Corruption
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MoneyBags1348
Top 20
11/07/2023
Manono lithium: where are we with the two mining licenses - PE12453 and PE13427 of KATAMBA MINING of which ZIJIN holds 70%?
NEWSECONOMY
Kiki Kienge
Why since the creation of KATAMBA MINING, the Chinese ZIJIN group with its potential so praised even by the interim director of the COMINIERE,Célestin Kibeya is already starting the exploitation of lithium from these two sites?
These two mining licenses, PE12453 and PE13427 referring to two mining areas on the outskirts of the Manono lithium mine in the DRC, owned by DATHCOM, licenses that belonged to Jason Brewer's force Commodities DRC (COMFORCE).
For the exploitation of lithium from its operating areas, in 2020 the Congolese State through its portfolio ministry created a joint venture with the Chinese group ZIJIN and COMINIERE, KATAMBA MINING, respectively with 70% (ZIJIN) and 30% (COMINIERE) of the shares in the joint venture of Congolese lithium exploitation.
"To improve its competitiveness in minerals essential for the transition to renewable energies, Zijin Mining, through its DRC team, strengthened its cooperation with COMINIERE last August. In addition to buying shares in certain mining projects belonging to COMINIERE, Zijin has signed a cooperation agreement with the company to jointly develop two mining licenses - PE12453 and PE13427 on the periphery of the Manono lithium mine in the DRC. Zijin holds a 70% stake in Katamba Mining and has obtained the exploration and development rights to two new projects on the per The ZIJIN group declared in May 2022.
In reality, the two permits PE12453 and PE13427, which cover about 435 square kilometers, are on important metallogenic belts and have good mineralization conditions and prospects for discovery, are an extension of the Manono mine of PE13359 with a potential of lithium-niobium-tantal pegmatite deposits, of which AVZ MINERALS has fully carried out the feasibility study
Until today, the population of Manono speaks of a non-take-off of work on both sites, because ZIJIN and the COMINIERE seem to be only interested in DATHCOM's 13359 permit, whose majority shareholder is AVZ MINERALS.
Manono lithium: where are we with the two mining licenses - PE12453 and PE13427 of KATAMBA MINING of which ZIJIN holds 70%?
NEWSECONOMY
Manono lithium: where are we with the two mining licenses - PE12453 and PE13427 of KATAMBA MINING of which ZIJIN holds 70%?
July 10, 2023Kiki Kienge
Why since the creation of KATAMBA MINING, the Chinese ZIJIN group with its potential so praised even by the interim director of the COMINIERE,Célestin Kibeya is already starting the exploitation of lithium from these two sites?
These two mining licenses, PE12453 and PE13427 referring to two mining areas on the outskirts of the Manono lithium mine in the DRC, owned by DATHCOM, licenses that belonged to Jason Brewer's force Commodities DRC (COMFORCE).
For the exploitation of lithium from its operating areas, in 2020 the Congolese State through its portfolio ministry created a joint venture with the Chinese group ZIJIN and COMINIERE, KATAMBA MINING, respectively with 70% (ZIJIN) and 30% (COMINIERE) of the shares in the joint venture of Congolese lithium exploitation.
"To improve its competitiveness in minerals essential for the transition to renewable energies, Zijin Mining, through its DRC team, strengthened its cooperation with COMINIERE last August. In addition to buying shares in certain mining projects belonging to COMINIERE, Zijin has signed a cooperation agreement with the company to jointly develop two mining licenses - PE12453 and PE13427 on the periphery of the Manono lithium mine in the DRC. Zijin holds a 70% stake in Katamba Mining and has obtained the exploration and development rights to two new projects on the per The ZIJIN group declared in May 2022.
In reality, the two permits PE12453 and PE13427, which cover about 435 square kilometers, are on important metallogenic belts and have good mineralization conditions and prospects for discovery, are an extension of the Manono mine of PE13359 with a potential of lithium-niobium-tantal pegmatite deposits, of which AVZ MINERALS has fully carried out the feasibility study
Until today, the population of Manono speaks of a non-take-off of work on both sites, because ZIJIN and the COMINIERE seem to be only interested in DATHCOM's 13359 permit, whose majority shareholder is AVZ MINERALS.
MoneyBags1348
Top 20
11/07/2023
Sam Posted
IGF boss Jules Alingete finally stripped Zijin of all defenses in arbitration
China's Jin Cheng (Zijin), which is still eyeing lithium from Manono (Tanganyika province) as part of the Dathcom Mining joint venture, is in serious trouble. In arbitration, on its own initiative, in Paris against the Australian AVZ Minerals, Zijin has, against all expectations, postponed the hearing of its case scheduled for July, sending it back to next September. In reality, Zijin is losing momentum, not knowing how to get rid of the heavy charges attributed to him in the last report of the IGF (General Inspectorate of Finances). Back on this epilogue with Mining News Magazine.
In a press release, a copy of which was sent to Mining News Magazine, AVZ Minerals Limited referred to developments in the ICC action brought against its subsidiary AVZ International Pty Ltd by Jin Cheng Mining Company (Jin Cheng), a subsidiary of Zijin Mining Group Company Limited (Zijin), concerning a 15% stake that Jin Cheng would have acquired from La Congolaise d’Exploitation Minière (Cominière) in Dathcom Mining SA (Dathcom).
As noted in the company's April 17, 2023 announcement, the matter of the jurisdictional challenge of the arbitral tribunal hearing was scheduled to be heard in July 2023 after being postponed from its original date in April 2023.
Unfortunately, Jin Cheng (Zijin) argued that they need to postpone the hearing dates again, mainly because they require more time to respond to the allegations raised in the IGF report dated 30 November 2022 ("Conclusions de l'Inspection générale des finances de la RDC contre Cominière et Dathomir" dated December 6, 2022) which was referred to in the company's submission to the CPII, dated May 5, 2023.
The arbitrator sole determined that a short extension was appropriate, strictly limited to addressing issues raised in the IGF report, and that the parties should discuss and agree to a “narrow” procedural timeline bearing in mind that a hearing should be held in September and at the latest at the beginning of October.
Australian company AVZ Minerals is surprised and disappointed by plaintiff Jin Cheng's (Zijin) continued delaying tactics, but remains confident that her court challenge will be successful, confirming that Jin Cheng has no right to bring the ICC arbitration proceedings against AVZ because it is not a shareholder of Dathcom.
It was through an announcement authorized for publication by the board of directors of AVZ Minerals Limited that the Australian company informed the public on June 21, 2023.
Moreover, considering that AVZ Minerals has breached the joint venture agreements (Dathcom JVA), COMINIERE and ZIJIN have seized the International Chamber of Commerce in Paris (ICC) to claim damages, provisionally estimated at 850 million USD for Jin Cheng (ZIJIN) and 566 million USD for Cominière, for a total of 1,416,000,000 USD, on a value of the Manono lithium project which they estimated at 5.66 billion USD.
The two groups are asking the International Chamber of Commerce in Paris (ICC) for an order declaring the termination of the Dathcom joint venture.
How and by what magic can Cominière include the Chinese group ZIJIN in the Dathcom joint venture, if the sale of 15% of Cominière has not yet been validated, since the case is still in court? And if Zijin is in Dathcom to claim damages jointly with Cominière, why then are the two looking to saw off the board they're sitting on or kill their common golden-egg hen?
The Chinese group ZIJIN, which had paid a sum of 33 million USD for the 15% in the illegal purchase, is now asking for 850 million USD for the same shares, so the Chinese group should make profits of more or less 817 million USD with this transaction?
Kiki Kitenge and Kongopress wonders: Isn't this a kind of plunder to the Congolese people.
“It appears at first sight that the amount of the damages claims is based on the fact that Jin Cheng holds a 15% stake and COMI-NIERE a 10% equity stake in DATHCOM, which suggests that the claimants value the entire ownership of DATHCOM Manono project, at 5.66 billion USD,” reads a press release from the AVZ Minerals group.
econewsrdc.com
Sam Posted
Lithium de Manono: stuck by the IGF report, Zijin requests a new postponement in arbitration in Paris
July 10, 2023 TIGHANA MASIALA 0
IGF boss Jules Alingete finally stripped Zijin of all defenses in arbitration
China's Jin Cheng (Zijin), which is still eyeing lithium from Manono (Tanganyika province) as part of the Dathcom Mining joint venture, is in serious trouble. In arbitration, on its own initiative, in Paris against the Australian AVZ Minerals, Zijin has, against all expectations, postponed the hearing of its case scheduled for July, sending it back to next September. In reality, Zijin is losing momentum, not knowing how to get rid of the heavy charges attributed to him in the last report of the IGF (General Inspectorate of Finances). Back on this epilogue with Mining News Magazine.
In a press release, a copy of which was sent to Mining News Magazine, AVZ Minerals Limited referred to developments in the ICC action brought against its subsidiary AVZ International Pty Ltd by Jin Cheng Mining Company (Jin Cheng), a subsidiary of Zijin Mining Group Company Limited (Zijin), concerning a 15% stake that Jin Cheng would have acquired from La Congolaise d’Exploitation Minière (Cominière) in Dathcom Mining SA (Dathcom).
As noted in the company's April 17, 2023 announcement, the matter of the jurisdictional challenge of the arbitral tribunal hearing was scheduled to be heard in July 2023 after being postponed from its original date in April 2023.
Unfortunately, Jin Cheng (Zijin) argued that they need to postpone the hearing dates again, mainly because they require more time to respond to the allegations raised in the IGF report dated 30 November 2022 ("Conclusions de l'Inspection générale des finances de la RDC contre Cominière et Dathomir" dated December 6, 2022) which was referred to in the company's submission to the CPII, dated May 5, 2023.
The arbitrator sole determined that a short extension was appropriate, strictly limited to addressing issues raised in the IGF report, and that the parties should discuss and agree to a “narrow” procedural timeline bearing in mind that a hearing should be held in September and at the latest at the beginning of October.
Australian company AVZ Minerals is surprised and disappointed by plaintiff Jin Cheng's (Zijin) continued delaying tactics, but remains confident that her court challenge will be successful, confirming that Jin Cheng has no right to bring the ICC arbitration proceedings against AVZ because it is not a shareholder of Dathcom.
It was through an announcement authorized for publication by the board of directors of AVZ Minerals Limited that the Australian company informed the public on June 21, 2023.
Moreover, considering that AVZ Minerals has breached the joint venture agreements (Dathcom JVA), COMINIERE and ZIJIN have seized the International Chamber of Commerce in Paris (ICC) to claim damages, provisionally estimated at 850 million USD for Jin Cheng (ZIJIN) and 566 million USD for Cominière, for a total of 1,416,000,000 USD, on a value of the Manono lithium project which they estimated at 5.66 billion USD.
The two groups are asking the International Chamber of Commerce in Paris (ICC) for an order declaring the termination of the Dathcom joint venture.
How and by what magic can Cominière include the Chinese group ZIJIN in the Dathcom joint venture, if the sale of 15% of Cominière has not yet been validated, since the case is still in court? And if Zijin is in Dathcom to claim damages jointly with Cominière, why then are the two looking to saw off the board they're sitting on or kill their common golden-egg hen?
The Chinese group ZIJIN, which had paid a sum of 33 million USD for the 15% in the illegal purchase, is now asking for 850 million USD for the same shares, so the Chinese group should make profits of more or less 817 million USD with this transaction?
Kiki Kitenge and Kongopress wonders: Isn't this a kind of plunder to the Congolese people.
“It appears at first sight that the amount of the damages claims is based on the fact that Jin Cheng holds a 15% stake and COMI-NIERE a 10% equity stake in DATHCOM, which suggests that the claimants value the entire ownership of DATHCOM Manono project, at 5.66 billion USD,” reads a press release from the AVZ Minerals group.
Lithium de Manono : coincé par le rapport de l’IGF, Zijin sollicite un nouveau report en arbitrage à Paris - L'info qui fait échos
Le Chinois Jin Cheng (Zijin), qui lorgne toujours le lithium de Manono (province du Tanganyika) dans le cadre de la joint-venture Dathcom Mining, est sérieusement <a class="mh-excerpt-more"...
econewsrdc.com
MoneyBags1348
Top 20
11/07/2023
Cruiser Posted
The three interesting questions Kiki asks at the end of this article....
NEWSECONOMY
Kiki Kienge
Manon's lithium file is like a Chinese box, once you open the first one, it hides a second one and this one a third one, all of which keep secrets on contract files, share transfers, selling prices and others.
The DR Congo so far has not yet started the exploitation of one of the largest lithium deposits in the world, which should start normally this year, following the suspension of the DATHCOM exploitation permit by the Minister of Mines, Antoinette Nsamba Kalambayi .
At the moment the DATHCOM file, joint venture of COMINIERE with AVZ Minerals and DATHOMIR and that of the Sino-Congolese contract, seem to have taken over all the mining files in the media and even for the Congolese authorities.
But COMINIERE having signed several joint venture contracts with other partners on mining squares containing lithium, today we wanted to analyze the one with the company, Force Commodities RDC.
Force Commodities RDC, which had its headquarters at the time of signing the contract with COMINIERE in the Crow Tower building at the intersection of Boulevard du 30 juin and Batetela in the commune of Gombe, is a company owned by the Australian, Jason Brewer which would notably own other companies for the valuation and development of mining projects in Africa.
On November 11, 2017 COMINIERE, a Congolese State company, signs a joint venture contract with Force Commodities RDC, the same contract will be certified at the commercial court on October 16, 2020 as you will see in the photo. From this agreement came COMFORCE, a joint venture between the two companies with a capital of US$100,000 for 1,000 shares, distributed as follows.
Force Commodities had the mission to study and identify a good technology to process Lithium, Niobium, Tantalum, Wolframite and Tin in its two perimeters. In November 2018 Force Commodities had even applied for the transformation of an exploration permit for its Kitotolo-Katamba lithium project in Tanganyika into a mining permit for 30 years at the Ministry of Mines.
But here in August 2021, the Chinese mining giant, ZIJIN signed a cooperation agreement with COMINIERE for two perimeters; the first is that of Force Commodities, the PR12453 and the second the "PE13427" according to the site of the ZIJIN group, thus creating Katamba Mining joint venture between ZIJIN and COMINIERE.
Strangely enough, on the list of COMINIERE partnerships, there is no permit that corresponds to the number 13427, but a mining square with the number 13247 exists on the list, which oddly is the one that belongs in particular to Force Commoditie in the contract signed with COMINIERE!
QUESTIONING
Cruiser Posted
The three interesting questions Kiki asks at the end of this article....
NEWSECONOMY
Lithium Manono: US$200,000 for 2 mining squares in 2017 to COMFORCE/Jason Brewer, 2021 they go to ZIJIN/Katamba Mining!
May 2, 2023Kiki Kienge
Manon's lithium file is like a Chinese box, once you open the first one, it hides a second one and this one a third one, all of which keep secrets on contract files, share transfers, selling prices and others.
The DR Congo so far has not yet started the exploitation of one of the largest lithium deposits in the world, which should start normally this year, following the suspension of the DATHCOM exploitation permit by the Minister of Mines, Antoinette Nsamba Kalambayi .
At the moment the DATHCOM file, joint venture of COMINIERE with AVZ Minerals and DATHOMIR and that of the Sino-Congolese contract, seem to have taken over all the mining files in the media and even for the Congolese authorities.
But COMINIERE having signed several joint venture contracts with other partners on mining squares containing lithium, today we wanted to analyze the one with the company, Force Commodities RDC.
Force Commodities RDC, which had its headquarters at the time of signing the contract with COMINIERE in the Crow Tower building at the intersection of Boulevard du 30 juin and Batetela in the commune of Gombe, is a company owned by the Australian, Jason Brewer which would notably own other companies for the valuation and development of mining projects in Africa.
On November 11, 2017 COMINIERE, a Congolese State company, signs a joint venture contract with Force Commodities RDC, the same contract will be certified at the commercial court on October 16, 2020 as you will see in the photo. From this agreement came COMFORCE, a joint venture between the two companies with a capital of US$100,000 for 1,000 shares, distributed as follows.
- COMINIERE: 30%
- Strength Commodities: 70%
- US$50,000 at the date of signing.
- US$150,000 in three installments of US$50,000 every three months from the date of signing the contract.
Force Commodities had the mission to study and identify a good technology to process Lithium, Niobium, Tantalum, Wolframite and Tin in its two perimeters. In November 2018 Force Commodities had even applied for the transformation of an exploration permit for its Kitotolo-Katamba lithium project in Tanganyika into a mining permit for 30 years at the Ministry of Mines.
But here in August 2021, the Chinese mining giant, ZIJIN signed a cooperation agreement with COMINIERE for two perimeters; the first is that of Force Commodities, the PR12453 and the second the "PE13427" according to the site of the ZIJIN group, thus creating Katamba Mining joint venture between ZIJIN and COMINIERE.
Strangely enough, on the list of COMINIERE partnerships, there is no permit that corresponds to the number 13427, but a mining square with the number 13247 exists on the list, which oddly is the one that belongs in particular to Force Commoditie in the contract signed with COMINIERE!
- Is it the same permit?
- How much were they valued at the time of sale by COMINIERE?
- Who was the seller, COMINIERE or Force Commodities?
- How much are the two mining squares worth today?
- In 2017, the Australians of AVZ Minerals for a purchase of 60% of the shares of DATHCOM from DATHOMIR, they had to pay 6,000,000 $US to COMINIERE and 750,000 $US to DATHOMIR, to then spend 75 million $US for the feasibility study and initial work in Manono.
- In 2017, Force Commodities paid US$200,000 to own 70% of the two licenses in Manono, to achieve nothing so far.
QUESTIONING
- Why this feeling of disinterestedness of the Congolese authorities on its two perimeters which contain lithium and Katamba Mining of which the DR Congo owns 30%?
- If ZIJIN is a shareholder of Katamba Mining with 70%, why not invest in the two mining squares for the exploitation of lithium, rather than go after the 15% of DATHCOM?
- How did ZIJIN come into possession of the 70% of Katamba Mining and how much did he pay?
MoneyBags1348
Top 20
11/07/2023
Xerof Posted
Re the prior post
Kiki does a great job, but he's years behind the eight ball on that Zijin news release. We have discussed that article every groundhog day since it was published, and determined:
Firstly, we observed that Zijin were reluctant to specify EXACTLY which tenements they "purchased shares from COMINIERE" in. Of course it was 13359, and they knew it was illegal. They only started mentioning it when they were outed
Secondly, they made a typo when mentioning the Cooperation Agreement signed with COMINIERE and wrote 13427 instead of 13247. This was never corrected. I think that was a genuine error
Some of you here held shares in Force I think. Do any of you know how they lost those tenements? I seem to recall they just walked away, saying there was nothing of interest found, but would be happy for Kiki to uncover more dodgy manoeuvres between those two
Cohen seems to also be confused saying the request for an extension by ICC will be refused, as in fact it has already been agreed to - now September/October, as announced by AVZ a couple of weeks ago. But I agree with his sentiment - they are running scared, delaying and will lose badly
Xerof Posted
Re the prior post
Kiki does a great job, but he's years behind the eight ball on that Zijin news release. We have discussed that article every groundhog day since it was published, and determined:
Firstly, we observed that Zijin were reluctant to specify EXACTLY which tenements they "purchased shares from COMINIERE" in. Of course it was 13359, and they knew it was illegal. They only started mentioning it when they were outed
Secondly, they made a typo when mentioning the Cooperation Agreement signed with COMINIERE and wrote 13427 instead of 13247. This was never corrected. I think that was a genuine error
Some of you here held shares in Force I think. Do any of you know how they lost those tenements? I seem to recall they just walked away, saying there was nothing of interest found, but would be happy for Kiki to uncover more dodgy manoeuvres between those two
Cohen seems to also be confused saying the request for an extension by ICC will be refused, as in fact it has already been agreed to - now September/October, as announced by AVZ a couple of weeks ago. But I agree with his sentiment - they are running scared, delaying and will lose badly
MoneyBags1348
Top 20
31/07/2023
Lithium: the COMINIERE and the Congolese State paid US$1.6 million for the lobbying of Lisette Tshibwabwa Kabanga
"Lisette Kabanga Tshibwabwa justified in particular the legality of lobbying in Congo"
NEWSECONOMY
Kiki Kienge
Lithium the ore of the century, that of eclectic batteries that the whole world is struggling to regain possession of, lithium is a strategic metal for the energy transition, even saying it for the future of our planet, it is also a metal considered critical following the great risk of its supply by its scarcity.
But now, in DR Congo following the politicization of the file, the Manono lithium project in Tanganyika, which should make DR Congo one of the giants in the world and the main player in the energy transition, in particular to return the letters of nobility to the country of Lumumba in the global mining sector, is almost at a stop.
The Minister of Mines of Congo, Antoinette N'Samba Kalambayi by an order signed on January 28, 2023, had suspended the Operating Permit (PE13359) of the joint venture DATCOM granted in April 2022 after the feasibility study of the Australians of AVZ MINERALS 75% partner in DATHCOM, following the accusations of the COMINIERE state company and hastily in DA
COMINIERE had accused AVZ MINERALS of having taken the project and the joint venture, DATHCOM hostage in that it conducted the research and management of the joint venture without associating it from beginning to end, in particular of not having actually carried out research.
"The revelations come from a very serious Australian newspaper, which says that it would have US$six million, which should be paid to a Congolese intermediary, I don't know if it's Mr. Marius Mihigo," said the acting director general of the COMINIERE, Célestin Kibeya accusing the lobbying and mediation of Mr. Marius Mihigo
In fact, AVZ MINERALS had used Marius Mihigo for intermediation (lobbying) in DR Congo, to promote the image of society and facilitate contacts with administrations and decision-making authorities of Manono's lithium file, a legal and legalized work, particularly recognized in DR Congo and around the world.
Namely that Mr. Mihigo and his company are not paid by the Congolese State, nor with the Congolese taxpayer's money, but by private funds of the company, AVZ MINERALS, therefore free for Australians to choose who and how should work for him and will only have to report to its shareholders.
But here, the same state society accusing the intermediation of Marius Mihigo, the COMINIERE had used Mrs. Lisette Kabanga Tshibwabwa, then head of the office of the security advisor to President Félix Tshisekedi, Mr Jean-Claude Bukasa, in particular member and Deputy National Secretary UDPS in relation to the socialist international and the progressive alliances
For "presenting" the ChinoisZIJIN group to the COMINIERE and the Congolese State through the Ministries of Mines and the Portfolio, (presented in doubt, since the latter were already in contact with ZIJIN's Chinese in other projects).
Mrs. Lisette Kabanga Tshibwabwa and her company Focus plaidoirie created in 2020, received a retrocommission of US$1,600,000 simply for their lobbying in the sale, or the sale according to the IGF (Inspection Générale des Finances) of the 15% of COMINIERE's shares in DATHCOM, at a derisory sum of US$33
Mrs. Lisette Kabanga Tshibwabwa contacted on this 15% sales file, had recognized her work of intermediation between the Chinese of ZIJIN and the COMINIERE, her fee of US$1,600,000, in particular to justify the legality of lobbying or prohibition in Rd Congo.
Because then, why does the same COMINIERE through its director, Céléstin Kibeya and some advisers to the Head of State, Félix Tshisekedi criticize and consider the same intermediation work of Mr. Marius Mihigo for a private group, which is AVZ MINERALS?
kongopress.com
Lithium: the COMINIERE and the Congolese State paid US$1.6 million for the lobbying of Lisette Tshibwabwa Kabanga
"Lisette Kabanga Tshibwabwa justified in particular the legality of lobbying in Congo"
NEWSECONOMY
Lithium: the COMINIERE and the Congolese State paid US$1.6 million for the lobbying of Lisette Tshibwabwa Kabanga
July 31, 2023Kiki Kienge
Lithium the ore of the century, that of eclectic batteries that the whole world is struggling to regain possession of, lithium is a strategic metal for the energy transition, even saying it for the future of our planet, it is also a metal considered critical following the great risk of its supply by its scarcity.
But now, in DR Congo following the politicization of the file, the Manono lithium project in Tanganyika, which should make DR Congo one of the giants in the world and the main player in the energy transition, in particular to return the letters of nobility to the country of Lumumba in the global mining sector, is almost at a stop.
The Minister of Mines of Congo, Antoinette N'Samba Kalambayi by an order signed on January 28, 2023, had suspended the Operating Permit (PE13359) of the joint venture DATCOM granted in April 2022 after the feasibility study of the Australians of AVZ MINERALS 75% partner in DATHCOM, following the accusations of the COMINIERE state company and hastily in DA
COMINIERE had accused AVZ MINERALS of having taken the project and the joint venture, DATHCOM hostage in that it conducted the research and management of the joint venture without associating it from beginning to end, in particular of not having actually carried out research.
"The revelations come from a very serious Australian newspaper, which says that it would have US$six million, which should be paid to a Congolese intermediary, I don't know if it's Mr. Marius Mihigo," said the acting director general of the COMINIERE, Célestin Kibeya accusing the lobbying and mediation of Mr. Marius Mihigo
In fact, AVZ MINERALS had used Marius Mihigo for intermediation (lobbying) in DR Congo, to promote the image of society and facilitate contacts with administrations and decision-making authorities of Manono's lithium file, a legal and legalized work, particularly recognized in DR Congo and around the world.
Namely that Mr. Mihigo and his company are not paid by the Congolese State, nor with the Congolese taxpayer's money, but by private funds of the company, AVZ MINERALS, therefore free for Australians to choose who and how should work for him and will only have to report to its shareholders.
But here, the same state society accusing the intermediation of Marius Mihigo, the COMINIERE had used Mrs. Lisette Kabanga Tshibwabwa, then head of the office of the security advisor to President Félix Tshisekedi, Mr Jean-Claude Bukasa, in particular member and Deputy National Secretary UDPS in relation to the socialist international and the progressive alliances
For "presenting" the ChinoisZIJIN group to the COMINIERE and the Congolese State through the Ministries of Mines and the Portfolio, (presented in doubt, since the latter were already in contact with ZIJIN's Chinese in other projects).
Mrs. Lisette Kabanga Tshibwabwa and her company Focus plaidoirie created in 2020, received a retrocommission of US$1,600,000 simply for their lobbying in the sale, or the sale according to the IGF (Inspection Générale des Finances) of the 15% of COMINIERE's shares in DATHCOM, at a derisory sum of US$33
Mrs. Lisette Kabanga Tshibwabwa contacted on this 15% sales file, had recognized her work of intermediation between the Chinese of ZIJIN and the COMINIERE, her fee of US$1,600,000, in particular to justify the legality of lobbying or prohibition in Rd Congo.
Because then, why does the same COMINIERE through its director, Céléstin Kibeya and some advisers to the Head of State, Félix Tshisekedi criticize and consider the same intermediation work of Mr. Marius Mihigo for a private group, which is AVZ MINERALS?
Lithium : la COMINIERE et l’État Congolais ont payé 1.6 millions $US pour le lobbying de Lisette Tshibwabwa Kabanga - Kongo Presse
Madame Lisette Kabanga Tshibwabwa et sa société Focus plaidoirie créé en 2020, ont reçu une rétrocommission de 1.600.000 $US simplement pour leur lobbying dans la vente, ou le bradage selon l'IGF (Inspection Générale des Finances) des 15% des parts de la COMINIERE dans DATHCOM, à une somme...
kongopress.com
MoneyBags1348
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01/08/2023
From Twitter
From Twitter
MoneyBags1348
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01/08/2023
MoneyBags1348
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14/08/2023
Carlos Posted
Carlos Posted
MoneyBags1348
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17/08/2023
Carlos Posted
The answer to Giddyup's question about enforing Dathomir's intention to be bound to the contract they signed is the same as Zijin's reasoning for their ICC case about being recognised in Dathcom imo
I'm not 100% sure about how exactly AVZ will enforce their pre-emptive rights to the 15%. Most of the announcements about this matter referred to ongoing discussions with DRC government officials. My guess would be this is a violation of the Dathcom JVA and we will need to initiate ICC proceedings under Article 11 but clearly that hasn't happened yet.
Carlos Posted
The answer to Giddyup's question about enforing Dathomir's intention to be bound to the contract they signed is the same as Zijin's reasoning for their ICC case about being recognised in Dathcom imo
I'm not 100% sure about how exactly AVZ will enforce their pre-emptive rights to the 15%. Most of the announcements about this matter referred to ongoing discussions with DRC government officials. My guess would be this is a violation of the Dathcom JVA and we will need to initiate ICC proceedings under Article 11 but clearly that hasn't happened yet.
MoneyBags1348
Top 20
17/08/2023
Sam Posted
Thought maybe @MoneyBags1348 might want to archive this if it hasn't been already
Sam Posted
Thought maybe @MoneyBags1348 might want to archive this if it hasn't been already
MoneyBags1348
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03/010/2023
MINES.CD - Leading Congolese media in the mining sector > Blog > CONTINUOUS > DRC: the government called to strengthen its surveillance on mining corruption, fraud and smuggling practices
CONTINUOUS
MinesPublished October 2, 2023
During the third edition of Alternative Mining Indaba Ami Junior 2023, held from September 26 to 28 in Kinshasa, the program director of the Carter Centre and specialist in the governance of extractive industries in the Democratic Republic of Congo, Fabien Mayani, presented by videoconference some strategies to fight corruption and maximize mining sector revenues, in the context of energy transition.
Levers for maximizing revenues and economic opportunities related to the energy transitionMonge Junior Diama
In his presentation, Fabien Mayani insisted on transparency and accountability throughout the critical mineral management chain. This value chain of the extractive industries should include contracts and licenses, operations and productions, the collection of taxes, the allocation of income, as well as economic and social expenses.
In addition to transparency and accountability, the Carter Centre Program Director also called on the Congolese authorities to clarify and stability the rules and procedures for mining and revenue collection; to strengthen control and surveillance measures for mining corruption, fraud and smuggling practices; but also to combat impunity for corruption cases in the management of critical minerals.
This approach follows Article 7 bis of Strategic Mineral Substances [editor's note inserted by Article 17 of Law No. 18/001 of 09 March 2018 amending and supplementing Law No. 007/2002 of 11 July 2002 on the Mining Code] which states: "if the national or international economic situation allows it, the Prime Minister may, by deliberate decree in the Council of Ministers, on the advice of the sectoral ministers, declare certain mineral substances as strategic substances. Access, research, exploitation and marketing of strategic substances are governed by specific regulatory provisions."
According to him, the development of a clear strategic mineral management policy that prioritizes the needs and interests of the populations of the DRC in harmony with the needs of the whole world should be rigorous.
Following his intervention, this specialist in the governance of extractive industries in the DRC, insisted on the strengthening of tax barriers in the exploitation and marketing of strategic minerals.
As a reminder, throughout this panel, Fabien Mayani's intervention focused on the fight against corruption in the mining sector, in particular on the impact of the work of bodies and institutions to fight corruption and promote good governance in increasing the tax revenues of the mining sector.
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MINES.CD - Leading Congolese media in the mining sector > Blog > CONTINUOUS > DRC: the government called to strengthen its surveillance on mining corruption, fraud and smuggling practices
CONTINUOUS
DRC: the government called to strengthen its surveillance on mining corruption, fraud and smuggling practices
Last updated: 2023/10/02 at 12:45MinesPublished October 2, 2023
During the third edition of Alternative Mining Indaba Ami Junior 2023, held from September 26 to 28 in Kinshasa, the program director of the Carter Centre and specialist in the governance of extractive industries in the Democratic Republic of Congo, Fabien Mayani, presented by videoconference some strategies to fight corruption and maximize mining sector revenues, in the context of energy transition.
Levers for maximizing revenues and economic opportunities related to the energy transitionMonge Junior Diama
In his presentation, Fabien Mayani insisted on transparency and accountability throughout the critical mineral management chain. This value chain of the extractive industries should include contracts and licenses, operations and productions, the collection of taxes, the allocation of income, as well as economic and social expenses.
In addition to transparency and accountability, the Carter Centre Program Director also called on the Congolese authorities to clarify and stability the rules and procedures for mining and revenue collection; to strengthen control and surveillance measures for mining corruption, fraud and smuggling practices; but also to combat impunity for corruption cases in the management of critical minerals.
Levers for maximizing revenues and economic opportunities related to the energy transition
To increase revenues related to the exploitation of critical minerals in the Democratic Republic of Congo, Fabien Mayani proposed to the government to define strategic minerals according to the country's priorities and the overall context of energy transition.This approach follows Article 7 bis of Strategic Mineral Substances [editor's note inserted by Article 17 of Law No. 18/001 of 09 March 2018 amending and supplementing Law No. 007/2002 of 11 July 2002 on the Mining Code] which states: "if the national or international economic situation allows it, the Prime Minister may, by deliberate decree in the Council of Ministers, on the advice of the sectoral ministers, declare certain mineral substances as strategic substances. Access, research, exploitation and marketing of strategic substances are governed by specific regulatory provisions."
According to him, the development of a clear strategic mineral management policy that prioritizes the needs and interests of the populations of the DRC in harmony with the needs of the whole world should be rigorous.
Following his intervention, this specialist in the governance of extractive industries in the DRC, insisted on the strengthening of tax barriers in the exploitation and marketing of strategic minerals.
As a reminder, throughout this panel, Fabien Mayani's intervention focused on the fight against corruption in the mining sector, in particular on the impact of the work of bodies and institutions to fight corruption and promote good governance in increasing the tax revenues of the mining sector.
Monge Junior Diama
RDC : le gouvernement appelé à renforcer sa surveillance sur les pratiques de corruption, de fraude et de contrebande minières - MINES.CD - Premier média congolais du secteur minier
Au cours de la troisième édition d’Alternative Mining Indaba Ami Junior 2023, tenue du 26 au 28 septembre dernier à Kinshasa, le directeur de programme du Centre Carter et spécialiste de gouvernance des industries extractives en République démocratique du Congo, Fabien Mayani, a présenté par...
mines.cd
Dave Evans
Regular
06/11/2023
Sam Posted
In Manono, in the province of Tanganyika, the lithium project took on another dimension with the creation, against all expectations, of the company “Manono Lithium”, born from a partnership between Cominière, a company in the Portfolio of State, and the Chinese Zijin Mining. The creation of this company was done in emergency mode. This is evidenced by the filing of a request for an emergency decree to formalize its creation.
Particularly aggrieved, the Australian AVZ, Cominière's partner in Dathcom Mining, is not waiting to give in. The AVZ group is turning to international justice to defend its rights in Dathcom. Like the Canadian First Quantum Minerals under Kabila, AVZ fears reliving the same episode of expropriation in the Manono project.
Lithium mining is, once again, at the center of a lively controversy following the creation between Cominière and the Chinese Zijin Mining of a company, called “Manono Lithium ” .
With this creation, Cominière has trampled underfoot the partnership that has always linked it to the Australian group AVZ within the framework of the Dathcom joint venture, relating to the same Manono project.
Following the creation of “Manono Lithium”, the reaction of the Australian AVZ was quick.
AVZ's response to the announcement of the creation of “ Manono Lithium ”
In a detailed press release dated October 30, 2023 for everyone, AVZ Minerals provided the update to the shareholders of the “Maono Lithium” Company, Cominière, Zijin and public opinion before an international court to secure its rights in the Dathcom Mining joint venture.
Indeed, as Kiki Kienge of the online media CongoPress well writes, this legal action by the AVZ group follows the announcement of the Chinese group, Zijin Mining, which claims through its subsidiary in the Democratic Republic of Congo, Jinxiang Lithium, having concluded an agreement on the Manono lithium deposit in the province of Tanganyika, in DR Congo, a deposit valued internationally by the feasibility study carried out by the Australians of AVZ Minerals using its own financial and technical means.
Since the Chinese of the creation of a joint venture with the Congolese State, in this case Manono Lithium, through COMINIERE and the ownership right of PR15775, there has been no reaction from the Congolese authorities to deny or certify Zijin's statements.
However, within 60 days of signing, the authorities and institutions of DR Congo should publish this agreement as required by the country's mining legislation. To date, there is silence from Kinshasa on the exit of the Chinese group Zijin.
For information, PR15775, granted to the joint venture Manono Lithium (joint venture between Cominière and ZIJIN), is part of PR13359 which belongs to the joint venture Dathcom Mining SA, joint venture between Cominière, Dathomir of Simon Cong Maohuai and Australians from AVZ Minerals .
According to indiscretions, the Chinese of Zijin claim to have 61% of the shares of PR15575, against a consideration of 33,4000,000 USD from the “illegal” sale of 15% of Dathcom Mining and should pay 70 million USD in humanitarian aid , payable, we learn. on, according to a modality and period which remain ambiguous.
AVZ breaks the silence
Contrary to its strategy, the Australian group AVZ has just reacted to the alleged agreement between the Congolese State, via Cominière and the Chinese of ZIJIN, of October 23, 2023 on the creation of Manono Lithium SAS based on PR15775:
Indeed, AVZ refers to the announcement made by Zijin Mining Group Co Limited (Zijin), on October 23, 2023, according to which its subsidiary Jinxiang Lithium Limited (Jinxiang) has entered into a joint venture with La Congolaise d'Exploitation Minière ( Cominière ) under which Jinxiang holds 61% of the shares of Manono Lithium SAS, which would hold PR 15775 on a northern part of the Manono project.
The Company, through its subsidiaries, has decided to file an application for emergency arbitration under the ICC Rules in order to obtain an injunction against Cominière for the purpose of prohibiting the Company of State to conduct, directly or indirectly, any transaction concerning PR13359 and PR15775 and, generally, to carry out certain actions with a view to maintaining and preserving the rights of Dathcom Mining SA (Dathcom) while the arbitration on the background is in progress.
The request also aims to obtain an increase in the amount of the daily penalty ordered by the order of the emergency arbitrator of May 5, 2023 (see the Company's announcement of May 8, 2023 “Favorable decision in the procedure of "ICC Emergency Arbitration against Cominière ") which provides: "Cominière's recent actions to terminate the Dathcom Mining Joint Venture Agreement dated January 17, 2017 as amended from time to time (JV Dathcom), to act as holder of PR13359 and to attempt to monetize said mineral rights from third parties all constitute violations of the terms of the Emergency Arbitrator's order dated May 5, 2023. ”
The AVZ group also has a series of observations.
The 15% of the capital of Dathcom Mining illegally sold in fire sale in Zijin by Cominière
When Zijin declared that his payment to Cominière of $33.44 million for the 15% of Dathcom's shares would be "transferred to the joint venture for compensation" against the consideration payable by Jinxiang for his 61% stake in Manono Lithium SAS, the AVZ Group believes that “ this recognition of the fact that the purchase price of the 15% of Dathcom shares was redeployed is inconsistent with Zijin's assertion that its subsidiary Jin Cheng Mining Company (Jin Cheng) is a 15% shareholder. % of Dathcom Mining ”.
It should be noted that the announcement of the creation of “Manono Lithium” was made shortly after the hearing in case ICC 26986/SP on October 5 and 6, 2023, during which AVZ presented its thesis according to that the sale of the 15% of Dathcom Mining's shares was " ineffective, either due to the violation of AVZ's right of pre-emption under the Dathcom Mining joint venture, or due to the circumstances in which this agreement was entered into by Jin Cheng and Cominière, some of which were addressed in the IGF report dated November 30, 2022. ”
It appears that Zijin and Cominière recognized that AVZ was right and that Jin Cheng was not and had never been a shareholder of Dathcom Mining.
Furthermore, the ICC Tribunal was informed of Zijin's announcement, the terms of which justify AVZ's position in the arbitration.
The “ North Zone ” of the Dathcom License illegally allocated to Zijin under Manono Lithium
In its observations, the AVZ group indicates: “ Having apparently abandoned its attempt to appropriate a 15% stake in Dathcom, Zijin is on the contrary pursuing, in collusion with Cominière, a new strategy of appropriation of the northern zone of the project Manono as well as the part containing the workers' camp and the Dathcom Mining sample conservation hangar. The allegation that Manono Lithium SAS owns PR 15775 on the northern part of the Manono project has no legal basis. This northern area includes the Carrière de l'Este, Malata and Kahungwe deposits, the reconstructed Manono Hill construction camp and administrative center, and the central courtyard and main farm of Dathcom Mining which houses the mining library. 'samples '.
AVZ maintains that Dathcom Mining is the holder of PR 13359 for the entire Manono project (including the North zone) and that it is the applicant for an exploitation permit (EP) for this land. AVZ has taken advice and is confident in its position.
“ The objective of the ICSID procedure, which was initiated by AVZ on May 8, 2023 and registered on June 8, 2023, is to establish it in an authoritative manner. Until now, AVZ has tried to avoid publicly expressing its position in case it is perceived as critical of certain government institutions in the DRC. Unfortunately, the Fat Tail candidates sought to interpret the lack of available information regarding AVZ's position as reflecting a lack of merit and instead assumed, without any apparent understanding of DRC law, that the results obtained by Zijin and Cominière were legal and effective . comments an internal source from the Australian group.
With regard to AVZ's position, it should be noted that: " 1. the register of mining tenements kept by CAMI has the function of informing the public of decisions taken under the Mining Code concerning mining tenements, but the entry of a decision in the register has no legal effect and does not serve to validate decisions contrary to the Mining Code; 2. the ministerial decrees of January 28, 2023 annulled the ministerial decrees of April 7 and April 25, 2022 and restored the status quo according to which Dathcom Mining is the holder of PR 13359 and applicant for the EP on the entire Manono project; 3. the decision of the Kalemie High Court of May 3, 2023 ordering CAMI to register PR 13359 in the name of Cominière is contrary to the law because:
– it is based on the fact that the Dathcom Mining joint venture was validly terminated, which is incorrect (and will be examined by the arbitral tribunal in case ICC 27720/SP);
– a valid termination of the Dathcom Mining joint venture would provide no legal basis for transferring PR 13359 to Cominière;
– Dathcom Mining did not have the opportunity to be heard and had to request a new hearing (third-party opposition) which is in progress;
– the Kalemie High Court does not have jurisdiction to order the transfer of the RP; 4. the ministerial decree of October 12, 2023 which would have extended the duration of PR 13359 until December 27, 2027 is contrary to article 49 of the Mining Code which provides that the mandate of PR 13359 (which would otherwise have expired on December 27 2021) is extended sine die until the EP request is decided; and 5. any decision to waive or relinquish rights to the northern part of PR 13359 or transfer the northern part of PR 13359 is contrary to the Mining Code because only the legitimate holder of PR 13359 is legally entitled to take such measures. It follows that PR 13359 held by Dathcom Mining remains in force with regard to the entire Manono project and that PR 15775 could not be legally granted to Manono Lithium SAS with regard to the northern part of the project. Manono .”
This remains to be determined authoritatively within the framework of the ICSID procedure, the experts note, however, they believe that " AVZ seeks to uphold the rule of law in the DRC and the suggestion of the Fat Tail candidates that ICSID procedures are unnecessary or misguided is not correct .”
In any case, within the AVZ group, we expect to see the procedure through to the end: “ It is worrying to note that certain officials seem to have been led to make decisions relating to PR 13359 and PR 15775 which are contrary to the law and which, if applied, would have the effect of appropriating the legitimate rights of Dathcom Mining for the benefit of others. Unless immediate action is taken by the State to correct the relevant records to reinstate PR 13359 in the name of Dathcom Mining and on the entire Manono Project, AVZ will have no choice but to request an emergency assistance to ICSID” .
Regardless, Nigel Ferguson and the AVZ team remain in the DRC and continue their efforts to advance the negotiation of the Memorandum of Understanding with the State. The execution of the MOU by AVZ and the State will pave the way for the resolution of the ICSID proceedings without further escalation.
At first glance, the Congolese State, acting via Cominière, is at fault across the board. “ By obtaining the alleged concession of PR 15775 from Manono Lithium SAS, Cominière acted in contempt of the Mining Code. In addition, Cominière acted in violation of the Dathcom Mining joint venture as well as the CCI's emergency order dated May 5, 2023, the latter aimed at preserving the status quo, in particular by prohibiting Cominière from taking measures to implement its alleged termination of the Dathcom Mining joint venture ,” it is said in specialist circles.
AVZ will inform shareholders and the public of the outcome of its request for emergency measures before the CCI as soon as the outcome is known, concludes the company's public document in our possession.
DR Congo sells 61% of Manono Lithium's PR15775 to the Chinese ZIJIN for USD 103 million and keeps 39% of the new project.
In her publication of October 24, 2023, Kiki Kienge of CongoPress wonders: “ At the price evaluated by the General Inspectorate of Finance on the sale of Cominière to Zijin, based on the Feasibility Study of Dathcom, including Cominière and the Government must have copies , and carried out by AVZ, of which all the favorable legal opinions required by the Mining Code of the DRC have been given by the government technical services, should the 61% of MANONO LITHIUM of PR15775 not be worth more or less 650 million USD? »
Almost silently announced on the Mining Cadastre (CAMI) portal under the heading “ Application 15775, request for partial transfer. » As a reminder, application 15775 concerns the North-East part of mining permit PR13359 from Dathcom Mining.
We remember that after a standoff between the two partners Cominière and AVZ, the Minister of Mines, Antoinette Nsamba Kalambayi, canceled the conversion of Research Permit (PR13359) into Exploitation Permit (PE13359).
Secondly, by decree, it had brought together the two parts of PR13359 and had acted by “ returning ” to Cominière 100% of PR13359.
“ Illegal and irregular administrative acts ”, recognize Dathcom, AVZ and experts in Congolese mining law.
A few days after the announcement of the famous “Application on the CAMI portal”, the Chinese group Zijin announced that application 15775 had just been transformed into a Research Permit, P15775, by the Congolese authorities. On its portal, CAMI confirmed in particular that the remaining PR13359 now belongs entirely to Cominière SA.
“ A serious blow to mining governance for which civil society and the press have been fighting for some time in the DRC ,” said a civil society actor working in the natural resources sector, with disappointment.
The new PR15775 would now belong to the joint venture, Manono Lithium SAS, of which the Chinese group, Zijin, would own 61% of the shares and the Congolese State through Cominière, 39% of the shares.
According to Zijin's press release, the Chinese should, or have " already paid " a sum of 33 million USD, according to the old agreement deemed illegal by the General Inspectorate of Finance (IGF), for the 15% of Cominière's shares. in Dathcom. In addition, the Chinese from Zijin will add 70 million USD, to reach 103 million USD in order to own 61% of Manono Lithium which now owns PR15775.
These figures have yet to be confirmed by Cominière and the Congolese state, which has opted for silence to date.
However, last year, the IGF had valued at least 150 million USD the 15% of Cominière's shares sold to Zijin, or 10 million USD for 1%.
“The Board of Directors and directors of the company guarantee that there is no false information, misleading statements or major omissions in the content of the announcement and take legal responsibility for the authenticity, of the accuracy and completeness of its content in accordance with the law . On October 23, 2023, the joint venture between the overseas subsidiary of Zijin Mining Group Co, Ltd (Jinxiang Lithium) and Cominière, Manono Lithium, Jinxiang Lithium holds 61% of the shares and Cominière holds 39% of the shares, obtained the approval of the Ministry of the mines of the Democratic Republic of Congo, rights for the northeastern part of the Manono lithium deposit (PR15775),” indicates part of the press release from Zijin (Jinxiang Lithium).
Tshisekedi does to AVZ what Kabila did to FQM
According to several observers of the DRC mining sector, what is happening to Dathcom Mining is an illegal expropriation similar in all respects to that of the mining permits of the Australian-Canadian group First Quantum Minerals (FQM) under the Kabila regime of sad memory.
What's worse, this expropriation reflects a lack of long-term vision of the mining sector, the management of critical and strategic minerals, and a biased understanding of global geopolitical and geostrategic issues on the part of the power in Kinshasa which offers on the plateau of gold and at a low price the strategic sector of lithium, a critical and strategic mineral, without taking into account serious consequences in the short, medium and long term, while the Chinese, who already control the copper and cobalt sector of countries, have disputes with the Congolese State or their partner Gécamines, among others, at Sicomines. Moreover, these same Chinese are regularly singled out by reports from local civil society for violations of economic, environmental and social human rights. This is the case of Commus and Kamoa, where the famous Zijin is also questioned.
For Congolese civil society, in particular the “Coalition Tous Pour la DRC” which has been interested in this issue since last year, the only fair outcome remains an amicable arrangement without Zijin or another Chinese group between the State Congolese, owner of Cominière, and the Australian group AVZ which has invested enormously in the development of the lithium permit coveted by the Chinese.
The Chinese, however, are keen to secure their supply chain for this critical mineral and consolidate their lead over the United States of America and the West in their economic war, without worrying about the community development of the Congolese of Manono and Tanganyika who believe in AVZ and Dathcom Mining, now victims of a wild and gluttonous appetite from Chinese companies.
One thing is true: Americans and other Westerners, particularly those from the Commonwealth as well, observe closely – in silence of course – everything that is done. Just like the Chinese, they need critical minerals from the DRC in the face of Chinese competition and dependence.
The Australian government, which is interested and closely following this issue, is not far from making it a state affair with disastrous consequences for the reputation not only of the DRC but also of efforts to improve the climate. Business.
If you carefully read the letter from the Australians that we are publishing in a box and which is circulating on social networks, the AVZ file is already a state affair. It is up to the DRC to take this into account and play fair by protecting its interests, while taking into account balance in partnerships. The stability of a mining sector, presented as the spearhead of the Congolese economy, is at stake.
By Ben Nkaya for FKF Softpress.
AVZ reiterates its position on the favorable decision in the ICC emergency arbitration procedure against Cominière
AVZ (or Company) once again refers to its previous announcements dated April 17, 2023 and May 8, 2023 entitled respectively “New legal action to assert interests in the Manono Project” and “Favorable decision in the arbitration procedure of the ICC against Cominière” in the context of arbitration proceedings before the International Court of Arbitration of the International Chamber of Commerce (ICC) against Congolaise d'Exploitation Minière (RCCM 14-B-5938).
As a reminder, as part of the arbitration proceedings against Cominière, the Company, via its subsidiaries and Dathcom Mining SA (Dathcom), filed a request for emergency arbitration according to the rules of the ICC, heard by an arbitrator on May 3, 2023 , seeking an injunction for the purpose of restraining Cominière from taking any action regarding its alleged termination of the Dathcom Joint Venture Agreement (Dathcom JVA).
AVZ considers that Cominiere's purported termination of the Dathcom JVA is unlawful because it was attempted without good cause and in a manner contrary to the express terms of the Dathcom JVA.
The emergency arbitrator found that she had jurisdiction to order emergency measures and ruled in favor of the company's emergency request. The emergency arbitrator's order, dated May 5, 2023, provides as follows:
• Cominière may not undertake any action or take any measure that would result from the implementation of the termination of the Dathcom JVA and/or the consequences of such termination, until the final award on the merits of the procedure Cominière's broader arbitration decision is made. ;
• Cominière must comply with article 11.1 of the Dathcom JVA (ie the obligation to resolve any dispute by arbitration before the ICC) and refrain from initiating any dispute in relation to the Dathcom JVA and/or the termination that it claims to have carried out, before the courts of the Democratic Republic of Congo (DRC), until the final award on the merits of the broader Cominière arbitration proceedings was rendered;
• any violation of the above-mentioned orders will be punishable by a penalty of 50,000 euros per day of violation and any dispute relating to the liquidation of the penalty will be reserved to the arbitral tribunal within the framework of the arbitration procedure of the Cominière, who will rule on the question of the validity of the termination of the JVA;
In accordance with this emergency order, AVZ considers any attempt to dispose of the assets of Dathcom Mining by any party invoking the so-called resolution of the joint venture agreement (Dathcom JVA) to be in violation of the order of arbitration judge and therefore illegal .
AVZ will continue to rely on legality to defend by all legitimate means the interests arising from the joint venture agreement (Dathcom JVA).
The Australian government is closely following the AVZ file: Kinshasa must avoid replicating the expropriation to the FQM (see attached document)
https://econewsrdc.com/lithium-de-m...-droits-contre-le-chinois-zijin-et-cominiere/
Sam Posted
Manono Lithium: the Australian group AVZ determined to defend its rights against the Chinese Zijin and Cominière
November 6, 2023 Faustin KUEDIASALA 0
In Manono, in the province of Tanganyika, the lithium project took on another dimension with the creation, against all expectations, of the company “Manono Lithium”, born from a partnership between Cominière, a company in the Portfolio of State, and the Chinese Zijin Mining. The creation of this company was done in emergency mode. This is evidenced by the filing of a request for an emergency decree to formalize its creation.
Particularly aggrieved, the Australian AVZ, Cominière's partner in Dathcom Mining, is not waiting to give in. The AVZ group is turning to international justice to defend its rights in Dathcom. Like the Canadian First Quantum Minerals under Kabila, AVZ fears reliving the same episode of expropriation in the Manono project.
Lithium mining is, once again, at the center of a lively controversy following the creation between Cominière and the Chinese Zijin Mining of a company, called “Manono Lithium ” .
With this creation, Cominière has trampled underfoot the partnership that has always linked it to the Australian group AVZ within the framework of the Dathcom joint venture, relating to the same Manono project.
Following the creation of “Manono Lithium”, the reaction of the Australian AVZ was quick.
AVZ's response to the announcement of the creation of “ Manono Lithium ”
In a detailed press release dated October 30, 2023 for everyone, AVZ Minerals provided the update to the shareholders of the “Maono Lithium” Company, Cominière, Zijin and public opinion before an international court to secure its rights in the Dathcom Mining joint venture.
Indeed, as Kiki Kienge of the online media CongoPress well writes, this legal action by the AVZ group follows the announcement of the Chinese group, Zijin Mining, which claims through its subsidiary in the Democratic Republic of Congo, Jinxiang Lithium, having concluded an agreement on the Manono lithium deposit in the province of Tanganyika, in DR Congo, a deposit valued internationally by the feasibility study carried out by the Australians of AVZ Minerals using its own financial and technical means.
Since the Chinese of the creation of a joint venture with the Congolese State, in this case Manono Lithium, through COMINIERE and the ownership right of PR15775, there has been no reaction from the Congolese authorities to deny or certify Zijin's statements.
However, within 60 days of signing, the authorities and institutions of DR Congo should publish this agreement as required by the country's mining legislation. To date, there is silence from Kinshasa on the exit of the Chinese group Zijin.
For information, PR15775, granted to the joint venture Manono Lithium (joint venture between Cominière and ZIJIN), is part of PR13359 which belongs to the joint venture Dathcom Mining SA, joint venture between Cominière, Dathomir of Simon Cong Maohuai and Australians from AVZ Minerals .
According to indiscretions, the Chinese of Zijin claim to have 61% of the shares of PR15575, against a consideration of 33,4000,000 USD from the “illegal” sale of 15% of Dathcom Mining and should pay 70 million USD in humanitarian aid , payable, we learn. on, according to a modality and period which remain ambiguous.
AVZ breaks the silence
Contrary to its strategy, the Australian group AVZ has just reacted to the alleged agreement between the Congolese State, via Cominière and the Chinese of ZIJIN, of October 23, 2023 on the creation of Manono Lithium SAS based on PR15775:
Indeed, AVZ refers to the announcement made by Zijin Mining Group Co Limited (Zijin), on October 23, 2023, according to which its subsidiary Jinxiang Lithium Limited (Jinxiang) has entered into a joint venture with La Congolaise d'Exploitation Minière ( Cominière ) under which Jinxiang holds 61% of the shares of Manono Lithium SAS, which would hold PR 15775 on a northern part of the Manono project.
The Company, through its subsidiaries, has decided to file an application for emergency arbitration under the ICC Rules in order to obtain an injunction against Cominière for the purpose of prohibiting the Company of State to conduct, directly or indirectly, any transaction concerning PR13359 and PR15775 and, generally, to carry out certain actions with a view to maintaining and preserving the rights of Dathcom Mining SA (Dathcom) while the arbitration on the background is in progress.
The request also aims to obtain an increase in the amount of the daily penalty ordered by the order of the emergency arbitrator of May 5, 2023 (see the Company's announcement of May 8, 2023 “Favorable decision in the procedure of "ICC Emergency Arbitration against Cominière ") which provides: "Cominière's recent actions to terminate the Dathcom Mining Joint Venture Agreement dated January 17, 2017 as amended from time to time (JV Dathcom), to act as holder of PR13359 and to attempt to monetize said mineral rights from third parties all constitute violations of the terms of the Emergency Arbitrator's order dated May 5, 2023. ”
The AVZ group also has a series of observations.
The 15% of the capital of Dathcom Mining illegally sold in fire sale in Zijin by Cominière
When Zijin declared that his payment to Cominière of $33.44 million for the 15% of Dathcom's shares would be "transferred to the joint venture for compensation" against the consideration payable by Jinxiang for his 61% stake in Manono Lithium SAS, the AVZ Group believes that “ this recognition of the fact that the purchase price of the 15% of Dathcom shares was redeployed is inconsistent with Zijin's assertion that its subsidiary Jin Cheng Mining Company (Jin Cheng) is a 15% shareholder. % of Dathcom Mining ”.
It should be noted that the announcement of the creation of “Manono Lithium” was made shortly after the hearing in case ICC 26986/SP on October 5 and 6, 2023, during which AVZ presented its thesis according to that the sale of the 15% of Dathcom Mining's shares was " ineffective, either due to the violation of AVZ's right of pre-emption under the Dathcom Mining joint venture, or due to the circumstances in which this agreement was entered into by Jin Cheng and Cominière, some of which were addressed in the IGF report dated November 30, 2022. ”
It appears that Zijin and Cominière recognized that AVZ was right and that Jin Cheng was not and had never been a shareholder of Dathcom Mining.
Furthermore, the ICC Tribunal was informed of Zijin's announcement, the terms of which justify AVZ's position in the arbitration.
The “ North Zone ” of the Dathcom License illegally allocated to Zijin under Manono Lithium
In its observations, the AVZ group indicates: “ Having apparently abandoned its attempt to appropriate a 15% stake in Dathcom, Zijin is on the contrary pursuing, in collusion with Cominière, a new strategy of appropriation of the northern zone of the project Manono as well as the part containing the workers' camp and the Dathcom Mining sample conservation hangar. The allegation that Manono Lithium SAS owns PR 15775 on the northern part of the Manono project has no legal basis. This northern area includes the Carrière de l'Este, Malata and Kahungwe deposits, the reconstructed Manono Hill construction camp and administrative center, and the central courtyard and main farm of Dathcom Mining which houses the mining library. 'samples '.
AVZ maintains that Dathcom Mining is the holder of PR 13359 for the entire Manono project (including the North zone) and that it is the applicant for an exploitation permit (EP) for this land. AVZ has taken advice and is confident in its position.
“ The objective of the ICSID procedure, which was initiated by AVZ on May 8, 2023 and registered on June 8, 2023, is to establish it in an authoritative manner. Until now, AVZ has tried to avoid publicly expressing its position in case it is perceived as critical of certain government institutions in the DRC. Unfortunately, the Fat Tail candidates sought to interpret the lack of available information regarding AVZ's position as reflecting a lack of merit and instead assumed, without any apparent understanding of DRC law, that the results obtained by Zijin and Cominière were legal and effective . comments an internal source from the Australian group.
With regard to AVZ's position, it should be noted that: " 1. the register of mining tenements kept by CAMI has the function of informing the public of decisions taken under the Mining Code concerning mining tenements, but the entry of a decision in the register has no legal effect and does not serve to validate decisions contrary to the Mining Code; 2. the ministerial decrees of January 28, 2023 annulled the ministerial decrees of April 7 and April 25, 2022 and restored the status quo according to which Dathcom Mining is the holder of PR 13359 and applicant for the EP on the entire Manono project; 3. the decision of the Kalemie High Court of May 3, 2023 ordering CAMI to register PR 13359 in the name of Cominière is contrary to the law because:
– it is based on the fact that the Dathcom Mining joint venture was validly terminated, which is incorrect (and will be examined by the arbitral tribunal in case ICC 27720/SP);
– a valid termination of the Dathcom Mining joint venture would provide no legal basis for transferring PR 13359 to Cominière;
– Dathcom Mining did not have the opportunity to be heard and had to request a new hearing (third-party opposition) which is in progress;
– the Kalemie High Court does not have jurisdiction to order the transfer of the RP; 4. the ministerial decree of October 12, 2023 which would have extended the duration of PR 13359 until December 27, 2027 is contrary to article 49 of the Mining Code which provides that the mandate of PR 13359 (which would otherwise have expired on December 27 2021) is extended sine die until the EP request is decided; and 5. any decision to waive or relinquish rights to the northern part of PR 13359 or transfer the northern part of PR 13359 is contrary to the Mining Code because only the legitimate holder of PR 13359 is legally entitled to take such measures. It follows that PR 13359 held by Dathcom Mining remains in force with regard to the entire Manono project and that PR 15775 could not be legally granted to Manono Lithium SAS with regard to the northern part of the project. Manono .”
This remains to be determined authoritatively within the framework of the ICSID procedure, the experts note, however, they believe that " AVZ seeks to uphold the rule of law in the DRC and the suggestion of the Fat Tail candidates that ICSID procedures are unnecessary or misguided is not correct .”
In any case, within the AVZ group, we expect to see the procedure through to the end: “ It is worrying to note that certain officials seem to have been led to make decisions relating to PR 13359 and PR 15775 which are contrary to the law and which, if applied, would have the effect of appropriating the legitimate rights of Dathcom Mining for the benefit of others. Unless immediate action is taken by the State to correct the relevant records to reinstate PR 13359 in the name of Dathcom Mining and on the entire Manono Project, AVZ will have no choice but to request an emergency assistance to ICSID” .
Regardless, Nigel Ferguson and the AVZ team remain in the DRC and continue their efforts to advance the negotiation of the Memorandum of Understanding with the State. The execution of the MOU by AVZ and the State will pave the way for the resolution of the ICSID proceedings without further escalation.
At first glance, the Congolese State, acting via Cominière, is at fault across the board. “ By obtaining the alleged concession of PR 15775 from Manono Lithium SAS, Cominière acted in contempt of the Mining Code. In addition, Cominière acted in violation of the Dathcom Mining joint venture as well as the CCI's emergency order dated May 5, 2023, the latter aimed at preserving the status quo, in particular by prohibiting Cominière from taking measures to implement its alleged termination of the Dathcom Mining joint venture ,” it is said in specialist circles.
AVZ will inform shareholders and the public of the outcome of its request for emergency measures before the CCI as soon as the outcome is known, concludes the company's public document in our possession.
DR Congo sells 61% of Manono Lithium's PR15775 to the Chinese ZIJIN for USD 103 million and keeps 39% of the new project.
In her publication of October 24, 2023, Kiki Kienge of CongoPress wonders: “ At the price evaluated by the General Inspectorate of Finance on the sale of Cominière to Zijin, based on the Feasibility Study of Dathcom, including Cominière and the Government must have copies , and carried out by AVZ, of which all the favorable legal opinions required by the Mining Code of the DRC have been given by the government technical services, should the 61% of MANONO LITHIUM of PR15775 not be worth more or less 650 million USD? »
Almost silently announced on the Mining Cadastre (CAMI) portal under the heading “ Application 15775, request for partial transfer. » As a reminder, application 15775 concerns the North-East part of mining permit PR13359 from Dathcom Mining.
We remember that after a standoff between the two partners Cominière and AVZ, the Minister of Mines, Antoinette Nsamba Kalambayi, canceled the conversion of Research Permit (PR13359) into Exploitation Permit (PE13359).
Secondly, by decree, it had brought together the two parts of PR13359 and had acted by “ returning ” to Cominière 100% of PR13359.
“ Illegal and irregular administrative acts ”, recognize Dathcom, AVZ and experts in Congolese mining law.
A few days after the announcement of the famous “Application on the CAMI portal”, the Chinese group Zijin announced that application 15775 had just been transformed into a Research Permit, P15775, by the Congolese authorities. On its portal, CAMI confirmed in particular that the remaining PR13359 now belongs entirely to Cominière SA.
“ A serious blow to mining governance for which civil society and the press have been fighting for some time in the DRC ,” said a civil society actor working in the natural resources sector, with disappointment.
The new PR15775 would now belong to the joint venture, Manono Lithium SAS, of which the Chinese group, Zijin, would own 61% of the shares and the Congolese State through Cominière, 39% of the shares.
According to Zijin's press release, the Chinese should, or have " already paid " a sum of 33 million USD, according to the old agreement deemed illegal by the General Inspectorate of Finance (IGF), for the 15% of Cominière's shares. in Dathcom. In addition, the Chinese from Zijin will add 70 million USD, to reach 103 million USD in order to own 61% of Manono Lithium which now owns PR15775.
These figures have yet to be confirmed by Cominière and the Congolese state, which has opted for silence to date.
However, last year, the IGF had valued at least 150 million USD the 15% of Cominière's shares sold to Zijin, or 10 million USD for 1%.
“The Board of Directors and directors of the company guarantee that there is no false information, misleading statements or major omissions in the content of the announcement and take legal responsibility for the authenticity, of the accuracy and completeness of its content in accordance with the law . On October 23, 2023, the joint venture between the overseas subsidiary of Zijin Mining Group Co, Ltd (Jinxiang Lithium) and Cominière, Manono Lithium, Jinxiang Lithium holds 61% of the shares and Cominière holds 39% of the shares, obtained the approval of the Ministry of the mines of the Democratic Republic of Congo, rights for the northeastern part of the Manono lithium deposit (PR15775),” indicates part of the press release from Zijin (Jinxiang Lithium).
Tshisekedi does to AVZ what Kabila did to FQM
According to several observers of the DRC mining sector, what is happening to Dathcom Mining is an illegal expropriation similar in all respects to that of the mining permits of the Australian-Canadian group First Quantum Minerals (FQM) under the Kabila regime of sad memory.
What's worse, this expropriation reflects a lack of long-term vision of the mining sector, the management of critical and strategic minerals, and a biased understanding of global geopolitical and geostrategic issues on the part of the power in Kinshasa which offers on the plateau of gold and at a low price the strategic sector of lithium, a critical and strategic mineral, without taking into account serious consequences in the short, medium and long term, while the Chinese, who already control the copper and cobalt sector of countries, have disputes with the Congolese State or their partner Gécamines, among others, at Sicomines. Moreover, these same Chinese are regularly singled out by reports from local civil society for violations of economic, environmental and social human rights. This is the case of Commus and Kamoa, where the famous Zijin is also questioned.
For Congolese civil society, in particular the “Coalition Tous Pour la DRC” which has been interested in this issue since last year, the only fair outcome remains an amicable arrangement without Zijin or another Chinese group between the State Congolese, owner of Cominière, and the Australian group AVZ which has invested enormously in the development of the lithium permit coveted by the Chinese.
The Chinese, however, are keen to secure their supply chain for this critical mineral and consolidate their lead over the United States of America and the West in their economic war, without worrying about the community development of the Congolese of Manono and Tanganyika who believe in AVZ and Dathcom Mining, now victims of a wild and gluttonous appetite from Chinese companies.
One thing is true: Americans and other Westerners, particularly those from the Commonwealth as well, observe closely – in silence of course – everything that is done. Just like the Chinese, they need critical minerals from the DRC in the face of Chinese competition and dependence.
The Australian government, which is interested and closely following this issue, is not far from making it a state affair with disastrous consequences for the reputation not only of the DRC but also of efforts to improve the climate. Business.
If you carefully read the letter from the Australians that we are publishing in a box and which is circulating on social networks, the AVZ file is already a state affair. It is up to the DRC to take this into account and play fair by protecting its interests, while taking into account balance in partnerships. The stability of a mining sector, presented as the spearhead of the Congolese economy, is at stake.
By Ben Nkaya for FKF Softpress.
AVZ reiterates its position on the favorable decision in the ICC emergency arbitration procedure against Cominière
AVZ (or Company) once again refers to its previous announcements dated April 17, 2023 and May 8, 2023 entitled respectively “New legal action to assert interests in the Manono Project” and “Favorable decision in the arbitration procedure of the ICC against Cominière” in the context of arbitration proceedings before the International Court of Arbitration of the International Chamber of Commerce (ICC) against Congolaise d'Exploitation Minière (RCCM 14-B-5938).
As a reminder, as part of the arbitration proceedings against Cominière, the Company, via its subsidiaries and Dathcom Mining SA (Dathcom), filed a request for emergency arbitration according to the rules of the ICC, heard by an arbitrator on May 3, 2023 , seeking an injunction for the purpose of restraining Cominière from taking any action regarding its alleged termination of the Dathcom Joint Venture Agreement (Dathcom JVA).
AVZ considers that Cominiere's purported termination of the Dathcom JVA is unlawful because it was attempted without good cause and in a manner contrary to the express terms of the Dathcom JVA.
The emergency arbitrator found that she had jurisdiction to order emergency measures and ruled in favor of the company's emergency request. The emergency arbitrator's order, dated May 5, 2023, provides as follows:
• Cominière may not undertake any action or take any measure that would result from the implementation of the termination of the Dathcom JVA and/or the consequences of such termination, until the final award on the merits of the procedure Cominière's broader arbitration decision is made. ;
• Cominière must comply with article 11.1 of the Dathcom JVA (ie the obligation to resolve any dispute by arbitration before the ICC) and refrain from initiating any dispute in relation to the Dathcom JVA and/or the termination that it claims to have carried out, before the courts of the Democratic Republic of Congo (DRC), until the final award on the merits of the broader Cominière arbitration proceedings was rendered;
• any violation of the above-mentioned orders will be punishable by a penalty of 50,000 euros per day of violation and any dispute relating to the liquidation of the penalty will be reserved to the arbitral tribunal within the framework of the arbitration procedure of the Cominière, who will rule on the question of the validity of the termination of the JVA;
In accordance with this emergency order, AVZ considers any attempt to dispose of the assets of Dathcom Mining by any party invoking the so-called resolution of the joint venture agreement (Dathcom JVA) to be in violation of the order of arbitration judge and therefore illegal .
AVZ will continue to rely on legality to defend by all legitimate means the interests arising from the joint venture agreement (Dathcom JVA).
The Australian government is closely following the AVZ file: Kinshasa must avoid replicating the expropriation to the FQM (see attached document)
https://econewsrdc.com/lithium-de-m...-droits-contre-le-chinois-zijin-et-cominiere/
Dave Evans
Regular
11/01/2024
The Governor of the Province of Tanganyika suspends the career activities of the mining company ManonoLithium for an indefinite period. She criticizes this Chinese company for not paying taxes without specifying them. Manono's civil society actors demand more transparency from the authorities in the measures they take.
The provincial authority sank its decision in a decree signed on January 06. According to this document, "the company Manono Lithium exploits gravel, stings, and sand without permission from the province. In addition, says the governor, the company does not pay state taxes.
Are suspended, the work of the quarries on behalf of the company Manono Lithium for non-payment of taxes due to the province and for lack of prior authorization.
In addition, this measure applies to the transport and use of building materials.
Read also: https://magazinelaguardia.info/2024...-du-lithium-manono-toujours-dans-la-pauvrete/
We met this Wednesday with the administrator of the Manono territory to try to understand this dispute. What are the taxes not paid by the company? However, we have information that Manono Lithium pays fees to SAEMAP. This gives the impression that the money does not reach the state coffers. That is why, at the community level, we do not see the benefits of our mineral wealth. And to continue, the territorial authority has committed to provide us with this information this Friday.
Manono's civil society recalls that companies are obliged to pay taxes. For its part, the State should improve the business climate.
Manono Lithium is a Chinese company that is in the phase of exploring Lithium. She has just opened a road of nearly 3 km that leads to her accommodation site. With the suspension of activities, nearly 200 local agents are sent unemployed.
Manono: The suspension of Manono Lithium's activities is being debated
The Governor of the Province of Tanganyika suspends the career activities of the mining company ManonoLithium for an indefinite period. She criticizes this Chinese company for not paying taxes without specifying them. Manono's civil society actors demand more transparency from the authorities in the measures they take.
The provincial authority sank its decision in a decree signed on January 06. According to this document, "the company Manono Lithium exploits gravel, stings, and sand without permission from the province. In addition, says the governor, the company does not pay state taxes.
Are suspended, the work of the quarries on behalf of the company Manono Lithium for non-payment of taxes due to the province and for lack of prior authorization.
In addition, this measure applies to the transport and use of building materials.
Transparency!
The Manono company, for its part, asks the provincial authority for a little more precision in the accusations against this company. Thank God Kabila, coordinator of the Dynamic Grouping of Christian Integration demands more transparency.Read also: https://magazinelaguardia.info/2024...-du-lithium-manono-toujours-dans-la-pauvrete/
We met this Wednesday with the administrator of the Manono territory to try to understand this dispute. What are the taxes not paid by the company? However, we have information that Manono Lithium pays fees to SAEMAP. This gives the impression that the money does not reach the state coffers. That is why, at the community level, we do not see the benefits of our mineral wealth. And to continue, the territorial authority has committed to provide us with this information this Friday.
Manono's civil society recalls that companies are obliged to pay taxes. For its part, the State should improve the business climate.
Manono Lithium is a Chinese company that is in the phase of exploring Lithium. She has just opened a road of nearly 3 km that leads to her accommodation site. With the suspension of activities, nearly 200 local agents are sent unemployed.
Manono: la suspension des activités de Manono Lithium fait débat
Manono Lithium , encore en phase d'exploration du minerais stratégique voit ses activités suspendues jusqu'à nouvel ordre
magazinelaguardia.info
Frank
Top 20
Kabila indexed in a suspicious file of US$18 million in public funds
Towards a “Kabila hold-up”.
The ex-president is suspected of having embezzled US$18 million in public funds to build a hospital in his private concession in Kalemie in the province of Tanganyika.
Congo hold-up had not delivered all of the predation which marked the regime of Joseph Kabila, warns a Lucha activist.
The senator for life finds himself cited in a case of embezzlement of public funds, at least US$18 million, which he allegedly concealed in the construction of a hospital specializing in the treatment of cancer, a thousand miles from Kinshasa, in Kalemie, capital of the province of Tanganyika, in the former great Katanga.
On the web, the photo of a property title, in this case a registration certificate, has gone viral.
According to “Scooprdc”, a Congolese online media, this would be the Certificate of Registration of a property of honorary president Joseph Kabila in Kalemie in which a private hospital would have been built with funds from the Congolese state.
“Hope”, the name of the hospital in question, is undoubtedly welcome, but poses a problem of public morality.
The hospital would be the result of an amputation subtly carried out in state coffers.
And Scooprdc continues, on the one hand, “the registration certificate of the “Espoir” hospital indicates that the plot located in the commune of Lukuga, cadastral number 10,664, with an area of 20 hectares in Kalemie, is a private property of the former President of the Republic, Joseph Kabila.
Said certificate was issued on April 11, 2022.”
And on the other hand, “the Provincial Division of Town Planning and Housing of Tanganyika does not recognize having issued a building permit in the name of the owner unfortunately indicated on the certificate”.
In its investigations, the online media also notes that the land as well as the hospital whose construction work was launched under the mandate of Governor Zoé Kabila, brother of Joseph, belong to the Congolese state, but unfortunately, the title land (duplicate) obtained from the Provincial Division of Land Affairs of Kalemie indicates that it belongs to the former President of the Republic.
As if to give an idea of the modus operandi, the article goes so far as to mention the existence of the private animal park of Kingakati when the country that Kabila led for 18 years does not even have a zoo worthy of the name. .
The administrative file of the plot questions at the same time as the origin of the funds used for the erection of this medical establishment.
Local civil society, for its part, produced a document attesting, according to it, the origin of the financing: the Central Bank of Congo -BCC- via FBN Bank.
Judge for yourself: this private bank released in several tranches, between 2018 and 2020, from account number 208001987889 USD belonging to a Basket Fund VC, not otherwise identified, a total of 18.103 million dollars devoted to this hospital whose work is not yet finished and not yet put into service.
If local civil society calls for an investigation to establish the link between Basket Fund VC, the “Espoir” hospital, the honorary president and the Public Treasury, the Kabila camp, approached for four days via the communication services of the honorary president, takes all his time, claiming to be preparing the response, but giving more and more free rein to the controversy.
Is there any truth in this attitude?
Very smart who would know how to answer that.
Is it that in private, some close to the former head of state believe that this is “yet another episode of the soap opera “Kabila Bashing” whose scenario aims to rush on a private hospital specialized in oncology, expected to be the largest in the region, but whose construction has already swallowed up nearly 40 million dollars.
www.mediacongo.net/article-actualite-132136_kabila_indexe_dans_un_louche_dossier_des_18_millions_us_de_fonds_publics.html
Towards a “Kabila hold-up”.
The ex-president is suspected of having embezzled US$18 million in public funds to build a hospital in his private concession in Kalemie in the province of Tanganyika.
Congo hold-up had not delivered all of the predation which marked the regime of Joseph Kabila, warns a Lucha activist.
The senator for life finds himself cited in a case of embezzlement of public funds, at least US$18 million, which he allegedly concealed in the construction of a hospital specializing in the treatment of cancer, a thousand miles from Kinshasa, in Kalemie, capital of the province of Tanganyika, in the former great Katanga.
On the web, the photo of a property title, in this case a registration certificate, has gone viral.
According to “Scooprdc”, a Congolese online media, this would be the Certificate of Registration of a property of honorary president Joseph Kabila in Kalemie in which a private hospital would have been built with funds from the Congolese state.
“Hope”, the name of the hospital in question, is undoubtedly welcome, but poses a problem of public morality.
The hospital would be the result of an amputation subtly carried out in state coffers.
And Scooprdc continues, on the one hand, “the registration certificate of the “Espoir” hospital indicates that the plot located in the commune of Lukuga, cadastral number 10,664, with an area of 20 hectares in Kalemie, is a private property of the former President of the Republic, Joseph Kabila.
Said certificate was issued on April 11, 2022.”
And on the other hand, “the Provincial Division of Town Planning and Housing of Tanganyika does not recognize having issued a building permit in the name of the owner unfortunately indicated on the certificate”.
In its investigations, the online media also notes that the land as well as the hospital whose construction work was launched under the mandate of Governor Zoé Kabila, brother of Joseph, belong to the Congolese state, but unfortunately, the title land (duplicate) obtained from the Provincial Division of Land Affairs of Kalemie indicates that it belongs to the former President of the Republic.
As if to give an idea of the modus operandi, the article goes so far as to mention the existence of the private animal park of Kingakati when the country that Kabila led for 18 years does not even have a zoo worthy of the name. .
The administrative file of the plot questions at the same time as the origin of the funds used for the erection of this medical establishment.
Local civil society, for its part, produced a document attesting, according to it, the origin of the financing: the Central Bank of Congo -BCC- via FBN Bank.
Judge for yourself: this private bank released in several tranches, between 2018 and 2020, from account number 208001987889 USD belonging to a Basket Fund VC, not otherwise identified, a total of 18.103 million dollars devoted to this hospital whose work is not yet finished and not yet put into service.
If local civil society calls for an investigation to establish the link between Basket Fund VC, the “Espoir” hospital, the honorary president and the Public Treasury, the Kabila camp, approached for four days via the communication services of the honorary president, takes all his time, claiming to be preparing the response, but giving more and more free rein to the controversy.
Is there any truth in this attitude?
Very smart who would know how to answer that.
Is it that in private, some close to the former head of state believe that this is “yet another episode of the soap opera “Kabila Bashing” whose scenario aims to rush on a private hospital specialized in oncology, expected to be the largest in the region, but whose construction has already swallowed up nearly 40 million dollars.
www.mediacongo.net/article-actualite-132136_kabila_indexe_dans_un_louche_dossier_des_18_millions_us_de_fonds_publics.html
Frank
Top 20
Discussions between the authorities and the Kibali Gold Mine company threatened with closure
In the Democratic Republic of Congo, the South African mining giant Barrick and its subsidiary Kibali Gold Mine are in turmoil.
The group is threatened with closure, due to cases of fraud linked to subcontracting.
According to the Congolese authorities, the world number two gold producer had entrusted 90% of its subcontracting contracts to a Belgian-Indian company, which in turn demanded commissions from the subcontracting Congolese companies.
In the country, the law requires that at least 51% of shares in subcontracting companies be held by Congolese, only 49% for foreigners.
Between losing its mines and getting rid of a partner, South African society had no choice.
According to Miguel Katemb Kashal, the "policeman" of subcontracting in the DRC, Kibali Gold Mine was -not only- guilty of subcontracting its activities to ineligible companies, but it also recruited a Belgian-Indian company called TCFF to manage 90% of its markets.
Millions of dollars thus escaped from the Congolese financial circuit.
And for Miguel Katemb Kashal, the general director of the Subcontracting Regulatory Authority, it is a hemorrhage that has just been stopped:
“These are serious facts. We asked the Kibali Gold company to deregister this company and the 90% of Kibali Gold markets which were centralized by this foreign company have today been released for the benefit of Congolese entrepreneurs.
This is the fight of the President of the Republic.
The TCFF company had already centralized all markets and payments were made abroad; here at the ARSP level, we are going to dissolve the certificate.
Which means that this company will no longer be eligible at all across the entire national territory.”
Visible part of the iceberg
After hours of meetings, the multinational committed to increasing the volume of markets for the benefit of companies with Congolese capital.
But, to separate from his unwanted service provider, Nicolas Marques, one of the senior managers of the Barrick group of which Kibali Gold Mine is a part, obtained a short moratorium from the authorities:
“Because suddenly dismissing a company that we have been working with for twelve years could cause huge problems at the mine and this problem could even affect the payment of taxes and the production of gold.”
The case of this firm is only the visible part of the iceberg.
Kinshasa intends to capture in this sector and for the benefit of its finances, more than 8 billion dollars which escaped it each year.
In the Democratic Republic of Congo, the South African mining giant Barrick and its subsidiary Kibali Gold Mine are in turmoil.
The group is threatened with closure, due to cases of fraud linked to subcontracting.
According to the Congolese authorities, the world number two gold producer had entrusted 90% of its subcontracting contracts to a Belgian-Indian company, which in turn demanded commissions from the subcontracting Congolese companies.
In the country, the law requires that at least 51% of shares in subcontracting companies be held by Congolese, only 49% for foreigners.
Between losing its mines and getting rid of a partner, South African society had no choice.
According to Miguel Katemb Kashal, the "policeman" of subcontracting in the DRC, Kibali Gold Mine was -not only- guilty of subcontracting its activities to ineligible companies, but it also recruited a Belgian-Indian company called TCFF to manage 90% of its markets.
Millions of dollars thus escaped from the Congolese financial circuit.
And for Miguel Katemb Kashal, the general director of the Subcontracting Regulatory Authority, it is a hemorrhage that has just been stopped:
“These are serious facts. We asked the Kibali Gold company to deregister this company and the 90% of Kibali Gold markets which were centralized by this foreign company have today been released for the benefit of Congolese entrepreneurs.
This is the fight of the President of the Republic.
The TCFF company had already centralized all markets and payments were made abroad; here at the ARSP level, we are going to dissolve the certificate.
Which means that this company will no longer be eligible at all across the entire national territory.”
Visible part of the iceberg
After hours of meetings, the multinational committed to increasing the volume of markets for the benefit of companies with Congolese capital.
But, to separate from his unwanted service provider, Nicolas Marques, one of the senior managers of the Barrick group of which Kibali Gold Mine is a part, obtained a short moratorium from the authorities:
“Because suddenly dismissing a company that we have been working with for twelve years could cause huge problems at the mine and this problem could even affect the payment of taxes and the production of gold.”
The case of this firm is only the visible part of the iceberg.
Kinshasa intends to capture in this sector and for the benefit of its finances, more than 8 billion dollars which escaped it each year.
