MoneyBags1348
Top 20
10/04/2023
JAG Posted
JAG Posted
Celestin Kibeya Kabemba
- Thread starter MoneyBags1348
- Start date
MoneyBags1348
Top 20
10/04/2023
Carlos Posted
This document has been available for a while. But it's good to see it linked to the recording released on the weekend and further heat being put on Cominiere.
Carlos Posted
This document has been available for a while. But it's good to see it linked to the recording released on the weekend and further heat being put on Cominiere.
MoneyBags1348
Top 20
10/04/2023
JAG Posted
Zijin's letter translated....
JAG Posted
Zijin's letter translated....
MoneyBags1348
Top 20
10/04/2023
Roon Posted
Does Zijin have any proof that they informed us in July of their intentions? Do we have any letter from within the 40 days from this time? Because they seem to he saying hey we informed them in July and didn't hear back within the 40 days. AVZ's follow up letter isn't until November - would love to see what we sent earlier to claim our rights.
Did I read something else that they said we intended to affirm the rights but never agreed on their price as put forward by Zijin? That's a pretty weak case if so.
Carlos's Reply To Roon
It is Cominiere that needed to inform us. As far as I can tell they told us that they were selling on July 21 2021 but didn't specify the price. We went back on August 4 2021 saying yes we want to exercise our FROR and asked what the price is. Cominiere didn't respond to that and when the 40 days lapsed they got the MoP to authorise the sale. We then submitted our offer on September 20 2021.
To my knowledge the correspondence documents between Cominiere and AVZ in early August 2021 are not publicly available... yet
Roon Posted
Does Zijin have any proof that they informed us in July of their intentions? Do we have any letter from within the 40 days from this time? Because they seem to he saying hey we informed them in July and didn't hear back within the 40 days. AVZ's follow up letter isn't until November - would love to see what we sent earlier to claim our rights.
Did I read something else that they said we intended to affirm the rights but never agreed on their price as put forward by Zijin? That's a pretty weak case if so.
Carlos's Reply To Roon
It is Cominiere that needed to inform us. As far as I can tell they told us that they were selling on July 21 2021 but didn't specify the price. We went back on August 4 2021 saying yes we want to exercise our FROR and asked what the price is. Cominiere didn't respond to that and when the 40 days lapsed they got the MoP to authorise the sale. We then submitted our offer on September 20 2021.
To my knowledge the correspondence documents between Cominiere and AVZ in early August 2021 are not publicly available... yet
MoneyBags1348
Top 20
10/04/2023
Carlos Posted
An added legal point to further AVZ's case about Cominiere not following the rules. The problem is AVZ never knew the price during the 40 day window and Cominiere didn't respond when asked. Although I doubt AVZ would have accepted the 33m price considering it was below market value and management didn't submit the offer for 150m until after the 40 days just in case it was lower than Zijin's.
Carlos Posted
An added legal point to further AVZ's case about Cominiere not following the rules. The problem is AVZ never knew the price during the 40 day window and Cominiere didn't respond when asked. Although I doubt AVZ would have accepted the 33m price considering it was below market value and management didn't submit the offer for 150m until after the 40 days just in case it was lower than Zijin's.
MoneyBags1348
Top 20
10/04/2023
Mr Inappropriate Posted
You’ll recall that as part of Cominiere’s defence to “They stated that Dathcom had a confusing (opaque maybe?) structure. I took this as a reference to AVZ and AVZI.
Carlos's Reply To Mr Inappropriate
Are you referring to this?
These Cominiere clowns don't even understand that AVZ International is a private company headquartered in Singapore and it's parent company AVZ is the one that is listed on the ASX. Little wonder they weren't able to look up public documents about capital raises to confirm the amounts obtained.
Mr Inappropriate Posted
You’ll recall that as part of Cominiere’s defence to “They stated that Dathcom had a confusing (opaque maybe?) structure. I took this as a reference to AVZ and AVZI.
Carlos's Reply To Mr Inappropriate
Are you referring to this?
These Cominiere clowns don't even understand that AVZ International is a private company headquartered in Singapore and it's parent company AVZ is the one that is listed on the ASX. Little wonder they weren't able to look up public documents about capital raises to confirm the amounts obtained.
MoneyBags1348
Top 20
11/04/2023
Cruiser Posted
"ZJININ waives 15%, but demands shares of PE13359 northeast"
NEWSECONOMY
Kiki Kienge
The answer is in the very confidential letter of October 21, 2022 sent by the Chinese giant, ZIJIN to COMINIERE, which had leaked strict controls from the Chinese and Congolese leaders of the two companies.
It was a surprise for everyone to see the Exploitation Permit granted to the Australians of AVZ Minerals by the Minister of Mines in his decree of January 28, 2023, Antoinette Nsamba Kalambayi , but which was held in the drawers of the mining cadastre (CAMI) for unclear reasons. “Conflicts between shareholders”, here is the reason given by the Minister for the cancellation following a letter from the Director General ad Interim, Célestin Kibeya addressed to Nsamba Kalambayi.
As a reminder, the Australian group AVZ Minerals owns 60%, plus the 15% still in litigation with DATHOMIR of the Chinese Simon Cong, in the joint venture with the Congolese State, DATHCOM. The rest was made up of 20% of COMINIERE and 5% of Mauritians from MMCS.
In 2021, the Chinese group ZIJIN invites itself into the lithium dance and offers to buy the 20% of COMINIERE, the latter decides to sell only 15% to the Chinese. For a value of US$150 million according to the General Inspectorate of Finance (IGF) report, COMINIERE with the agreement of the Ministry of Portfolio, sells the 15% at US$33,440 million.
After the report of the IGF which judges the sale of COMINIERE to ZIJIN not in conformity with the laws of the DR Congo and the price on the market at the moment, ZIJIN proposes to the Congolese government the retrocession of 15% without any counterpart.
But in reality, the strategy of the Chinese e ZIJIN was already well planned, as demonstrated by his letter sent to COMINIERE.
Knowing that the Australians of AVZ Minerals should oppose being majority shareholder to the proposals of ZIJIN in the assembly of DATHCOM, the Chinese should propose to the Congolese government, to retrocede the 15% and not to ask to claim anything in return. But in reality ZIJIN had already planned in its strategy to create another joint venture with COMINIERE to recoup the US$33,440 million "reassigned" to the DRC, whose shares would be 71% for the Chinese and 29% for the COMINIERE for the northeast part of the same PR13359 which is worth billions of US dollars in lithium:
"Since COMINIERE's geologists have confirmed to Zijin Mining a certain mineralization potential within the perimeter of the Targeted Part". "JIN CHENG (subsidiary of the ZIJIN group) will retrocede its 15% of shares in DATHCOM to COMINIERE and will consider renouncing to claim from COMINIERE the payment it made for the acquisition of 15% in the capital of DATHCOM the “Retrocession of 15% of shares”. Letter from ZIJIN to COMINIERE.
Were the officials of COMINIERE and the Congolese authorities aware of this scheme by ZIJIN? Is the revocation of DATHCOM's operating license by the portfolio minister a consequence planned by ZIJIN?
FULL LETTER FROM ZIJIN TO LA COMINIERE :
ZUIN MINING GROUP COMPANY LIMITED
AI, 2022 10H 21
XIAMEN, October 21, 2022
X COMINIERE
Copy sent for information to:
Mr. General Manager,
Concerns: Offer of partnership to advance the Manono lithium exploitation project. We are honored to send you this letter in relation to the object taken up.
As a large international mining group, Zijin Mining Group Company Ltd (abbreviated as "Zijin Mining"), focuses on the exploration and exploitation of gold, copper and other metallic mineral resources as well as on engineering technology application and study, headquartered at No. 1 Zijin Avenue, Shanghang Township, Longyan City, Fujian Province, China.
It is listed on both the Hong Kong Stock Exchange (Stock Code: 2899) and the Shanghai Stock Exchange (Stock Code: 6011899).
JIN CHENG Mining Mining Limited (abbreviated as “JIN CHENG”), is a subsidiary of Zijin Mining, whose head office is located at Vista Corporate Service Center, Wickhams cay II, Road Town Tortola, VG 1110.
Given that COMINIERE and JIN CHENG entered into a share transfer agreement on September 10, 2021 (the "Transfer Agreement"), according to which COMINIERE transferred to JIN CHENG the 15% of shares it held in the share capital of the company DATHCOM MINING SA (abbreviated "DATHCOM"), in return for this transfer, a payment of the amount of 33,440,000.00 USD (Thirty-three million four hundred and forty thousand US dollars) was made by JIN.CHENG on behalf of COMINIERE (the “ Sale of 15% of shares ”);
Considering that the Extraordinary General Meeting of DATHCOM held on November 20, 2021 approved this transaction of sale of 15% of shares, thus materializing the quality of JIN CHENG as one of the shareholders of DATHCOM;
Considering that the minutes of the aforementioned Extraordinary General Meeting were notarized, filed at the One-Stop Shop for Business Creation in Lubumbashi on November 23, 2021, and its resolutions were entered in the Register of Commerce and Credit Mobilier RCCM of the DATHCOM company.
Given that the company AVZ International Pty Ltd, which is the majority shareholder in DATHCOM, contested all the resolutions adopted during the Extraordinary General Meeting of November 20, 2021 of DATHCOM, thus abusing its majority, consequently the Coordinated Articles of DATHCOM, as modified by the resolutions of the General Meeting of November 20, 2021, have not yet been signed to date;
Since Zijin Mining, the parent company of JIN CHENG, which is one of the shareholders of DATHCOM, is keen to see the Manono lithium mining project develop successfully, given that the financial, technical and have been demonstrated by Zijin Mining, this proves that it could move forward effectively in the construction and operation of the Manono lithium project;
Given that the evaluation of the reserves in the PR13359 was made partially, during the transformation of the PR (Exploration Permit) into PE (Exploitation Permit), by the holder DATHCOM, who renounced the north-eastern part of the PR13359, which is the Affected Party;
Given that COMINIERE's geologists have confirmed to Zijin Mining a certain mineralization potential within the scope of the Targeted Party;
Considering that on August 15, 2022, Her Excellency Madam Minister of State, Minister of Portfolio held a meeting with Zijin Mining to discuss the joint development of the Affected Party between Zijin Mining and COMINIERE;
In view of the foregoing, Zijin Mining presents an Offer in the following terms (“the Present Offer”):
1. A joint venture agreement (the “Joint Venture Agreement”) will be entered into between a designated subsidiary of Zijin Mining and COMINIERE, whereby the parties will create a joint venture (the “Joint Venture”), in which the subsidiary of Zijin Mining will hold 71% of shares and COMINIERE 29% of shares. After the creation of the Joint-Venture, COMINIERE will assign the mining right on the Targeted Party legally held by it to the Joint-Venture, free of any lien, charge, claim, dispute and default. The research, development and operation of the Affected Party will be carried out on behalf of the Joint Venture.
2. On the date when COMINIERE assigns the mining right of the Target Party to the Joint Venture by completing all the relevant procedures such as registration, registration and notarization, and the Joint Venture becomes the legal owner and effective 100% of the rights and interests of the Affected Party, JIN CHENG will retrocede its 15% of shares in DATHCOM to COMINIERE and will consider waiving to claim from COMINIERE the payment it made for the acquisition of 15 % in the capital of DATHCOM (the " Retrocession of 15% of shares "). To avoid any ambiguity, it should be specified that if COMINIERE does not manage to legally and effectively transfer the mining right of the Party Targeted to the Joint Venture, COMINIERE will not have the right to demand from JIN CHENGG the retrocession of 15 % of shares in DATHCOM, nor the waiver of the payment it made for the acquisition of 15% in the capital of DATHCOM on behalf of COMINIERE.
3. Pursuant to this Offer, COMINIERE will undertake to bear any income tax, stamp duty, transfer duty and any other tax or duty which may arise in the DRC and in any other country or region at the following the aforementioned “15% share retrocession”.
4. Both parties and its directors, officers, employees and agents shall keep this letter and this Offer in strict confidence. No information, knowledge, discussion, negotiation or development between the parties of which they are aware in connection with this Offer, the Joint Venture Agreement and all transactions 'and documents relating thereto will be disclosed without the prior written consent of each party. .
The validity of this Offer is 60 days (“the Validity”) from the date of its receipt by COMINIERE. In the event of acceptance of this Offer by COMINIERE, the latter must acknowledge receipt and sign on the signature page before the expiry of the Validity period. Otherwise, this Offer will be considered automatically null and void, unless Zijin Mining decides otherwise.
Please accept, Mr Director General, the expression of our highest consideration.
Zijin Mining Group Co, Ltd
Chairman of the Board of Directors
Signature page
On behalf of COMINIERE, acknowledges and undertakes to accept this Offer:
Signature (with seal):
Name:
Function:
Cruiser Posted
"ZJININ waives 15%, but demands shares of PE13359 northeast"
NEWSECONOMY
Why ZIJIN buys 15% at 33.44 million $US of COMINIERE to give it up without consideration, mafia on PE13359 northeast?
April 10, 2023Kiki Kienge
The answer is in the very confidential letter of October 21, 2022 sent by the Chinese giant, ZIJIN to COMINIERE, which had leaked strict controls from the Chinese and Congolese leaders of the two companies.
It was a surprise for everyone to see the Exploitation Permit granted to the Australians of AVZ Minerals by the Minister of Mines in his decree of January 28, 2023, Antoinette Nsamba Kalambayi , but which was held in the drawers of the mining cadastre (CAMI) for unclear reasons. “Conflicts between shareholders”, here is the reason given by the Minister for the cancellation following a letter from the Director General ad Interim, Célestin Kibeya addressed to Nsamba Kalambayi.
As a reminder, the Australian group AVZ Minerals owns 60%, plus the 15% still in litigation with DATHOMIR of the Chinese Simon Cong, in the joint venture with the Congolese State, DATHCOM. The rest was made up of 20% of COMINIERE and 5% of Mauritians from MMCS.
In 2021, the Chinese group ZIJIN invites itself into the lithium dance and offers to buy the 20% of COMINIERE, the latter decides to sell only 15% to the Chinese. For a value of US$150 million according to the General Inspectorate of Finance (IGF) report, COMINIERE with the agreement of the Ministry of Portfolio, sells the 15% at US$33,440 million.
After the report of the IGF which judges the sale of COMINIERE to ZIJIN not in conformity with the laws of the DR Congo and the price on the market at the moment, ZIJIN proposes to the Congolese government the retrocession of 15% without any counterpart.
But in reality, the strategy of the Chinese e ZIJIN was already well planned, as demonstrated by his letter sent to COMINIERE.
Knowing that the Australians of AVZ Minerals should oppose being majority shareholder to the proposals of ZIJIN in the assembly of DATHCOM, the Chinese should propose to the Congolese government, to retrocede the 15% and not to ask to claim anything in return. But in reality ZIJIN had already planned in its strategy to create another joint venture with COMINIERE to recoup the US$33,440 million "reassigned" to the DRC, whose shares would be 71% for the Chinese and 29% for the COMINIERE for the northeast part of the same PR13359 which is worth billions of US dollars in lithium:
"Since COMINIERE's geologists have confirmed to Zijin Mining a certain mineralization potential within the perimeter of the Targeted Part". "JIN CHENG (subsidiary of the ZIJIN group) will retrocede its 15% of shares in DATHCOM to COMINIERE and will consider renouncing to claim from COMINIERE the payment it made for the acquisition of 15% in the capital of DATHCOM the “Retrocession of 15% of shares”. Letter from ZIJIN to COMINIERE.
Were the officials of COMINIERE and the Congolese authorities aware of this scheme by ZIJIN? Is the revocation of DATHCOM's operating license by the portfolio minister a consequence planned by ZIJIN?
FULL LETTER FROM ZIJIN TO LA COMINIERE :
ZUIN MINING GROUP COMPANY LIMITED
AI, 2022 10H 21
XIAMEN, October 21, 2022
X COMINIERE
Copy sent for information to:
- Her Excellency the Minister of State, Minister of Portfolio ;
- Her Excellency the Minister of Mines ;
(All) in Kinshasa/Gombe, DRC
Mr. General Manager,
Concerns: Offer of partnership to advance the Manono lithium exploitation project. We are honored to send you this letter in relation to the object taken up.
As a large international mining group, Zijin Mining Group Company Ltd (abbreviated as "Zijin Mining"), focuses on the exploration and exploitation of gold, copper and other metallic mineral resources as well as on engineering technology application and study, headquartered at No. 1 Zijin Avenue, Shanghang Township, Longyan City, Fujian Province, China.
It is listed on both the Hong Kong Stock Exchange (Stock Code: 2899) and the Shanghai Stock Exchange (Stock Code: 6011899).
JIN CHENG Mining Mining Limited (abbreviated as “JIN CHENG”), is a subsidiary of Zijin Mining, whose head office is located at Vista Corporate Service Center, Wickhams cay II, Road Town Tortola, VG 1110.
Given that COMINIERE and JIN CHENG entered into a share transfer agreement on September 10, 2021 (the "Transfer Agreement"), according to which COMINIERE transferred to JIN CHENG the 15% of shares it held in the share capital of the company DATHCOM MINING SA (abbreviated "DATHCOM"), in return for this transfer, a payment of the amount of 33,440,000.00 USD (Thirty-three million four hundred and forty thousand US dollars) was made by JIN.CHENG on behalf of COMINIERE (the “ Sale of 15% of shares ”);
Considering that the Extraordinary General Meeting of DATHCOM held on November 20, 2021 approved this transaction of sale of 15% of shares, thus materializing the quality of JIN CHENG as one of the shareholders of DATHCOM;
Considering that the minutes of the aforementioned Extraordinary General Meeting were notarized, filed at the One-Stop Shop for Business Creation in Lubumbashi on November 23, 2021, and its resolutions were entered in the Register of Commerce and Credit Mobilier RCCM of the DATHCOM company.
Given that the company AVZ International Pty Ltd, which is the majority shareholder in DATHCOM, contested all the resolutions adopted during the Extraordinary General Meeting of November 20, 2021 of DATHCOM, thus abusing its majority, consequently the Coordinated Articles of DATHCOM, as modified by the resolutions of the General Meeting of November 20, 2021, have not yet been signed to date;
Since Zijin Mining, the parent company of JIN CHENG, which is one of the shareholders of DATHCOM, is keen to see the Manono lithium mining project develop successfully, given that the financial, technical and have been demonstrated by Zijin Mining, this proves that it could move forward effectively in the construction and operation of the Manono lithium project;
Given that the evaluation of the reserves in the PR13359 was made partially, during the transformation of the PR (Exploration Permit) into PE (Exploitation Permit), by the holder DATHCOM, who renounced the north-eastern part of the PR13359, which is the Affected Party;
Given that COMINIERE's geologists have confirmed to Zijin Mining a certain mineralization potential within the scope of the Targeted Party;
Considering that on August 15, 2022, Her Excellency Madam Minister of State, Minister of Portfolio held a meeting with Zijin Mining to discuss the joint development of the Affected Party between Zijin Mining and COMINIERE;
In view of the foregoing, Zijin Mining presents an Offer in the following terms (“the Present Offer”):
1. A joint venture agreement (the “Joint Venture Agreement”) will be entered into between a designated subsidiary of Zijin Mining and COMINIERE, whereby the parties will create a joint venture (the “Joint Venture”), in which the subsidiary of Zijin Mining will hold 71% of shares and COMINIERE 29% of shares. After the creation of the Joint-Venture, COMINIERE will assign the mining right on the Targeted Party legally held by it to the Joint-Venture, free of any lien, charge, claim, dispute and default. The research, development and operation of the Affected Party will be carried out on behalf of the Joint Venture.
2. On the date when COMINIERE assigns the mining right of the Target Party to the Joint Venture by completing all the relevant procedures such as registration, registration and notarization, and the Joint Venture becomes the legal owner and effective 100% of the rights and interests of the Affected Party, JIN CHENG will retrocede its 15% of shares in DATHCOM to COMINIERE and will consider waiving to claim from COMINIERE the payment it made for the acquisition of 15 % in the capital of DATHCOM (the " Retrocession of 15% of shares "). To avoid any ambiguity, it should be specified that if COMINIERE does not manage to legally and effectively transfer the mining right of the Party Targeted to the Joint Venture, COMINIERE will not have the right to demand from JIN CHENGG the retrocession of 15 % of shares in DATHCOM, nor the waiver of the payment it made for the acquisition of 15% in the capital of DATHCOM on behalf of COMINIERE.
3. Pursuant to this Offer, COMINIERE will undertake to bear any income tax, stamp duty, transfer duty and any other tax or duty which may arise in the DRC and in any other country or region at the following the aforementioned “15% share retrocession”.
4. Both parties and its directors, officers, employees and agents shall keep this letter and this Offer in strict confidence. No information, knowledge, discussion, negotiation or development between the parties of which they are aware in connection with this Offer, the Joint Venture Agreement and all transactions 'and documents relating thereto will be disclosed without the prior written consent of each party. .
The validity of this Offer is 60 days (“the Validity”) from the date of its receipt by COMINIERE. In the event of acceptance of this Offer by COMINIERE, the latter must acknowledge receipt and sign on the signature page before the expiry of the Validity period. Otherwise, this Offer will be considered automatically null and void, unless Zijin Mining decides otherwise.
Please accept, Mr Director General, the expression of our highest consideration.
Zijin Mining Group Co, Ltd
Chairman of the Board of Directors
Signature page
On behalf of COMINIERE, acknowledges and undertakes to accept this Offer:
Signature (with seal):
Name:
Function:
MoneyBags1348
Top 20
11/04/2023
Cruiser Posted
Democratic Republic of Congo
Call 041031202
Kinshasa, 18 FEv
Ministry of Portfolio
The Minister
N/Ref.: N°255.../MINPF/VB/JRB /CK/2020
Copy sent for information to
Mr. CEO of COMINIERE SA
especially/Gombe
Subject: From the Joint Venture AVZ Minerals-COMINIERE SA for the Manono project - Acknowledgment of receipt
I acknowledge receipt of your unreferenced letter of January 03, 2020, relating to the subject mentioned above, the content of which caught my particular attention and thank you for it.
provides the following details:
I take good note of all the points raised there, and you
Your request to purchase an additional percentage of the shareholding cannot, at the current stage, receive a favorable response. On the other hand, I ask you to speed up the work of the feasibility studies for the certification of the mining reserves;
With regard to the appointment of the Directors of COMINIERE, to DATHCOM, I will send you a letter relating thereto after analysis of the elements at my disposal;
The question of the final payment of the door step to COMINIERE will have to be the subject of a working session, with your Company, in Kinshasa towards the end of February 2020.
the expression of my highest consideration.
Please
accredit,
Monsieur the
Teacher. Clément KUETE NYIMI BEMUNA
No. 707 Avenue Wagenia - Municipality of Gombe - Tel. +243 12 51 00 592/+243 82 99 42 434- E-mail: minportefeuille 2007@yahoo.fr
@daniel_ikoli
How did Ms. Kayinda ignore this note from the Ministry of Mines? I am scandalized by her act, she had all the data in her possession to block this transfer of assets!
@FranckFwamba
Mrs. Kayinda is among those bad Congolese and Katangese who are destroying Katanga to undermine the image of President Tshisekedi in Katanga. What is it doing to raise the public mining companies that are in Katanga: Cominiere, Sodimico, Kisenge Manganese as guardianship
Cruiser Posted
Democratic Republic of Congo
Call 041031202
Kinshasa, 18 FEv
Ministry of Portfolio
The Minister
N/Ref.: N°255.../MINPF/VB/JRB /CK/2020
Copy sent for information to
Mr. CEO of COMINIERE SA
especially/Gombe
Subject: From the Joint Venture AVZ Minerals-COMINIERE SA for the Manono project - Acknowledgment of receipt
I acknowledge receipt of your unreferenced letter of January 03, 2020, relating to the subject mentioned above, the content of which caught my particular attention and thank you for it.
provides the following details:
I take good note of all the points raised there, and you
Your request to purchase an additional percentage of the shareholding cannot, at the current stage, receive a favorable response. On the other hand, I ask you to speed up the work of the feasibility studies for the certification of the mining reserves;
With regard to the appointment of the Directors of COMINIERE, to DATHCOM, I will send you a letter relating thereto after analysis of the elements at my disposal;
The question of the final payment of the door step to COMINIERE will have to be the subject of a working session, with your Company, in Kinshasa towards the end of February 2020.
the expression of my highest consideration.
Please
accredit,
Monsieur the
Teacher. Clément KUETE NYIMI BEMUNA
No. 707 Avenue Wagenia - Municipality of Gombe - Tel. +243 12 51 00 592/+243 82 99 42 434- E-mail: minportefeuille 2007@yahoo.fr
@daniel_ikoli
How did Ms. Kayinda ignore this note from the Ministry of Mines? I am scandalized by her act, she had all the data in her possession to block this transfer of assets!
@FranckFwamba
Mrs. Kayinda is among those bad Congolese and Katangese who are destroying Katanga to undermine the image of President Tshisekedi in Katanga. What is it doing to raise the public mining companies that are in Katanga: Cominiere, Sodimico, Kisenge Manganese as guardianship
Last edited:
MoneyBags1348
Top 20
11/04/2023
Carlos Translated The Above Document
Carlos Translated The Above Document
MoneyBags1348
Top 20
15/04/2023
MoneyBags1348
Top 20
11/07/2023
I have to say I’m glad CKK released this misleading article today…. It demonstrates his lies, corruption and deceptive behaviour which is good to highlight as he has been flying under the radar recently.
This is just another example showing the lies and desperation from him as well as the other recent article containing lies and deception from klaus jerkoff and tommy t
ECONOMY
Byuser1Posted
on July 11, 2023
https://geopolismagazine.net/arbitr...uipe-des-conseils-comme-renfort-pour-la-rdc/#
https://geopolismagazine.net/arbitr...uipe-des-conseils-comme-renfort-pour-la-rdc/#
COMMENTS
In a correspondence addressed, on July 07, 2023, to the Minister of State, Minister of Justice and Keeper of the Seals, with expansion to the competent Authorities including the President of the Republic, Head of State, the Prime Minister, Head of Government, to the Minister of State, Minister of the Portfolio, to the Minister of Mines, and finally; to the Special Advisor of the Head of strengthening the team of councils designated to defend the interests of the Democratic Republic of the Congo (DRC) at the arbitration chamber of the International Centre for the Settlement of Investment Disputes (IDRC), in New York, United States of America, on the Manono lithium project.
Indeed, the Congolese mining company (COMMINIERE SA) - Congolese company 90% owned by the Congolese State and 10% by the Caisse Nationale de Sécurité Sociale (CNSS) - AVZ INTERNATIONAL PT LTD (Australian Company), DATHOMIR MINING RESOURCES SARLU (Congolese Company) and JIN CHENG MINING COMPANY LTD (Chinese Company) are respectively shareholders of DATH before the Congolese courts, more or less 12 (twelve) and 6 (six) arbitrations before the Court of Arbitration of the International Chamber of Commerce CCI, in Paris, France.
"We were informed that the Australian company AVZ INTERNATIONAL had just introduced, on June 8, a new arbitration before the CIRDI in Washington and, this time, against the Democratic Republic of the Congo," wrote the DG ai of the COMMINIERE SA, Mr. Célestin Kibeya Kabemba. He continued: "The dignity of the country, its economic independence and its security are at stake in this case. Although COMINIERE SA is not a party to this conflict, we are convinced that this ClRDI arbitration is closely linked to COMINIERE SA because it represents the interests of the State in the DATHCOM MINING joint venture and the Manono Lithium project. "
AVZ INTERNATIONAL responsible for the stagnation for seven years of the Manono Lithium project
It should be remembered that this CIRDI arbitration has its origin in the partnership between AVZ INTERNATIONAL and COMINIERE SA. The latter has the best knowledge and sufficient factual evidence of a number of contract violations, abuse of majority shareholders, stock speculation and fraud on the part of AVZ INTERNATIONAL. According to the management of COMMINIERE SA, "VZ INTERNATIONAL is responsible for the stagnation for seven years of the Manono Lithium project, which caused the country to miss a period of soaring lithium prices".
In this context, although the Directorate General of COMMINIERE SA does not doubt the certain failure of the Australian company AVZ in this arbitration, it nevertheless suggested to the Authority (Minister of Justice and Keeper of the Seals) to include the portfolio company COMINIERE SA and its team of lawyers in the CIRDI's arbitration response team, in collaboration with the recruited International firm, because they all levels, including in front of the President of the Republic, Head of State.
Apart from the factual evidence of a number of contract violations, abuse of majority shareholders, stock speculation and fraud, AVZ INTERNATIONAL is also accused by its former Chairman of the Governing Council of "racism and insults against Kinshasa", acts that made it lose Manono's juicy face. But how did we get there? The answer comes from distant France.
Racism and insults have caused AVZ Minerals to lose the Manono mine
"Racism and insults caused AVZ Minerals to lose the Manono mine," said Mr. Klaus Eckhoff, Chairman of the honorary Board of Directors of this multinational, in an article entitled "Former AVZ chairman slams racist shareholders, plots new Manono deal", published on July 10, 2023 in the economic daily The Australian Financial Review (AFR). In this media outing, AVZ is criticized for its racism and repetitive insults towards the Democratic Republic of Congo (DRC) and its leaders. " Repetitive violations of the law and infringement commissions by AVZ have (also) led to the stagnation of the Manono mine for seven years. But AVZ, through its advisors, shareholders, investors and writers, blamed the country and the people of the DRC for the stagnation of the Manono mine and arrogantly engaged in condescending insults and discrimination, "added Mr. Klaus Eckhoff, former PCA of AVZ Minerals and architect of the acquisition of the Manono lithium project in 2017. In addition, this veteran of the mining industry criticized some "racist" shareholders for stirping up tensions between the suspended lithium miner and his partners in the DRC, including the Congolese mining company (COMMINIERE SA).
According to our source, an online campaign, led by AVZ's defaulting shareholders, regularly insults government representatives and Mr. Eckhoff and seriously damages AVZ's reputation in the DRC. "Look at hotcrapper on Twitter, all the racist comments and images there," denounced Mr. Eckhoff, from his base in Saint-Tropez, France. Before breaking the nail: "Government representatives speak French, but they can also read English and they understand and think that it comes from Australia. This contributes to perception, which is a problem. This is a situation in which the company (AVZ) is suing everyone, including the state, and how can it work in the country? They did not get along with their partners and the people who live in the country and who have a certain influence. If you are not there, it will be difficult. "
As if they were not enough, to these serious shortcomings of AVZ are added the statements of Mr. Cyprien Kitanga Kabale, Territorial Administrator of Manono, against COMMINIERE SA, its management and the interests of the State on a file that does not fall within its competence. Because, in the mining sector, competence is attribution. A gross fault committed by this State clerk that will not fail to be sanctioned by the competent authorities at national and provincial level.
About the CIRDI
The ICSID is the world's leading institution dedicated to the settlement of international investment disputes. It has extensive experience in this field, having administered the majority of international investment cases. States have designated the ICSID as the body for the settlement of disputes between an investor and a State in most international investment treaties as well as in many investment laws and many investment contracts.
The ICSID was established in 1966 by the Convention for the Settlement of Investment Disputes between States and nationals of other States (the ICIRID Convention). The CIRDI Convention is a multilateral treaty, developed by the Directors of the World Bank to implement the Bank's objective of promoting international investment. The CIRDI is an independent, apolitical and effective dispute resolution institution. It is available to investors and states, which helps to promote international investment by ensuring confidence in the dispute resolution process. It is also available for disputes between States under investment treaties and free trade agreements, and it acts as an administrative register.
The CIRDI ensures the settlement of disputes through conciliation, mediation, arbitration or fact-finding procedures. The ICSID process is designed to take into account the specific characteristics of international investment disputes and the parties involved, maintaining a fair balance between the interests of investors and those of host States. Each case is examined by a conciliation commission or an independent arbitral tribunal, which decides on the light of the evidence produced by the parties and their legal arguments. A dedicated ICSID team is assigned to each body and provides its expertise and assistance throughout the procedure. To date, more than 900 cases have been administered by the CIRDI.
In addition, ICSID increases awareness of international foreign investment law and the ICSID process. It has an extensive program of publications, including the reference journal ICSID Review-Foreign Investment Law Journal, and it regularly publishes information about its activities and the cases it deals with. ICSID staff organize events, make numerous presentations and participate in conferences on the settlement of international investment disputes around the world.
Géopolis Hebdo will return to this in a new editorial investigation in order to unmask hypocrisy and reveal to the Congolese people the true face of the so-called "Australian investor".
Dieudonné Buanali
I have to say I’m glad CKK released this misleading article today…. It demonstrates his lies, corruption and deceptive behaviour which is good to highlight as he has been flying under the radar recently.
This is just another example showing the lies and desperation from him as well as the other recent article containing lies and deception from klaus jerkoff and tommy t
ECONOMY
CIRDI arbitration in New York on the Manono Lithium project: The COMMINIERE makes itself available to the advisory team as a reinforcement for the DRC
Byuser1Posted
on July 11, 2023
https://geopolismagazine.net/arbitr...uipe-des-conseils-comme-renfort-pour-la-rdc/#
https://geopolismagazine.net/arbitr...uipe-des-conseils-comme-renfort-pour-la-rdc/#
COMMENTS
"We were informed that the Australian company AVZ INTERNATIONAL had just introduced, on June 8, a new arbitration before the CIRDI in Washington and, this time, against the Democratic Republic of the Congo," wrote the DG ai of the COMMINIERE SA, Mr. Célestin Kibeya Kabemba. He continued: "The dignity of the country, its economic independence and its security are at stake in this case. Although COMINIERE SA is not a party to this conflict, we are convinced that this ClRDI arbitration is closely linked to COMINIERE SA because it represents the interests of the State in the DATHCOM MINING joint venture and the Manono Lithium project. "
AVZ INTERNATIONAL responsible for the stagnation for seven years of the Manono Lithium project
It should be remembered that this CIRDI arbitration has its origin in the partnership between AVZ INTERNATIONAL and COMINIERE SA. The latter has the best knowledge and sufficient factual evidence of a number of contract violations, abuse of majority shareholders, stock speculation and fraud on the part of AVZ INTERNATIONAL. According to the management of COMMINIERE SA, "VZ INTERNATIONAL is responsible for the stagnation for seven years of the Manono Lithium project, which caused the country to miss a period of soaring lithium prices".
In this context, although the Directorate General of COMMINIERE SA does not doubt the certain failure of the Australian company AVZ in this arbitration, it nevertheless suggested to the Authority (Minister of Justice and Keeper of the Seals) to include the portfolio company COMINIERE SA and its team of lawyers in the CIRDI's arbitration response team, in collaboration with the recruited International firm, because they all levels, including in front of the President of the Republic, Head of State.
Apart from the factual evidence of a number of contract violations, abuse of majority shareholders, stock speculation and fraud, AVZ INTERNATIONAL is also accused by its former Chairman of the Governing Council of "racism and insults against Kinshasa", acts that made it lose Manono's juicy face. But how did we get there? The answer comes from distant France.
Racism and insults have caused AVZ Minerals to lose the Manono mine
"Racism and insults caused AVZ Minerals to lose the Manono mine," said Mr. Klaus Eckhoff, Chairman of the honorary Board of Directors of this multinational, in an article entitled "Former AVZ chairman slams racist shareholders, plots new Manono deal", published on July 10, 2023 in the economic daily The Australian Financial Review (AFR). In this media outing, AVZ is criticized for its racism and repetitive insults towards the Democratic Republic of Congo (DRC) and its leaders. " Repetitive violations of the law and infringement commissions by AVZ have (also) led to the stagnation of the Manono mine for seven years. But AVZ, through its advisors, shareholders, investors and writers, blamed the country and the people of the DRC for the stagnation of the Manono mine and arrogantly engaged in condescending insults and discrimination, "added Mr. Klaus Eckhoff, former PCA of AVZ Minerals and architect of the acquisition of the Manono lithium project in 2017. In addition, this veteran of the mining industry criticized some "racist" shareholders for stirping up tensions between the suspended lithium miner and his partners in the DRC, including the Congolese mining company (COMMINIERE SA).
According to our source, an online campaign, led by AVZ's defaulting shareholders, regularly insults government representatives and Mr. Eckhoff and seriously damages AVZ's reputation in the DRC. "Look at hotcrapper on Twitter, all the racist comments and images there," denounced Mr. Eckhoff, from his base in Saint-Tropez, France. Before breaking the nail: "Government representatives speak French, but they can also read English and they understand and think that it comes from Australia. This contributes to perception, which is a problem. This is a situation in which the company (AVZ) is suing everyone, including the state, and how can it work in the country? They did not get along with their partners and the people who live in the country and who have a certain influence. If you are not there, it will be difficult. "
As if they were not enough, to these serious shortcomings of AVZ are added the statements of Mr. Cyprien Kitanga Kabale, Territorial Administrator of Manono, against COMMINIERE SA, its management and the interests of the State on a file that does not fall within its competence. Because, in the mining sector, competence is attribution. A gross fault committed by this State clerk that will not fail to be sanctioned by the competent authorities at national and provincial level.
About the CIRDI
The ICSID is the world's leading institution dedicated to the settlement of international investment disputes. It has extensive experience in this field, having administered the majority of international investment cases. States have designated the ICSID as the body for the settlement of disputes between an investor and a State in most international investment treaties as well as in many investment laws and many investment contracts.
The ICSID was established in 1966 by the Convention for the Settlement of Investment Disputes between States and nationals of other States (the ICIRID Convention). The CIRDI Convention is a multilateral treaty, developed by the Directors of the World Bank to implement the Bank's objective of promoting international investment. The CIRDI is an independent, apolitical and effective dispute resolution institution. It is available to investors and states, which helps to promote international investment by ensuring confidence in the dispute resolution process. It is also available for disputes between States under investment treaties and free trade agreements, and it acts as an administrative register.
The CIRDI ensures the settlement of disputes through conciliation, mediation, arbitration or fact-finding procedures. The ICSID process is designed to take into account the specific characteristics of international investment disputes and the parties involved, maintaining a fair balance between the interests of investors and those of host States. Each case is examined by a conciliation commission or an independent arbitral tribunal, which decides on the light of the evidence produced by the parties and their legal arguments. A dedicated ICSID team is assigned to each body and provides its expertise and assistance throughout the procedure. To date, more than 900 cases have been administered by the CIRDI.
In addition, ICSID increases awareness of international foreign investment law and the ICSID process. It has an extensive program of publications, including the reference journal ICSID Review-Foreign Investment Law Journal, and it regularly publishes information about its activities and the cases it deals with. ICSID staff organize events, make numerous presentations and participate in conferences on the settlement of international investment disputes around the world.
Géopolis Hebdo will return to this in a new editorial investigation in order to unmask hypocrisy and reveal to the Congolese people the true face of the so-called "Australian investor".
Dieudonné Buanali
Arbitrage CIRDI à New-York sur le projet Lithium de Manono : La COMMINIERE se met à la disposition de l’équipe des conseils comme renfort pour la RDC - GEOPOLIS MAGAZINE
Dans une correspondance adressée, le 07 juillet 2023, à Madame le Ministre d’Etat, Ministre de la Justice et Garde des Sceaux, avec ampliation aux Autorités compétentes dont Monsieur le Président de la République, Chef de l’Etat, Monsieur le Premier Ministre, Chef du Gouvernement, à Madame le...
geopolismagazine.net
Last edited:
MoneyBags1348
Top 20
11/07/2023
This false article released in tandem with the above article is clearly able to be proven to be full of lied, deception and misleading information
ShareFACEBOOKTWITTERlinkedInWordPressMessengerWhatsAppSkypeViberSMSOutlook.come-mail
Image
Here are excerpts from the AFR article:
Klaus Eckhoff, former AVZ Minerals PCA and architect of the acquisition of the Manono lithium project in 2017, criticized "racist" shareholders for stirring up tensions between the suspended lithium miner and its partners in the Democratic Republic of Congo.
The mining industry veteran said that an online campaign led by AVZ's defaulting shareholders, insulting government representatives and Mr. Eckhoff, had damaged AVZ's reputation in the DRC.
"Look at hotcrapper on Twitter, all the racist comments and images there," said Mr. Eckhoff, from his base in Saint-Tropez, France.
"Government representatives speak French, but they can also read English and they understand and think that it comes from Australia. This contributes to perception, which is a problem."
7sur7.cd
This false article released in tandem with the above article is clearly able to be proven to be full of lied, deception and misleading information
Tribune - DRC/Mines: "Racism and insults have made AVZ lose the Manono Mine", Eckhoff, Former PCA AVZ
Monday, July 10, 2023 - 16:20ShareFACEBOOKTWITTERlinkedInWordPressMessengerWhatsAppSkypeViberSMSOutlook.come-mail
Image
Repetitive violations of the law and infringement commissions by AVZ led to the stagnation of the Manono mine for seven years. But AVZ, through its advisors, shareholders, investors and writers, blamed the country and the people of the Democratic Republic of Congo for the stagnation of the Manono mine and arrogated to condescending insults and discrimination!
On July 10, 2023, the economic daily The Australian Financial Review (AFR) published an article entitled "Former AVZ chairman slams 'racist' shareholders, plots new Manono deal", in which AVZ is criticized for its racism and insults towards the DRC. Let's unmask hypocrisy and reveal to the people of the DRC the true face ofHere are excerpts from the AFR article:
Klaus Eckhoff, former AVZ Minerals PCA and architect of the acquisition of the Manono lithium project in 2017, criticized "racist" shareholders for stirring up tensions between the suspended lithium miner and its partners in the Democratic Republic of Congo.
The mining industry veteran said that an online campaign led by AVZ's defaulting shareholders, insulting government representatives and Mr. Eckhoff, had damaged AVZ's reputation in the DRC.
"Look at hotcrapper on Twitter, all the racist comments and images there," said Mr. Eckhoff, from his base in Saint-Tropez, France.
"Government representatives speak French, but they can also read English and they understand and think that it comes from Australia. This contributes to perception, which is a problem."
Christian Kakule
Tribune - RDC/Mines : « Le racisme et les insultes ont fait perdre la Mine Manono à AVZ », Eckhoff, Ancien PCA AVZ
De répétitives violations de la loi et des commissions d’infraction par AVZ ont conduit à la stagnation de la mine de Manono pendant sept ans. Mais AVZ, par l'intermédiaire de ses conseillers, actionnaires, investisseurs et écrivains, a blâmé le pays et le peuple de la République démocratique du...
MoneyBags1348
Top 20
15/07/2023
ECONOMY
GEOPOLIShohda
After the settlement of the DATHCOM MINING SA case
Recall of facts
Célestin Kibeya: "COMINIERE SA now has the opportunity to negotiate a win-win contract on Manono Lithium"
La Congolaise de l'Exploitation Miniere (COMMINIERE SA) is a company owned 90% by the Congolese State through the Ministry of Portfolio and 10% by the National Social Security Fund (CNSS). After the outcome of the DATHCOM MINING SA file, a company resulting from a partnership in which COMINIERE SA held 10%, the parastatal found itself in a favorable position in the mega lithium project of Manono for which it had already been excluded by the majority shareholder through multiple abuses. Today, COMINTERE SA is again the holder of PR 13359, which has enabled it to negotiate favorably with the two other shareholders. Indeed, COMINIERE, which ended up with a 10% stake in DATTICOM MINING, is currently with 85% with the possibility of reformulating the JV to allow it to move on to the production phase with a reliable partner. "COMINIERE SA, which had to evolve with an unbalanced contract in DATHCOM MINING SA, succeeded in terminating this contract and it now has the possibility of negotiating a win-win contract, declared Célestin Kibeya Kabemba, formerly its Director. General DG ai, in a private correspondence addressed to Géopolis Magazine As we can all see, COMINIERE SA has the advantage of signing three partnership contracts instead of just one on this Manono deposit whose potential is big. Thus the inputs in terms of finance are multiplied by three. This also gives more opportunities in terms of job creation. "In connection with arbitration in Paris. negotiations are in sight with the majority shareholder in AVZ. This one expressed the wish to integrate alone the project by getting rid of AVZ. The condition that has been put on the table is the withdrawal of the arbitration complaint. The discussions are moving in the right direction when the DG ai of COMMINIERE SA, Mr. Celestin Kibeya announced.
The evolution of the file DATHCOM MINING SA, a company resulting from a partnership in which COMINIERE SA held 10%, was based on the development of the Lithium-tin project of Manono-Kitotolo. The project, which was to be in the operating phase at that time, could not be completed following a number of problems within the shareholders following a contract that COMINIERE SA had signed on January 27, 2017 and that modified on March 25, 2017 with various partners including AVZ INTERNATIONAL PTY LTD, DATHOMIR MINING RESSOURCES SARLU having led to the creation of this JV. Since this contract was unbalanced, this gave rise to an abuse of majority on the part of AVZ I. Acts of fraud were also observed on the part of this same shareholder. These various misdeeds have resulted in numerous lawsuits which have plagued the project and removed it from its operational phase to the great detriment of the Congolese State, all the shareholders and the local populations. It is often cited for illustrative purposes RAC 2858 before the Commercial Court of Lubumbashi; RAC 2007 before the Commercial Courts of Lubumbashi, RP 14944 before the Tribunal de Grande Instance of Lubumbashi RPA 7610 before the Court of Appeal of Lubumbashi; RCE 7102 before the Commercial Court of Kinshasa Gombe RR 3204, RR4416 and 4419 before the Court of Cassation of the R D Congo, and finally CCI n° 26986/SP before the International Chamber of Commerce of Paris. The ultimate point of the crisis was reached by the fact that COMINIERE SA sold 15% of its shares in DATHCOM MINING SAS to JIN CHENG and AVZ INTERNATIONAL had refused to recognize JIN CHENG's entry into the share capital of the joint venture. The trigger for the sequence of events was the arrest of the DG ai, Mr. Athanase Mwamba Misao. This led on November 30, 2022 to the Board of Directors of COMINIERE to appoint Mr. Célestin Kibeya Kabemba as DG ai. The latter had on December 6, 2022 by his letter CEM/DG/138/ckk/2022 requested the postponement of the decrees relating to the partial waiver of PR 13359 and the granting of PE 13359. His request was satisfied by the Minister des Mines, Antoinette N'Samba Kalambayi, dated 28
Tri-weekly General Information, nº1468 from Friday July 14 to Sunday July 16, 2023 - Page 6
Continued on page 7
GEOPOLIShed
ECONOMY
After the settlement of the DATHCOM MINING SA case
Continued from page 6 -
January 2023. Still among these first actions, the new ad interim CEO sent a formal notice to AVZ L on December 6, 2022. Thus by his letter CEM DG/139/ckk/2022 the CEO asked the shareholder AVZ international to provide proof of fundraising as well as the allocation of these funds to the common project. The DG ai based his argument on the opacity noted in these fundraising operations, which constitutes a breach of the JV contract. Thus, in accordance with Article 18.3 of the JV contract, he gave AVZ formal notice to communicate to him all documents relating to the financing file of the DATHCOM MINING SA project with the details of the financial institution which granted the financing, the amount released, as well as the reimbursement guarantees given Failing AVZ to produce the said documents within 90 days of receipt of its correspondence, COMINIERE SA should draw all the consequences,
AVZ INTERNATIONAL has, after a formal notice sent to it by COMINIERE SA, failed in its contractual obligations having thus led to the unilateral termination of the aforementioned joint venture contract by COMINIERE SA with regard to AVZ INTERNATIONAL PTY LTD for gross breach and persistence of contract.
This termination of the contract on the initiative of COMINIERE SA took place on April 4, 2023, and following the consequences to be drawn from this termination, on April 7, 2023 COMINIERE SA assigned the Mining Cadastre (CAMI) to the Tribunal de Grande Instance of Kalemia. It is in partial execution of judgment RC 3815 / RH 0242 rendered by the Tribunal de Grande Instance of Kalemie on May 3, 2023 between it and CAMI, that PR 13359 formerly sold to DATHCOM MINING SA under the terms of the contract for the transfer of permits of January 13, 2017, was reinstated in the name of COMINIERE SA On May 9, 2023, there was partial execution by the CAMI of this judgment, since it was noted by the latter in its register that the other concessions transferred to DATHCOM MINING SA ended up with other holders.
In the meantime, anxious to restore the co-owners of DATHCOM MINING SA to their rights after the dissolution of the latter, a deed of commitment was signed on May 19, 2023 with DATHOMIR on the one hand in which the parties note the return of PR 13359 in COMINIERE
SA and de facto the extinction of the corporate purpose of DATHCOM MINING SAS The parties have undertaken to cooperate together to safeguard their mutual interests. The parties have even agreed to safeguard shares in the future JV to be created in the part of PR 13359 formerly certified by DATHCOM MINING regardless of the future partner and the terms of the future as follows: 1 COMINIERE SA (10+60 formerly of AVZ) i.e. 70% and, 2) DATHOMIR MINING RESOURCES SARLU 15% COMINIERE SA guarantees to this company to renew its shares in the JV which will be reformulated on the part of the PR which saw the completion of the feasibility study with AVZ The parties also agree that COMINIERE SA bears sole responsibility for the dispute over the termination of the aforementioned joint-venture contract initiated by AVZ INTERNATIONAL before the CCL in Paris under ICC 27720/SP and, where applicable, will be solely liable with regard to AVZ INTERNATIONAL In return, COMINIERE SA will take over the 60% of the shares previously owned by AVZ INTERNATIONAL E DATHOMIR undertakes to waive all proceedings before the CCI and/or the state courts against COMINIERE SA in the context of the litigation of the unilateral termination of the joint venture agreement of January 27, 2017 as amended on March 25, 2017. On the other hand. JIN CHENG with COMINIERE SA had to negotiate already before the termination of the JV contract in order to find a way out following the many problems that were going on within the JV. On October 21, 2022, JIN CHENG presents COMINIERE SA with an offer in which he proposes to return to COMINIERE SA the 15% share he acquired from the latter in the share capital of DATHCOM MINING SA and that without requiring reimbursement of the amount paid for the purchase of his 15%. But in return, COMINIERE SA had to undertake to sign another JV contract with JIN CHENG on the part of PR 13359 which has not undergone research work by DATHCOM. The CEO of COMINIERE SA had accepted this offer subject to the decision of the General Assembly and its Board of Directors of the parapublic When the CEO of COMINIERE SA submits this offer to these two management bodies on March 31, 2023, the 2 April 2023, this was deemed inappropriate given that these bodies had already authorized DG COMINIERE SA to terminate the JV contract. What about the CCI Paris file following the termination of the JV contract? This scenario was considered before going
,
mining title was recovered before the protective measures in arbitration could block COMINIERE SA from the rest of the project. Here is how this action was carried out in arbitration.
Background to the case
On April 11, 2023, the companies AVZ 1, DATHCOM and GLH filed a request for arbitration against the Company COMINIERE SA before the International Court of Arbitration of the International Chamber of Commerce in Paris. This request for arbitration was registered under case number ICC n°22720/SP. In the background, in the context of this arbitration, the plaintiffs accuse COMINIERE SA of violating the right of first refusal granted to AVZ I during the transfer of shares granted by COMINIERE SA to the company JIN CHENG In the meantime, notices dated April 7, 2023 of the termination of the Joint Venture contract by COMINIERE SA, the plaintiffs hastened to introduce, on April 18, 2023, a request for emergency measures As provided for in the Arbitration Rules of the International Court of Arbitration of the International Chamber of Commerce (Article 29 and Appendix V), an emergency arbitrator has been appointed to decide on the request for emergency measures.
The stakes of the motion for the purposes of emergency measures
In its letter of termination of the Joint Venture, the company COMINIERE SA had indicated that In the near future, the consequences will have to be drawn both on the fate of the joint venture, on the title ceded by COMINIERE SA to the latter, and on AVZ's real investment so far For the plaintiffs, DATHCOM this passage clearly suggests that COMINIERE SA is in the process of executing a plan whose stages are: 1) termination, 2) recovery of title, 3) the dissolution of the JV, etc. But, in all cases, the plaintiffs intended to be reassured that COMINIERE SA would not act in violation of the arbitration clause and the said termination. That's why she wouldn't make the situation worse
before a decision is made on the merits of the dispute by the arbitral tribunal. In doing so, the plaintiffs specifically requested that the emergency arbitrator be able to 1) Order COMINIERE SA not to take any action and not to bring any action that would result from the implementation of the termination of the modified JV contract that she claims to have operated and or of the consequences of this attempted termination; 2) Order COMINIERE SA to comply with Article 11.1 of the amended JV Contract and, in any event, not to seize the state courts on the merits for any dispute in connection with the amended JV Contract and/or the termination that it claims to have operated 3) Order COMINIERE SA to refrain from any action likely to harm DATHCOM MINING as well as the Manono Project: 4) Match each of the injunctions with a penalty payment of one hundred thousand (100,000) euros per day of infringement observed: 5) Declare that the litigation of the liquidation of this penalty will be reserved for the arbitration tribunal seized of the question of the validity of the termination of the modified JV contract, and finally 6) Order COMINIERE SA to bear the all the costs of this emergency arbitration and to reimburse the plaintiffs for all the costs incurred by them in connection with this procedure, including in particular the costs and attorneys' fees. Theoretically, in arbitration, this type of request for interim measures is very common. And considering that these purely precautionary measures cannot in principle cause any prejudice to any of the parties, the arbitrators are generally inclined to fire at them should In absolute terms, one could consider that these measures which only aim to maintain the status quo and to avoid circumventing the arbitration clause would not be likely to prejudice the interests of COMINIERE SA However, in consideration of the plan drawn up and followed by COMINIERE SA to release the Manono Lithium project as soon as possible. the challenge is to see COMINIERE SA locked in the strict framework of Arbitration when it would have an interest in also maneuvering internally, on its land
After the outcome of the MINING SA file. COMINIERESA the advantage of signing three partnership contracts instead of just one on this Manono deposit. Thus, the inputs in terms of finance are multiplied by three. It also gives more opportunities for job creation.
Robert Tanzey
Tri-weekly General Information, n°1468 from Friday July 14 to Sunday July 16, 2023 - Page 7
Sammael Posted
ECONOMY
GEOPOLIShohda
After the settlement of the DATHCOM MINING SA case
Recall of facts
Célestin Kibeya: "COMINIERE SA now has the opportunity to negotiate a win-win contract on Manono Lithium"
La Congolaise de l'Exploitation Miniere (COMMINIERE SA) is a company owned 90% by the Congolese State through the Ministry of Portfolio and 10% by the National Social Security Fund (CNSS). After the outcome of the DATHCOM MINING SA file, a company resulting from a partnership in which COMINIERE SA held 10%, the parastatal found itself in a favorable position in the mega lithium project of Manono for which it had already been excluded by the majority shareholder through multiple abuses. Today, COMINTERE SA is again the holder of PR 13359, which has enabled it to negotiate favorably with the two other shareholders. Indeed, COMINIERE, which ended up with a 10% stake in DATTICOM MINING, is currently with 85% with the possibility of reformulating the JV to allow it to move on to the production phase with a reliable partner. "COMINIERE SA, which had to evolve with an unbalanced contract in DATHCOM MINING SA, succeeded in terminating this contract and it now has the possibility of negotiating a win-win contract, declared Célestin Kibeya Kabemba, formerly its Director. General DG ai, in a private correspondence addressed to Géopolis Magazine As we can all see, COMINIERE SA has the advantage of signing three partnership contracts instead of just one on this Manono deposit whose potential is big. Thus the inputs in terms of finance are multiplied by three. This also gives more opportunities in terms of job creation. "In connection with arbitration in Paris. negotiations are in sight with the majority shareholder in AVZ. This one expressed the wish to integrate alone the project by getting rid of AVZ. The condition that has been put on the table is the withdrawal of the arbitration complaint. The discussions are moving in the right direction when the DG ai of COMMINIERE SA, Mr. Celestin Kibeya announced.
The evolution of the file DATHCOM MINING SA, a company resulting from a partnership in which COMINIERE SA held 10%, was based on the development of the Lithium-tin project of Manono-Kitotolo. The project, which was to be in the operating phase at that time, could not be completed following a number of problems within the shareholders following a contract that COMINIERE SA had signed on January 27, 2017 and that modified on March 25, 2017 with various partners including AVZ INTERNATIONAL PTY LTD, DATHOMIR MINING RESSOURCES SARLU having led to the creation of this JV. Since this contract was unbalanced, this gave rise to an abuse of majority on the part of AVZ I. Acts of fraud were also observed on the part of this same shareholder. These various misdeeds have resulted in numerous lawsuits which have plagued the project and removed it from its operational phase to the great detriment of the Congolese State, all the shareholders and the local populations. It is often cited for illustrative purposes RAC 2858 before the Commercial Court of Lubumbashi; RAC 2007 before the Commercial Courts of Lubumbashi, RP 14944 before the Tribunal de Grande Instance of Lubumbashi RPA 7610 before the Court of Appeal of Lubumbashi; RCE 7102 before the Commercial Court of Kinshasa Gombe RR 3204, RR4416 and 4419 before the Court of Cassation of the R D Congo, and finally CCI n° 26986/SP before the International Chamber of Commerce of Paris. The ultimate point of the crisis was reached by the fact that COMINIERE SA sold 15% of its shares in DATHCOM MINING SAS to JIN CHENG and AVZ INTERNATIONAL had refused to recognize JIN CHENG's entry into the share capital of the joint venture. The trigger for the sequence of events was the arrest of the DG ai, Mr. Athanase Mwamba Misao. This led on November 30, 2022 to the Board of Directors of COMINIERE to appoint Mr. Célestin Kibeya Kabemba as DG ai. The latter had on December 6, 2022 by his letter CEM/DG/138/ckk/2022 requested the postponement of the decrees relating to the partial waiver of PR 13359 and the granting of PE 13359. His request was satisfied by the Minister des Mines, Antoinette N'Samba Kalambayi, dated 28
Tri-weekly General Information, nº1468 from Friday July 14 to Sunday July 16, 2023 - Page 6
Continued on page 7
GEOPOLIShed
ECONOMY
After the settlement of the DATHCOM MINING SA case
Continued from page 6 -
January 2023. Still among these first actions, the new ad interim CEO sent a formal notice to AVZ L on December 6, 2022. Thus by his letter CEM DG/139/ckk/2022 the CEO asked the shareholder AVZ international to provide proof of fundraising as well as the allocation of these funds to the common project. The DG ai based his argument on the opacity noted in these fundraising operations, which constitutes a breach of the JV contract. Thus, in accordance with Article 18.3 of the JV contract, he gave AVZ formal notice to communicate to him all documents relating to the financing file of the DATHCOM MINING SA project with the details of the financial institution which granted the financing, the amount released, as well as the reimbursement guarantees given Failing AVZ to produce the said documents within 90 days of receipt of its correspondence, COMINIERE SA should draw all the consequences,
AVZ INTERNATIONAL has, after a formal notice sent to it by COMINIERE SA, failed in its contractual obligations having thus led to the unilateral termination of the aforementioned joint venture contract by COMINIERE SA with regard to AVZ INTERNATIONAL PTY LTD for gross breach and persistence of contract.
This termination of the contract on the initiative of COMINIERE SA took place on April 4, 2023, and following the consequences to be drawn from this termination, on April 7, 2023 COMINIERE SA assigned the Mining Cadastre (CAMI) to the Tribunal de Grande Instance of Kalemia. It is in partial execution of judgment RC 3815 / RH 0242 rendered by the Tribunal de Grande Instance of Kalemie on May 3, 2023 between it and CAMI, that PR 13359 formerly sold to DATHCOM MINING SA under the terms of the contract for the transfer of permits of January 13, 2017, was reinstated in the name of COMINIERE SA On May 9, 2023, there was partial execution by the CAMI of this judgment, since it was noted by the latter in its register that the other concessions transferred to DATHCOM MINING SA ended up with other holders.
In the meantime, anxious to restore the co-owners of DATHCOM MINING SA to their rights after the dissolution of the latter, a deed of commitment was signed on May 19, 2023 with DATHOMIR on the one hand in which the parties note the return of PR 13359 in COMINIERE
SA and de facto the extinction of the corporate purpose of DATHCOM MINING SAS The parties have undertaken to cooperate together to safeguard their mutual interests. The parties have even agreed to safeguard shares in the future JV to be created in the part of PR 13359 formerly certified by DATHCOM MINING regardless of the future partner and the terms of the future as follows: 1 COMINIERE SA (10+60 formerly of AVZ) i.e. 70% and, 2) DATHOMIR MINING RESOURCES SARLU 15% COMINIERE SA guarantees to this company to renew its shares in the JV which will be reformulated on the part of the PR which saw the completion of the feasibility study with AVZ The parties also agree that COMINIERE SA bears sole responsibility for the dispute over the termination of the aforementioned joint-venture contract initiated by AVZ INTERNATIONAL before the CCL in Paris under ICC 27720/SP and, where applicable, will be solely liable with regard to AVZ INTERNATIONAL In return, COMINIERE SA will take over the 60% of the shares previously owned by AVZ INTERNATIONAL E DATHOMIR undertakes to waive all proceedings before the CCI and/or the state courts against COMINIERE SA in the context of the litigation of the unilateral termination of the joint venture agreement of January 27, 2017 as amended on March 25, 2017. On the other hand. JIN CHENG with COMINIERE SA had to negotiate already before the termination of the JV contract in order to find a way out following the many problems that were going on within the JV. On October 21, 2022, JIN CHENG presents COMINIERE SA with an offer in which he proposes to return to COMINIERE SA the 15% share he acquired from the latter in the share capital of DATHCOM MINING SA and that without requiring reimbursement of the amount paid for the purchase of his 15%. But in return, COMINIERE SA had to undertake to sign another JV contract with JIN CHENG on the part of PR 13359 which has not undergone research work by DATHCOM. The CEO of COMINIERE SA had accepted this offer subject to the decision of the General Assembly and its Board of Directors of the parapublic When the CEO of COMINIERE SA submits this offer to these two management bodies on March 31, 2023, the 2 April 2023, this was deemed inappropriate given that these bodies had already authorized DG COMINIERE SA to terminate the JV contract. What about the CCI Paris file following the termination of the JV contract? This scenario was considered before going
,
mining title was recovered before the protective measures in arbitration could block COMINIERE SA from the rest of the project. Here is how this action was carried out in arbitration.
Background to the case
On April 11, 2023, the companies AVZ 1, DATHCOM and GLH filed a request for arbitration against the Company COMINIERE SA before the International Court of Arbitration of the International Chamber of Commerce in Paris. This request for arbitration was registered under case number ICC n°22720/SP. In the background, in the context of this arbitration, the plaintiffs accuse COMINIERE SA of violating the right of first refusal granted to AVZ I during the transfer of shares granted by COMINIERE SA to the company JIN CHENG In the meantime, notices dated April 7, 2023 of the termination of the Joint Venture contract by COMINIERE SA, the plaintiffs hastened to introduce, on April 18, 2023, a request for emergency measures As provided for in the Arbitration Rules of the International Court of Arbitration of the International Chamber of Commerce (Article 29 and Appendix V), an emergency arbitrator has been appointed to decide on the request for emergency measures.
The stakes of the motion for the purposes of emergency measures
In its letter of termination of the Joint Venture, the company COMINIERE SA had indicated that In the near future, the consequences will have to be drawn both on the fate of the joint venture, on the title ceded by COMINIERE SA to the latter, and on AVZ's real investment so far For the plaintiffs, DATHCOM this passage clearly suggests that COMINIERE SA is in the process of executing a plan whose stages are: 1) termination, 2) recovery of title, 3) the dissolution of the JV, etc. But, in all cases, the plaintiffs intended to be reassured that COMINIERE SA would not act in violation of the arbitration clause and the said termination. That's why she wouldn't make the situation worse
before a decision is made on the merits of the dispute by the arbitral tribunal. In doing so, the plaintiffs specifically requested that the emergency arbitrator be able to 1) Order COMINIERE SA not to take any action and not to bring any action that would result from the implementation of the termination of the modified JV contract that she claims to have operated and or of the consequences of this attempted termination; 2) Order COMINIERE SA to comply with Article 11.1 of the amended JV Contract and, in any event, not to seize the state courts on the merits for any dispute in connection with the amended JV Contract and/or the termination that it claims to have operated 3) Order COMINIERE SA to refrain from any action likely to harm DATHCOM MINING as well as the Manono Project: 4) Match each of the injunctions with a penalty payment of one hundred thousand (100,000) euros per day of infringement observed: 5) Declare that the litigation of the liquidation of this penalty will be reserved for the arbitration tribunal seized of the question of the validity of the termination of the modified JV contract, and finally 6) Order COMINIERE SA to bear the all the costs of this emergency arbitration and to reimburse the plaintiffs for all the costs incurred by them in connection with this procedure, including in particular the costs and attorneys' fees. Theoretically, in arbitration, this type of request for interim measures is very common. And considering that these purely precautionary measures cannot in principle cause any prejudice to any of the parties, the arbitrators are generally inclined to fire at them should In absolute terms, one could consider that these measures which only aim to maintain the status quo and to avoid circumventing the arbitration clause would not be likely to prejudice the interests of COMINIERE SA However, in consideration of the plan drawn up and followed by COMINIERE SA to release the Manono Lithium project as soon as possible. the challenge is to see COMINIERE SA locked in the strict framework of Arbitration when it would have an interest in also maneuvering internally, on its land
After the outcome of the MINING SA file. COMINIERESA the advantage of signing three partnership contracts instead of just one on this Manono deposit. Thus, the inputs in terms of finance are multiplied by three. It also gives more opportunities for job creation.
Robert Tanzey
Tri-weekly General Information, n°1468 from Friday July 14 to Sunday July 16, 2023 - Page 7
Arbitrage CIRDI à New-York sur le projet Lithium de Manono : La COMMINIERE se met à la disposition de l’équipe des conseils comme renfort pour la RDC - GEOPOLIS MAGAZINE
Dans une correspondance adressée, le 07 juillet 2023, à Madame le Ministre d’Etat, Ministre de la Justice et Garde des Sceaux, avec ampliation aux Autorités compétentes dont Monsieur le Président de la République, Chef de l’Etat, Monsieur le Premier Ministre, Chef du Gouvernement, à Madame le...
geopolismagazine.net
Last edited:
MoneyBags1348
Top 20
16/07/2023
Sammael Posted
Today at 10:53 AM
The new ad interim CEO sent a formal notice to AVZ L on December 6, 2022. Thus by his letter CEM DG/139/ckk/2022 the CEO asked the shareholder AVZ international to provide proof of fundraising as well as the allocation of these funds to the common project. The DG ai based his argument on the opacity noted in these fundraising operations, which constitutes a breach of the JV contract. Thus, in accordance with Article 18.3 of the JV contract, he gave AVZ formal notice to communicate to him all documents relating to the financing file of the DATHCOM MINING SA project with the details of the financial institution which granted the financing, the amount released, as well as the reimbursement guarantees given Failing AVZ to produce the said documents within 90 days of receipt of its correspondence, COMINIERE SA should draw all the consequences
Carlos Replied
Article 18.3 of the Dathcom JV and Article 11 that it refers to are below
CKK is an absolute fucking moron citing 18.3 and then seeking to terminate the JV within the DRC as it clearly states that arbitration through the ICC is how disputes are to be settled
Sammael Posted
Today at 10:53 AM
The new ad interim CEO sent a formal notice to AVZ L on December 6, 2022. Thus by his letter CEM DG/139/ckk/2022 the CEO asked the shareholder AVZ international to provide proof of fundraising as well as the allocation of these funds to the common project. The DG ai based his argument on the opacity noted in these fundraising operations, which constitutes a breach of the JV contract. Thus, in accordance with Article 18.3 of the JV contract, he gave AVZ formal notice to communicate to him all documents relating to the financing file of the DATHCOM MINING SA project with the details of the financial institution which granted the financing, the amount released, as well as the reimbursement guarantees given Failing AVZ to produce the said documents within 90 days of receipt of its correspondence, COMINIERE SA should draw all the consequences
Carlos Replied
Article 18.3 of the Dathcom JV and Article 11 that it refers to are below
CKK is an absolute fucking moron citing 18.3 and then seeking to terminate the JV within the DRC as it clearly states that arbitration through the ICC is how disputes are to be settled
MoneyBags1348
Top 20
Your time was always going to come Celestin Kibeya Kabemba.
It’s time to join those who came before you like Athanase Mwamba Misao and Jean Felix Mupande Kapwa
It’s time to join those who came before you like Athanase Mwamba Misao and Jean Felix Mupande Kapwa
MoneyBags1348
Top 20
Voodoo
MoneyBags1348
Top 20