA on April 04, 2022 through the correspondence referenced N ° 0552/PR/IGF/OM 54-2022/NMM/2022, as well as on the basis of the document entitled "Amendment No. 1 to the Joint-Venture Agreement entered into on March 25, 2017 between LA CONGOLAISE D'EXPLOITATION MINIERE SA (COMINIERE) represented by Mr. Athanase MWAMBA MISAO, Acting General Manager; AVZ MINERALS LIMITED represented by Mr. KLAUS ECKHOF, Managing Director; DATHCOM MINING SAS represented by its President CONG MAOHUAI; DATHO-MIR MINING RESOURCES SARL represented by Mr. CONG MAOHUAI,
Illegal transfers of undervalued shares in DATHCOM Mining for the benefit of the Chinese and poor management of revenues
To date, this mining company of the State Portfolio only owns 10% of the shares in the joint venture company while it held 30% before its sales operations contested by the General Inspectorate of Finance to DATHOMIR and ZIJ-JIN, companies with Chinese interests. The Australian-American group AVZ holds 60% while the two DATHOMIR and ZIJIN share the rest equally.
According to this two-page correspondence, signed by MM MUHIYA LUMBU Nicolas (Inspector General of Finance Head of Brigade of Revenue and Tax Services) and ALINGETE KEY Jules (Inspector General of Finance - Head of Service), it is written this on page 2 “The mission made three main observations, namely:
- 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 withdrawal of the State from the companies in the Portfolio and caused, with regard to the evaluations made in the study of feasibility, a significant shortfall for the Public Treasury estimated at USD116,560,000.00 (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 USD33,440,000.00 (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, snacks, fees , exceptional remuneration of all those who would have contributed to the operation;
- The presumed free and provisional transfer of 5% of COMINIERE's shares in DATHCOM Mining to DATHOMIR Mining Sarl, but which with regard to the transfer contract, was final and irrevocable without the income from the transfer being traced to COMINIERE. “
Among other observations of the IGF, the most interesting to mention are:
- The violation, by the partners of COMINIERE SA, of the contractual provisions prohibiting them from selling their shares before the date of commercial production without giving rise to any reaction on your part;
- The choice of consultants FOCUS PLAIDOIRIE, Alpha BUSINESS COMPANY and Association of Mining and Quarrying Agents, over the counter in violation of public procurement legislation;
- The transfer of Exploration Permits without payment of the transfer price to COMINIERE when the transfer contract provides for it;
- Illegal assignments of Mining Titles by Assignees to the detriment of COMINIERE SA…”.
The feasibility study that the IGF talks about is the one made by AVZ and presented by DATHCOM Mining to the government in accordance with the mining legislation of the Democratic Republic of Congo, our consortium has read a copy of the summary.
The criminal responsibility of the manager, according to the IGF
The transfer of 15% of the shares of COMINIERE to ZIJIN Mining Ldt (a Chinese group shareholder of Gécamines in COMMUS and of IVANHOE in Kamoa Copper in Lualaba) was made with authorization "by the two owners (Congolese State and CNSS)", according to the letter Ref: CEM/DG/074/amm/2021 of 09/17/2021 signed by Athanase MWAMBA MISAO, general manager ai of COMINIERE SA, addressed "To Mr. Christian LUKUSA , legal counsel for AVZ Minerals, of which we have seen a copy.
And in its letter Ref: CEM/DG/073/amm/2021 of 09/17/2021 signed by Athanase MWAMBA MISAO, addressed "To Mr. NIGEL FERGUSON, President of the Company DATHCOM MINING SAS", having for object: "Notification of transfer of 15% of COMINIERE SA shares and request to convene an EGM", of which our consortium has seen a copy, it is thus written from the first to the third paragraphs: "We have the advantage of notifying you of the sale of 15% of COMINIERE SA in favor of ZIJIN MINING COMPANY Ltd. It should be noted that we have complied with the statutory clauses by duly informing the two other shareholders, namely on the one hand, DATHOMIR Mining Resources SARLU which had encouraged negotiations on the share purchase proposal formulated by the company ZIJIN MINING COMPANY Ltd and on the other hand, correspondence was sent to the AVZ shareholder who did not exercise his right of pre-emption within the required period (Article 11.2 of the DATHCOM MINING SAS statutes). In addition, as a State Portfolio Company, our company has obtained the approval of the Minister of State, Minister of the Portfolio for this transfer”.
But IGF is clear about the fact that there was a violation of the law during this transfer, whether by order of the supervising minister or the owners despite Dathomir's non-objection: "The control team maintains the observation , because the general manager ai is effectively content to transfer the mining rights without valuing them beforehand. Aware that the partnerships initiated do not really benefit the State-owner, the Director General ai is embarrassed to display the meager results he has obtained. He could therefore not prove the contrary.
This is the position of the IGF in its document referenced FO/54&73/PR/IGF/IG-CS/JAK/BRF/2022, a copy of which we have read.
Concerning the transfer of 5% of the shares of COMINIERE to DATHOMIR belonging to another Chinese, COMINIERE told the IGF investigators the following: "The Company DATHO-MIR MINING SA had requested from COMINIERE SA the transfer of 5 % of action to enable it to raise the necessary funds for the rehabilitation of the Lubumbashi-Manono road. This transfer was temporary and motivated by this single imperative. COMINIERE SA submitted this question to the Minister of Portfolio who gave his agreement in principle. However, concerning the monitoring committee, COMINIERE SA was set aside because the monitoring was the responsibility of an ad hoc commission composed of the Ministry of Portfolio, the Ministry of Infrastructure and the Congolese Agency for Major Works”.
A position rejected by the IGF which decides: “Not only that the prerequisites were not satisfied, but moreover and above all, there was use of forgery on the part of the Director General ai who, in his correspondence, did not hadn't told the Minister of Portfolio the truth. Indeed, the contract for the transfer of the 5% shares of COMINIERE SA signed on November 27, 2017 with the company DATHOMIR MINING SARL, duly notarized contract, makes the following findings: far from being provisional, the transfer of 5% of the shares of COMINIERE to DATHCOM MINING was indeed definitive and irrevocable; Far from being free, the transfer was made at a price agreed between the parties, but not stated anywhere in the transfer contract for reasons known only to the Managing Director.
The IGF notes with surprise that the Director General has defended DATHOMIR tooth and nail, therefore engages his responsibility in all that he is accused of.
Ignorance of the IGF report or complicit silence from the government?
The Ministry of Portfolio appears to be the great accomplice of the current poor health of this State mining company for several reasons, including the non-renewal of the representatives and the poor health of this company under its supervision, while the Ministry of Justice seems to have ignored the clear recommendations of the recent audit of the General Inspectorate of Finance as well as the decisions of its own services in addition to the judgments of the courts and tribunals of Lubumbashi against certain partners.
What is the follow-up reserved by the Prime Minister, the Ministers of the Portfolio and of Justice to these serious revelations of the General Inspectorate of Finance (IGF) having established the criminal responsibility of the general manager ai of COMINIERE on the illegal and irregular transfer shares, their undervaluation, the misuse of income as well as sales money not traced by the financial watchdog of the Presidency in the accounts of this company in the State Portfolio since the beginning of the month from April 2022? When will the appointment of new patriotic and conscientious agents at the head of public mining companies such as COMINIERE and SOKIMO under the management of temporary workers for several years, at SODIMICO, ENTREPRISE MINIERE KISENGE MANGANESE, SAKIMA as well as MIBA which seem not to interest the leaders of the country? The rule of law that the President of the Republic, Félix Tshisekedi, wants and the efficient management of the people's mineral resources also depend on it.
The colleagues of the Kinshasa newspaper "Le Soft International" had already launched the alert on the scandal committed by COMINIERE in its edition N ° 1550 of April 11, 2022 without any institution of the Republic reacting, we repeat it and will continue to do so. to do by way of our support for the fight of the Head of State against the predators of public goods, pillar of his vision of natural resources which must benefit the people first and not a few individuals whoever they are.
A survey carried out by EcoNews, Forum des As, Congo Nouveau, Leader, Mining News Magazine, Le Socle and the “Tous pour la RDC” coalition.
Depuis quelques mois, le consortium « LA RDC ET SON PEUPLE D’ABORD », constitué d’organisations non gouvernementales et médias membres de la coalition « TOUS POUR LA RDC », <a class="mh-excerpt-more"...
econewsrdc.com
20/10/2022
Lithium Manono: Analysis of IGF reports and COMINERE accusations.
Does the IGF give reason to AVZ, the silence of the Congolese government?
October 20, 2022
Kiki Kienge
If we come back to his two files of the accusations of
COMINIERE , a mining and commercial exploitation company under Congolese law, to the Australian-Americans of
AVZ Minerals , in particular on the report of the IGF (General Inspectorate of Finances), it is simply because the start of work for the exploitation of lithium is blocked by the non-delivery of the exploitation permit to AVZ Minerals by the
CAMI (mining cadastre).
It was following the report of the General Inspectorate of Finance on COMINIERE S. A that the lawyer for the Congolese mining company, Me
Popol Muamba Mukengeshayi had reacted on Saturday July 30 of this year during a conference held in Kinshasa in the commune of Gombe.
Accusations of COMINIERE SA to AVZ Minerals
According to Me Popol Muamba Mukengeshayi on the feasibility study made by AVZ Minerals;
“Under the terms of article 8.3 of the joint-venture contract, the feasibility study must be sent to COMINIERE for its opinion within a period not exceeding 15 months from the date of the start of its preparation. What was not done. It is only after request that we will be sent a feasibility study in English, contrary to our agreements. We may believe that our partner is acting in bad faith. We have never been informed of the level of investment committed by AVZ in DATHCOM MINING SA for carrying out the research work. All expenses incurred during operations were made in total opacity. COMINIERE learned through the media that amounts of around 30 to 70 million were used.
Me Popol Muamba Mukengeshayi speaks of lies on the sale of 5% of COMINIERE's shares in DATHCOM to MMS, he accuses AVZ Minerals of having included in the feasibility study the Mpiana Mwanga plant which is 100% owned by COMINIERE . Of the US$6,800,000 received from AVZ Minerals and already spent by COMINIERE, for the lawyer it is a non-refundable signature bonus as provided for in the provisions of the joint venture contract.
Me Popol Muamba Mukengeshayi denounces the management without the consultation of the other partners of the DATHCOM, he speaks in particular of the regularity on the sale of the 15% of the shares of the COMINIERE to the Chinese of the company JIN CHEN.
Me Popol Mutamba had concluded his accusations against AVZ Minerals as follows;
"By attempting to turn the signature bonus into a doorstep, by undermining DATHCOM's social governance, by intervening to prevent COMINIERE from regularly selling some of its shares to partners with genuine financial and technical capacity, by proof of opacity in the development of the feasibility study and by insisting on transferring more shares than those it holds, the company AVZ ceases to show good faith and jeopardizes the outcome of the project.
Report of the IGF (General Inspectorate of Finance)
This report was signed by
Muhiya Lumbu Nicolas , Inspector General of Finance Head of Revenue and Tax Services Brigade and
Jules Alingete Key , Inspector General of Finance and Head of Service. Here are a few passages.
On the "regularity" alleged by Me Popol Muamba Mukengeshayi of the transfer of the 15% of COMINIERE in DATHCOM Mining to ZIJIN Mining, the IGf had proved the opposite:
- The sale of the 15% of COMINIERE's shares in DATHCOM Mining 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 study of feasibility, a significant shortfall for the Public Treasury estimated at US$116,560,000. It was a real sale of the State's mining heritage, for which you are responsible.
Would the US$6,800,000 be
kickbacks ?
- Out of the total amount of proceeds from the sale of 15% of the shares, which amounts to US$33,440,000, you have already used approximately US$6,800,000 for operating needs to the detriment of productive investments, including USD 5,438,198 $US for commissions, collations, fees, exceptional remuneration of all those who would have contributed to the operation.
On the sale of 5% of COMINIERE's shares in DATHCOM to MMS
- The presumed free and provisional transfer of 5% of COMINIERE's shares in DATHCOM Mining to DATHOMIR Mining Sarl, but which with regard to the transfer contract, was final and irrevocable without the income from the transfer being traced to COMINIERE.
The IGF considers in particular that there was a violation in the sale of 15% of the shares of COMINIERE to the Chinese of ZIJIN Mining Ldt:
“The control team maintains the observation, because the Managing Director ai is effectively content to cede the mining rights without first valuing them. Aware that the partnerships initiated do not really benefit the State-owner, the Managing Director ai is embarrassed to display the meager results he has obtained. He was therefore unable to prove the contrary.
Remember that we are witnessing until today a total silence on the part of the government on the report of the IGFF. Is this a position taken by the Congolese government in favor of the Chinese ZIJIN Mining Ldt and against AVZ Minerals or the opposite?
Sur les 33.440.000 $US, vous avez déjà utilisé environ 6.800.000 $US pour des besoins de fonctionnement au détriment des investissements productifs dont USD 5.438.198 $US pour des commissions, collations, honoraires, rémunérations exceptionnelles
kongopress.com
20/11/2022
DRC - Mines: COMINIERE SA accused of blocking the Manono Lithium production project, this mineral prized in the manufacture of electric batteries (Civil Society)
The Congolese state portfolio company COMINIERE SA is accused of continuing to multiply illegal maneuvers to block the effective start-up of Dathcom's lithium mining project
Mining SA, in Manono, Tanganyika province.
The denunciation is made by the organizations and platforms of the society under Congolese law, in a press release whose copy reached the drafting of 7SUR7. CD this Sunday, November 20, 2022.
They want as proof of this the call for tender described as unregular launched in September 2022 by the general management of COMINIERE SA for the rehabilitation work of the power plants in Mpiana - Mwanga, which they believe are abandoned.
An irregular call for tenders
This press release points out that this call for tenders sufficiently demonstrates how much COMINIERE SA is keen, against all odds, to block the effective start of the work of the lithium mining project, this mineral prized in the manufacture of electric batteries, essential in the fight against the global warming against which the DRC is positioning itself in a solution country.
For civil society, COMINIERE SA and the Ministry of Portfolio cannot offer the rehabilitation market for these power plants to the Chinese company Zijin, as stated by a COMINIERE delegate at the meeting held on November 12, 2022 in Manono.
They recall that the Congolese government has already signed an agreement with AVZ POWER SARLU to rehabilitate the plants concerned in compliance with the laws of the country and the international standards in the sector to provide energy to Dathcom Mining SA for its mining operations as well as to public and private schools and hospitals (health centers) in Manono and its surroundings, not to mention a quantity to be used by the State for the electrification of the city of Manono and Mpiana-Mwanga.
President Tshisekedi called to ensure the integrity of the leaders of the COMINIERE
Based on this observation, civil society asks President Félix-Antoine Tshisekedi to ensure that the climate of trust reigns between the shareholders of the joint venture Dathcom Mining SA so that operating operations begin urgently and to give orders to the state services for Dathcom Mining SA to be notified and that the 10% of action of the State are effectively registered in the register of the Mining Cadastre, in accordance with
mining legislation.
The Congolese Head of State is also invited to ensure that the people proposed by the Ministry of the Portfolio are honest and will defend the interests of the State in Dathcom Mining SA, United Cominière SA and others partnership companies at COMINIERE SA and to prohibit any interference or interference of certain members of the government, institutions and cabinets at the national level and in the provinces with direct or indirect interests with this state enterprise.
To the Prime Minister-in-Chief of Government, the company's organizations and platforms recommend asking the Minister of the Portfolio, in accordance with the conclusions of the Report of the IGF, to urgently recruit by selective testing of new representatives to direct the COMMINIERE, "leased for years in the hands of two people (the Deputy Director General and the Technical Director) who impose their will at the expense of the interests of local communities and the Republic."
Stop sowing confusion
The Minister of the Portfolio is asked to stop causing confusion and play a role that blocks the development of the mining project of Dathcom Mining SA, to take into account the conclusions of the IGF roadmap (Report) on its poor role in the illegal sale of the 15% of the shares to a Zijin company as well as the sale of the assets of Cominière SA by its interim management, then draw all the factual conclusions and of law.
The Minister of the Portfolio is also called upon to respect and support the Memorandum of Understanding signed by the Government of the Republic, at
through the Minister in charge of the energy sector, and AVZ POWER SAU, for the rehabilitation of Mpiana-Mwanga power plants.
For his part, the Minister of Hydrocarbons and Electricity Resources is invited to ensure that the rehabilitation work of the Mpiana-Mwanga power plants is carried out normally given the agreement signed with AVZ POWER SAU which engages the entire government and the DRC and to ensure with its portfolio colleague that the COMINIERE SA Management ceases to create an additional blockage against the effective start of the work of Dathcom's lithium mining project Mining SA.
Leaders of the COMINIERE called to resign
Finally, the leaders of COMINIERE SA are called upon to resign taking into account the conclusions of the General Inspectorate of Finance (IGF) on their management and the sale of the assets of this state enterprise.
The organizations and platforms of civil society in the DRC that signed this press release are: CDH, ESPOIR ONGDH, JUSTICIA Asbl, LICOCO, MAX IMPACT, MDR, POM, RCEN, RDN Asbl, CERN/CENCO AND TPRDC.
ODN
La société du portefeuille de l'Etat congolais COMINIERE SA est accusée de continuer à multiplier les manœuvres illégales pour bloquer le démarrage effectif du projet minier de lithium de Dathcom Mining SA, à Manono, dans la province de Tanganyika. La dénonciation est faite par les...
7sur7.cd
20/11/2022
Civil Society points to the culprit and mobilizes to save the Manono lithium mining project
November 20, 2022 econewsrdc
Civil Society points to the culprit and mobilizes to save the Manono lithium mining project
The lithium mining project in Manono, in the province of Tanganyika, is stalling. And civil society, operating in the natural resources sector, does not hesitate to name the culprit: Cominière (Congolese mining company), this state portfolio company born from the remains of Zaire-Etain.
In a statement, made simultaneously on November 20, 2022, in Kinshasa, Kolwezi, Lubumbashi and Bukavu, these Civil Society Organizations note that "the management of Cominière SA must stop blocking the development of Manono and undermining the presidential energy policy and the development of 145 territories by multiplying strategies to block Dathcom Mining".
From the outset, these Civil Society Organizations specialized in natural resources issues say they note "an agitation and maneuvers on the part of certain administrative and judicial government services as well as Cominière SA in order to freeze the notification of the Operating Permit of Dathcom Mining SA and communicate to it the total amount of surface rights due to the State; this constitutes serious damage not only for the of this prized minerals in the manufacture of electric batteries essential in the fight against global warming against which the DRC is positioning itself as a solution country for the global energy transition".
They base their conviction on documented surveys with the ministry that manages electricity in the Democratic Republic of Congo.
"Bringing into account these facts known to the Management of Cominière SA and the shooters of the strings to be identified", these Organizations recommend "urgently and patriotically" to the country's authorities to do everything possible to remove all the locks that block the effective start of the Manono lithium project.
Especially to the President of the Republic, these Organizations are waiting to see it: "ensure that the climate of trust reigns between the shareholders of Dathcom Mining SA so that operating operations begin urgently; give orders to the State services so that Dathcom Mining SA is notified and that the 10% of the State's actions are effectively registered in the register of the Mining Cadastre in accordance the government, institutions and firms at the national and provincial level with direct or indirect interests with this state company".
Completeness of their press release.
Eco news
Le projet d’exploitation du lithium de Manono, dans la province du Tanganyika, piétine. Et la Société civile, évoluant dans le secteur des ressources naturelles, n’hésite <a class="mh-excerpt-more"...
econewsrdc.com
