Cominiere

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24/08/2023

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NEWSECONOMY

The new staff of COMINIERE promises to make lithium the workhorse for the revival of the company​

August 23, 2023
Kiki Kienge


By Kiki Kienge
It was during the handover and takeover ceremony with the former administration of COMINIERE (Congolese mining company) which took place this Monday, August 21, 2023 in Kinshasa, that the new staff now at the head of the company, unveiled its ambitions for the revival of the Congolese state company which since the end of the exploitation of tin under Mobutu's Zaire, has remained only the shadow of itself.
With the discovery of the richest hard rock lithium deposit in the world, an ore already certified through the joint venture, DATHCOM, including the group's Australian partners, AVZ MINERALS, which provided their financial and material resources for the international certification of lithium. of Manono through its feasibility study. La COMINIERE has seen its dreams of ambitions of international grandeur come true, and why not compete with the Congolese cobalt and copper mining giant like Gécamines!
After at least four years of indecision on the establishment of a management team for COMINIERE, the Head of State Félix Tshisekedi has decided to appoint the new staff of the company with Mrs. Lisette Tshibwabwa one of his relatives as President of the Administration Committee and Céléstin Kibeya as Managing Director.
At the handover ceremony after reading the ordinance appointing members of the Board of Directors and the management committee, as well as the minutes, to participate in particular the representative of the Minister of Portfolio, Mrs Adèle Kayinda , Ministry in charge of Congolese state companies, the Management Committee and COMINIERE staff.
After reading the order appointing members of the Board of Directors and the Management Committee, the outgoing Chairman AI of the Board of Directors wished the new management team every success:
“What I can say and I urge Madam President, to continue the revival and above all to make it operational, so that COMINIERE actually becomes a mining producing company. That way we could not completely do without partnerships, at least we have our own business that works and that talks to each other in parallel with its partners. »
The new PCA, Lisette Tshibwabwa Kabanga praised the work of the outgoing team and promised to spare no effort so that COMINIERE becomes again with its lithium, one of the major companies in the country which contribute to the development of the country:
“In my capacity as Chairman of the Board of Directors, we will humbly ensure that COMINIERE takes up the challenges and difficulties related to its future by allowing it to benefit; Firstly, what is due to it in terms of rights, property, communication, image and to rise in the category of large-scale companies. The Board of Directors will not fail to do its utmost to ensure that COMINIERE is a model management company. »
COMINIERE hopes that under the direction of engineer Célestin Kabeya Kabemba , to accomplish its sovereign missions and carry out its Manono lithium project in the province of Tanganyika, in particular to make DR Congo the world center for energy transition through this mineral strategic.

kongopress.com

Le nouveau staff de la COMINIERE promet de faire du lithium le cheval de bataille pour la relance de l'entreprise - Kongo Presse

Par Kiki Kienge C’est au cours de la cérémonie de remise et reprise avec l’ancienne administration de la COMINIERE (La congolaise d’exploitation minière) qui s’est déroulée ce lundi 21 août…
kongopress.com
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TITS Replied

La COMINIERE has seen its dreams of ambitions of international grandeur come true

Now thats a novel way of saying these corrupt xxxxxxxx have blocked and held up this project for over two years now, all the while selling off state assets on the cheap and pocketing bribes for doing so.

the Head of State Félix Tshisekedi has decided to appoint the new staff of the company with Mrs. Lisette Tshibwabwa one of his relatives as President of the Administration Committee and Céléstin Kibeya as Managing Director.

Well, I'll have to get this confirmed but it makes a little more sense now if that's true. Lisette is related to the president. What's Kibeya then, whats the reason for his pass? Also if this is true then it'll put a family shaped fork into the the theory of setting Lisette and Kibeya up for the ICC shaming to then use that as a reason to get rid.

The new PCA, Lisette Tshibwabwa Kabangapraised the work of the outgoing team and promised to spare no effort so that COMINIERE becomes again with its lithium, one of the major companies in the country which contribute to the development of the country:

Translation : We have realised how important Lithium is to the Chinese and cannot wait to accept further bribes for committing fraud, embezzlement and also hopefully screwing over other foreign companies while doing our utmost to screw over the state and its citizens for personal benefit.

The Board of Directors will not fail to do its utmost to ensure that COMINIERE is a model management company

🤣🤣🤣🤣🤣🤣

COMINIERE hopes that under the direction of engineer Célestin Kabeya Kabemba , to accomplish its sovereign missions and carry out its Manono lithium project in the province of Tanganyika, in particular to make DR Congo the world center for energy transition through this mineral strategic.


Carry out ITS Manono lithium project. Au contraire mon frere, Cominiere seem to have very short memories. Now I'm not Pythagoras, but bare with me here, and please try your best to keep up as I take you through some Advanced Mathematics, 25% - 15% = 10%.

This is very handy as its the very percentage that goes to the state, to be handed over at ML by Cominiere. So the Cominiere SOLD OFF their stake for peanuts (and personal bribes), AVZ will exercise their ROFR as per the JV for the same price considering both Lisette and Kibeya were the 'masterminds' behind the Zijin deal and they did such a stellar job they have both been promoted.

But alas, its theirs, the whole illegal dealing with Zijin was a practical joke as was the blocking Manono from progressing for the last 2 years…. come on AVZ where's your sense of humour, so back to work, first port of call, we need one of those advance dividends to keep the lights on guys
 
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26/08/2023
j.l Posted



ChatGPT translation:

According to the media outlet Géopolis, Célestin Kibeya Kabemba, General Manager of COMINIERE, allegedly certified the following in a letter:

"She (COMINIERE) found itself in a favorable position in the Manono lithium mega project, from which it had already been excluded by the majority shareholder (AVZ MINERALS) due to multiple abuses. Today, COMINIERE SA is once again the holder of PR 13359, which has allowed it to negotiate favorably with the other two shareholders. In fact, COMINIERE, which previously held 10% of shares in DATHCOM MINING, now holds 85%, with the possibility of restructuring the joint venture to move on to the production phase with a reliable partner. 'COMINIERE SA, which had been operating under an imbalanced contract in DATHCOM MINING SA, has managed to terminate that contract and now has the opportunity to negotiate a win-win contract.'"

It's worth noting that these statements were made at least a month before Céléstin Kibeya's appointment as General Manager by the head of state, Félix Tshisekedi.

It was no longer a secret to anyone informed and interested in the Manono lithium project that negotiations were underway after the cancellation of exploitation permit 13359 by DATHCOM, led by the Minister of Mines, Adèle Kayinda. These negotiations involved COMINIERE, representatives of the Kinshasa government, and AVZ MINERALS, aiming to find a compromise between the conflicting parties within DATHCOM MINING.

However, an official veto was imposed by the government representatives, particularly on AVZ MINERALS, to prevent the disclosure of information and the existence of these negotiations. This was due to concerns that aggressive AVZ shareholders on social media might use the information to criticize Congolese authorities.

Recall the accusations of insults directed at the head of state and the Democratic Republic of Congo by COMINIERE executives and certain media outlets not favorable to the Australian position, against Twitter profiles defending their shareholder positions in AVZ MINERALS, which were negatively affected by the downturn in the Manono lithium project.

Last January, due to alleged opacity on COMINIERE's part, it sent a formal notice to AVZ INTERNATIONAL, requesting evidence of foreign fundraising, project assignments within DATHCOM, and notably repayment guarantees.

Célestin Kibeya's accusations against AVZ MINING were based on the violation of Article 18.3 of the DATHCOM joint venture contract.

According to COMINIERE, since AVZ INTERNATIONAL didn't provide the requested data within 90 days of receiving its correspondence, AVZ INTERNATIONAL failed to fulfill its contractual obligations. This automatically led to the unilateral termination of the DATHCOM joint venture contract.

Having observed the serious and persistent violation of the DATHCOM contract that occurred on April 4, 2023, COMINIERE drew its conclusions on April 7, 2023, to terminate the joint venture and engaged the mining cadastre (CAMI) with the Kalemie Court of First Instance.

On May 9, 2023, the Kalemie court decreed that PR 13359, which was previously transferred to DATHCOM MINING SA through the contract signed on January 13, 2017, had been fully restored to COMINIERE SA.

In anticipation of the outcome of the Paris International Chamber of Commerce (CCI) arbitration, COMINIERE and DATHOMIR, led by Chinese national Simon Cong, signed a commitment on May 19, 2023. This aimed to confirm the restoration of PR 13359 to COMINIERE based on the Kalemie Court of First Instance's decision RC381S/RH 0242 pronounced on May 3, 2023. This also included announcing to DATHOMIR the dissolution of the joint venture, DATHCOM MINING SAS.

On the occasion, COMINIERE and DATHOMIR committed to continue their mining cooperation and safeguard their mutual interests in the future joint venture, which will cover the entirety of PR 13359. COMINIERE would hold 85% and DATHOMIR its 15% stake as it did in DATHCOM SA.

They also committed to refraining from any legal proceedings at the CCI and Congolese courts against COMINIERE SA regarding the 2017 DATHCOM contract termination. Being aware of the ongoing arbitration in Paris, DATHOMIR demanded that COMINIERE be held accountable at the CCI in Paris for the termination of the DATHCOM SA contract, as well as for conducting the AVZ feasibility study independently. This included excluding AVZ MINERALS from the new joint venture to be formed by both partners.

At the same time, COMINIERE initiated negotiations for future collaboration on lithium with the Chinese group ZIJIN (JIN CHENG). This was after alleged attempts by ZIJIN to make an illegal purchase of 15% of COMINIERE's shares in DATHCOM SA, according to the General Finance Inspection.

Sources close to the matter informed Kongopress that COMINIERE might propose two options to ZIJIN:

1. Creating a new joint venture.
2. Selling a portion of the 85% stake that COMINIERE should hold in the future joint venture, in order to involve the Chinese in the new phase of the Congolese lithium venture.

COMINIERE's urgency in negotiating with both DATHOMIR and ZIJIN is driven by a desire to sign new joint venture agreements for the Manono lithium project before the CCI in Paris makes a decision on conservatory measures related to DATHCOM SA. Such measures could potentially block COMINIERE's moves in the Manono lithium project.

The potential consequences of a decision on purely conservatory measures by the CCI include maintaining the project's status quo, which could result in the non-commencement of the Manono lithium exploitation. Additionally, there is a demand for a $10 billion USD payment by the claimants, AVZ MINERALS. The other potential measures include restraining COMINIERE SA from taking actions related to the modified JV contract's termination or its consequences, and enjoining COMINIERE SA to comply with Article L1.1 of the modified JV contract. In any case, these measures are often accompanied by financial penalties for non-compliance and the requirement for COMINIERE SA to bear the costs of the arbitration.
 
27/07/2023
Carlos Posted

Here's Article 18.3 that CKK is citing to terminate the JVA

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Here's Article 11 that 18.3 references

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Here are Articles 19 and 20.8 that talk about requirements of producing documents

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I haven't been able to find anything specifically about a 90 day window for producing financial records but Cominiere are most likely trying to use one of these rules as justification for the termination of the JVA

Article 19.1 includes a line about parties not being required to produce documents if it may 'affect the security and/or efficiency of the operations of Dathcom'. It's possible management are using this as their reasoning for why they didn't have to give Cominiere the financial records.

But considering everything about how we are financing this is on public record anyway through official announcements it seems a bit weird to me that management wouldn't have just complied with the request. Regardless of why AVZ didn't provide the documents Article 11 clearly states that only the ICC can settle disputes within the JVA. Not some back alley brown paper bag courts in the DRC.
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01/08/2023
Carlos Posted


CKK's 2m bribe was on top of the 33m as far as I'm aware. This is something that is glossed over by Klaus and his ghouls on Twitter that like to harp on about PaTrIOtIsM. CKK literally took food out of the mouths of his countrymen to line his own pockets because he is a selfish fucking scumbag.



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mouseflying

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Seems now this toothless tiger/Keyboard warrier from DRC want to talk....:ROFLMAO::ROFLMAO:

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Dave Evans

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30/10/2023
Carlos Posted


Cominiere's main reasoning for the purported termination of the JVA is the non performance of AVZ in handing over financial records within 90 days upon request and most likely some of the other claims in this letter from December 2022 that the MoM cited in the cancellation decrees as far as I'm aware

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The only reference to 'Force Majeure' that I have seen in official documents is in the now confirmed by AVZ to be real new ministerial decree purportedly renewing the PR for Cominiere but it is listed on the citation for CAMI not the Kalemie high court decision

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We really need a copy of the high court decision to know why the purported termination of the Dathcom JVA was allowed within the DRC. Not that it matters to our good legal title since a termination claim raised by Cominiere for non performance by AVZ must go through arbitration at the ICC under Article 18.3 then Article 11.1 of the Dathcom JVA.

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Dave Evans

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07/12/2023


 
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