Corruption

Over the last 5 years AVZ have spent millions of dollars on Soil Sampling, Field Mapping, Consulting, Drilling, Metallurgical Testing (spodumene and primary lithium sulphate), Completing a FEED Study, A SEZ Agreement, A 160 page Definitive Feasibility Study, Tendering for Mining Infrastructure, Legally Obtaining and Paying For and Increased Share of Dathcom, Obtaining Offtake Agreements for both Lithium and Tin, Raising Capital, A Funding and Offtake Agreement with CATH, Presenting at the Battery Minerals Conference, Legally Fulfilling all Requirements to Obtain the Mining License, Including Receiving the Ministerial Decree to Award the Mining License, Producing an 85 page Sustainability Report and Supporting the Local Community….

And still have not received the Mining License….

All because of Jean Michel Sama Lukonde Kyenge, Adele Kayinda, Jean Felix Mupande, Simon Cong (Dathomir), Cominiere and Zigin

The good news is that more evidence is being gathered on these perpetrators every day, including evidence on their associates further a field
 
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20/11/2022​

DRC - Mines: COMINIERE SA accused of blocking the Manono Lithium production project, this mineral prized in the manufacture of electric batteries (Civil Society)​


The Congolese state portfolio company COMINIERE SA is accused of continuing to multiply illegal maneuvers to block the effective start-up of Dathcom's lithium mining project
Mining SA, in Manono, Tanganyika province.


The denunciation is made by the organizations and platforms of the society under Congolese law, in a press release whose copy reached the drafting of 7SUR7. CD this Sunday, November 20, 2022.

They want as proof of this the call for tender described as unregular launched in September 2022 by the general management of COMINIERE SA for the rehabilitation work of the power plants in Mpiana - Mwanga, which they believe are abandoned.

An irregular call for tenders
This press release points out that this call for tenders sufficiently demonstrates how much COMINIERE SA is keen, against all odds, to block the effective start of the work of the lithium mining project, this mineral prized in the manufacture of electric batteries, essential in the fight against the global warming against which the DRC is positioning itself in a solution country.

For civil society, COMINIERE SA and the Ministry of Portfolio cannot offer the rehabilitation market for these power plants to the Chinese company Zijin, as stated by a COMINIERE delegate at the meeting held on November 12, 2022 in Manono.

They recall that the Congolese government has already signed an agreement with AVZ POWER SARLU to rehabilitate the plants concerned in compliance with the laws of the country and the international standards in the sector to provide energy to Dathcom Mining SA for its mining operations as well as to public and private schools and hospitals (health centers) in Manono and its surroundings, not to mention a quantity to be used by the State for the electrification of the city of Manono and Mpiana-Mwanga.

President Tshisekedi called to ensure the integrity of the leaders of the COMINIERE

Based on this observation, civil society asks President Félix-Antoine Tshisekedi to ensure that the climate of trust reigns between the shareholders of the joint venture Dathcom Mining SA so that operating operations begin urgently and to give orders to the state services for Dathcom Mining SA to be notified and that the 10% of action of the State are effectively registered in the register of the Mining Cadastre, in accordance with
mining legislation.

The Congolese Head of State is also invited to ensure that the people proposed by the Ministry of the Portfolio are honest and will defend the interests of the State in Dathcom Mining SA, United Cominière SA and others partnership companies at COMINIERE SA and to prohibit any interference or interference of certain members of the government, institutions and cabinets at the national level and in the provinces with direct or indirect interests with this state enterprise.

To the Prime Minister-in-Chief of Government, the company's organizations and platforms recommend asking the Minister of the Portfolio, in accordance with the conclusions of the Report of the IGF, to urgently recruit by selective testing of new representatives to direct the COMMINIERE, "leased for years in the hands of two people (the Deputy Director General and the Technical Director) who impose their will at the expense of the interests of local communities and the Republic."

Stop sowing confusion
The Minister of the Portfolio is asked to stop causing confusion and play a role that blocks the development of the mining project of Dathcom Mining SA, to take into account the conclusions of the IGF roadmap (Report) on its poor role in the illegal sale of the 15% of the shares to a Zijin company as well as the sale of the assets of Cominière SA by its interim management, then draw all the factual conclusions and of law.

The Minister of the Portfolio is also called upon to respect and support the Memorandum of Understanding signed by the Government of the Republic, at
through the Minister in charge of the energy sector, and AVZ POWER SAU, for the rehabilitation of Mpiana-Mwanga power plants.

For his part, the Minister of Hydrocarbons and Electricity Resources is invited to ensure that the rehabilitation work of the Mpiana-Mwanga power plants is carried out normally given the agreement signed with AVZ POWER SAU which engages the entire government and the DRC and to ensure with its portfolio colleague that the COMINIERE SA Management ceases to create an additional blockage against the effective start of the work of Dathcom's lithium mining project Mining SA.

Leaders of the COMINIERE called to resign

Finally, the leaders of COMINIERE SA are called upon to resign taking into account the conclusions of the General Inspectorate of Finance (IGF) on their management and the sale of the assets of this state enterprise.

The organizations and platforms of civil society in the DRC that signed this press release are: CDH, ESPOIR ONGDH, JUSTICIA Asbl, LICOCO, MAX IMPACT, MDR, POM, RCEN, RDN Asbl, CERN/CENCO AND TPRDC.
ODN

 
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20/11/2022

DRC - Mines: COMINIERE SA accused of blocking the Manono Lithium production project, this mineral prized in the manufacture of electric batteries (Civil Society)​


The Congolese state portfolio company COMINIERE SA is accused of continuing to multiply illegal maneuvers to block the effective start-up of Dathcom's lithium mining project
Mining SA, in Manono, Tanganyika province.


The denunciation is made by the organizations and platforms of the society under Congolese law, in a press release whose copy reached the drafting of 7SUR7. CD this Sunday, November 20, 2022.

They want as proof of this the call for tender described as unregular launched in September 2022 by the general management of COMINIERE SA for the rehabilitation work of the power plants in Mpiana - Mwanga, which they believe are abandoned.

An irregular call for tenders

This press release points out that this call for tenders sufficiently demonstrates how much COMINIERE SA is keen, against all odds, to block the effective start of the work of the lithium mining project, this mineral prized in the manufacture of electric batteries, essential in the fight against the global warming against which the DRC is positioning itself in a solution country.

For civil society, COMINIERE SA and the Ministry of Portfolio cannot offer the rehabilitation market for these power plants to the Chinese company Zijin, as stated by a COMINIERE delegate at the meeting held on November 12, 2022 in Manono.

They recall that the Congolese government has already signed an agreement with AVZ POWER SARLU to rehabilitate the plants concerned in compliance with the laws of the country and the international standards in the sector to provide energy to Dathcom Mining SA for its mining operations as well as to public and private schools and hospitals (health centers) in Manono and its surroundings, not to mention a quantity to be used by the State for the electrification of the city of Manono and Mpiana-Mwanga.

President Tshisekedi called to ensure the integrity of the leaders of the COMINIERE

Based on this observation, civil society asks President Félix-Antoine Tshisekedi to ensure that the climate of trust reigns between the shareholders of the joint venture Dathcom Mining SA so that operating operations begin urgently and to give orders to the state services for Dathcom Mining SA to be notified and that the 10% of action of the State are effectively registered in the register of the Mining Cadastre, in accordance with
mining legislation.

The Congolese Head of State is also invited to ensure that the people proposed by the Ministry of the Portfolio are honest and will defend the interests of the State in Dathcom Mining SA, United Cominière SA and others partnership companies at COMINIERE SA and to prohibit any interference or interference of certain members of the government, institutions and cabinets at the national level and in the provinces with direct or indirect interests with this
state enterprise.

To the Prime Minister-in-Chief of Government, the company's organizations and platforms recommend asking the Minister of the Portfolio, in accordance with the conclusions of the Report of the IGF, to urgently recruit by selective testing of new representatives to direct the COMMINIERE, "leased for years in the hands of two people (the Deputy Director General and the Technical Director) who
impose their will at the expense of the interests of local communities and the Republic."

Stop sowing confusion

The Minister of the Portfolio is asked to stop causing confusion and play a role that blocks the development of the mining project of Dathcom Mining SA, to take into account the conclusions of the IGF roadmap (Report) on its poor role in the illegal sale of the 15% of the shares to a Zijin company as well as the sale of the assets of Cominière SA by its interim management, then draw all the factual conclusions and of law.

The Minister of the Portfolio is also called upon to respect and support the Memorandum of Understanding signed by the Government of the Republic, at
through the Minister in charge of the energy sector, and AVZ POWER SAU, for the rehabilitation of Mpiana-Mwanga power plants.

For his part, the Minister of Hydrocarbons and Electricity Resources is invited to ensure that the rehabilitation work of the Mpiana-Mwanga power plants is carried out normally given the agreement signed with AVZ POWER SAU which engages the entire government and the DRC and to ensure with its portfolio colleague that the COMINIERE SA Management ceases to create an additional blockage against the effective start of the work of Dathcom's lithium mining project
Mining SA.

Leaders of the COMINIERE called to resign

Finally, the leaders of COMINIERE SA are called upon to resign taking into account the conclusions of the General Inspectorate of Finance (IGF) on their management and the sale of the assets of this state enterprise.

The organizations and platforms of civil society in the DRC that signed this press release are: CDH, ESPOIR ONGDH, JUSTICIA Asbl, LICOCO, MAX IMPACT, MDR, POM, RCEN, RDN Asbl, CERN/CENCO AND TPRDC.

ODN



20/11/2022

Civil Society points to the culprit and mobilizes to save the Manono lithium mining project

November 20, 2022 Faustin KUEDIASALA 0
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The lithium mining project in Manono, in the province of Tanganyika, is stalling. And civil society, evolving in the natural resources sector, does not hesitate to name the culprit: Cominière (Congolese mining company), this company of the State Portfolio born from the vestiges of Zaire-Etain.

In a statement, made simultaneously, on November 20, 2022, in Kinshasa, Kolwezi, Lubumbashi and Bukavu, these Civil Society Organizations note that "the management of Cominière SA must stop blocking Manono's development and undermining the presidential energy policy and the development of 145 territories by multiplying strategies to block Dathcom Mining".

From the outset, these Civil Society Organizations specialized in natural resources issues say they note "agitation and maneuvers on the part of certain administrative and judicial government services as well as Cominière SA in order to freeze the notification of the Operating Permit of Dathcom Mining SA and communicate to it the total amount of surface rights due to the State; this constitutes serious damage not only for the Congolese party of this mineral prized in the manufacture of electric batteries essential in the fight against global warming against which the DRC is positioning itself as a solution country for the global energy transition".

They base their conviction on documented investigations with the ministry that manages electricity in the Democratic Republic of Congo.

"Taking into account these known facts of the Cominière SA Directorate and the string shooters to be identified", these Organizations "eviously and patriotic" recommend that the country's authorities do everything possible to remove all the locks that block the effective start of the Manono lithium project.

Especially to the President of the Republic, these Organizations are waiting to see him: "ensure that the climate of trust prevails among the shareholders of Dathcom Mining SA so that operating operations begin urgently; give orders to the state services for Dathcom Mining SA to be notified and that the 10% of the State's share is effectively recorded in the register of the mining Cadastre in accordance institutions and cabinets at the national level and in the provinces with direct or indirect interests with this state company". Completeness of their press release.
Eco news




21/11/2022
DRC: La Cominière in the sights of the 12 NGOs


Denise Maheho
November 21, 2022
news,Headlines,Mines

A dozen national organizations accuse the public company Cominière S A of blocking the Manono Lithium project. Indeed, to start the exploitation of this strategic ore, there is a prerequisite, it is access to electrical energy. However, discussions about the rehabilitation of the Mpyana Mwanga hydroelectric plants seem to be skating.

In a statement published on November 20, 12 civil society organizations return to the chronology of the facts that illustrate this blockage. Since colonial times, the Manono territory has housed two hydroelectric dams belonging to Cominière SA to this day. This is Mpyana Mwanga I and II located 87 km from the center of Manono. However, these dams require rehabilitation because they were destroyed during the 1997-1998 war.

Because the restoration of electrical energy in Manono is an imperative for the exploitation of Lithium by AVZ Mineral.

Discussions at a standstill

As a result, AVZ POWER SAU, another Australian company, in June 2019 expressed its interest in a hydroelectric development project at the Mpiana-Mwanga site. This was followed not only by several correspondence exchanges with the Congolese State but also field missions. A technical coordination committee has even been created, one of whose members is the representative of the Cominière.

Then, on January 13, 2020, the DRC signed a Memorandum of Understanding with the company AVZ POWER SAU. This concerned the rehabilitation of the Mpiana-Mwanga I and II hydroelectric plants. And in March 2020, AVZ POWER SAU sent the Ministry of Hydraulic Resources the feasibility study of the Mpiana-Mwanga hydroelectric power plant. In addition, the company continued with studies and downsings on the ground that led to the approval of the feasibility study in April 2021.

In addition, the file is taking another turn in 2022. Cominiere SA, owner of the Mpyana Mwanga power plants, is launching a call for tenders. According to civil society organizations, this public company claims that the so-called central plants are abandoned. A Chinese company Zijin would even be selected to carry out rehabilitation work. A situation that creates confusion and blocks the progress of the Lithium mining project deplores NGOs. They are thus asking the government to restore order and respect its commitments to AVZ POWER.

 
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The DRC Corrupt Dirty Dozen whose lies are undermining the President of the DRC

Here they are again

Simon Cong (Cong Mao Huai)
- Billionaire Chinese Businessman
- Owner of Dathomir

Chen Jinghe
- Executive Director of Zigin Mining

Jean Michel Sama Lukonde Kyenge
- DRC Prime Minister

Adele Kahinda Mayina
- DRC Minister of Portfolio

Guy Loando Mboyo
- DRC Minister of Regional Planning

Jean Felix Mupande Kapwa
- DRC Director General of CAMI

Athanase Mwamba Misao
- DRC MD / CEO of Cominiere

Zoe Kabila Mwanza Mbala
- Joseph Kabila’s brother

Dan Gertler
- Israeli Billionaire Businessman

Vidiye Tshimanga
- Former DRC Presidential Advisor

Klaus Eckof
- AJN Resources

Eric Allard
- Tantalex Resources
 
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08/11/2022


Lithium Manono in stagnation, after granting the operating permit to AVZ, the Congolese government rejects the Australians in favor of the COMINIERE
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"According to the Minister, the shares in Manono lithium are; AVZ has 60%, Dathomir 15%, Cominiere 25% of which 15% sold to Zijing 5% to MMCS"
NEWSECONOMYPROVINCES

Lithium Manono in stagnation, after granting the operating permit to AVZ, the Congolese government rejects the Australians in favor of the COMINIERE​

November 8, 2022
Kiki Kienge

By Kiki Kienge
"I will put the Cominiere back in its rights, my fight is to defend the interests of the State at the crosses of this company that is a company in the portfolio.

For Minister Adèle Kayinda, the creation of the Dathcom company is nebulous and made to maintain on purpose against the Cominiere; Sometimes AVZ presents itself as AVZ Mineral and sometimes AVZ International...

Now it has become a series of Novellas, the exploitation of lithium in Tanganyka in Manono. Which delays, delays and still delays when the price of lithium is at its maximum in international markets.

The Congolese state loses money, the population the time for the expected hirings and investors get angry, certainly not a good advertisement for investments in the Democratic Republic of Congo.

As a reminder, Dathcom/AVZ after the feasibility study of the largest discovered rock lithium deposit in the world and the millions of US dollars invested, in collaboration with the COMINIERE (Congolese state company) and Dathmor, Avz had filed with the Congolese Ministry of guardianship, the change of the search permit to operating permits as required by Congolese law.

In the genesis of the case, Cominiere and Dathomir in their company Dathcom SA 30%/70% respectively, had sold 60% of their shares in Manono lithium to AVZ, in exchange Dathomir of the Chinese Cong had 13% shares in AVZ Minerals. After these transactions in Manono lithium, the Cominiere owned 25%, AVZ MINERALS 60% and Dathomir 15%.

Following other transactions that the Congolese government is rejecting today, but that the IGF (General Inspectorate of Finance) had deemed legal in its investigations, Dathomir then sold 15% to AVZ, which now owned 75% of Manono lithium.

The Congolese government had given its agreement to the transformation of the AVZ search permit into an operating permit, something that has been blocked for more than six months by the CAMI (Cadastre Minier), the AVZ accuses in particular the director of the CAMI, Jean-Félix Mupande of being the author of the block.
Now things are getting even more complicated for the Australians of AVZ Minerals, the Congolese government approves the new licence applications (Gold and lithium) of Congo Resources UAA, a company composed of Canadians from AJN Resources Inc and DR Congo, in accordance with the memorandum of understanding signed with the Democratic Republic of Congo that would include part of Dathcom (AVZ).

Following the stagnation of the situation of the Manono lithium case, which is continuing, elected officials from Tanganyika and Haut-Lomami went to the Minister of the portfolio, Adèle Kayinda, for her the Joint Venture of AVZ Australians with Cominiere does not give its real legal name, she continues to define the current shares of the Manono lithium project as a
"AVZ international would thus own 60% and not 75%, Dathomir 15% and the Cominiere 25% of which 15% were sold to the Chinese of Zijing, and 5% to MMCS.AVZ International is thus deprived of 15% that it would have acquired from the Cominiere. ”

In particular, the Minister questioned the Mpiana Mwanga hydroelectric power plant, when she believes is a heritage of the Congolese State via the COMINIERE. AVZ has signed a memorandum of understanding with the Ministry of Energy for the rehabilitation of the said plant by zapping the owner COMINIERE.

The concern of the deputies was the beginning of the delayed lithium operation and the installation of the battery manufacturing plant in Haut-Lomami or Tanganyika as well as in Haut Katanga or Lualaba.

The question would be whether the Minister of the Portfolio rejects 15% of AVZ International's shares;
  1. Who in the Cominiere had sold his shares?
  2. Where would the money have gone?
  3. Who from the power of Kinshasa had given the agreement?
  4. Who must be condemned by the Congolese, is it the poor people who still have to pay the bill?
  5. If AVZ goes to court against the new decision of the Congolese government, wouldn't the Manono lithium project take years to start mining the ore?
 
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11/11/2022


10 points to understand the problems of the current reality of Manonolithium between AVZ, Cominiere, Zijing and Dathomir
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NEWSECONOMY

10 points to understand the problems of the current reality of Manonolithium between AVZ, Cominiere, Zijing and Dathomir​

November 11, 2022
Kiki Kienge

By Kiki Kienge
As a reminder, AVZ did not make any financial transactions with the Congolese government for the 15%, but with Dathcomir, it was the Zijing Chinese who bargained the 15% of the Congolese state with the COMINIERE. Because then why punish AVZ and sanctify Zijing and the COMINIERE?
  1. Dathomir sold its 15% of Dathcom at $AVZ paid at a fair price according to the market and cashed by Mr. Cong, as on the chart. Today the same Mr. Cong is retracting on the price.
  2. Zijing fraudulently bought 15% of the COMINIERE according to the IGF.
  3. Zijin had renounced the 15% at the expense of the DRC despite the "judgment" of the Lubumbashi court.
  4. COMINIERE and AVZ Power SASU have signed a contract for the rehabilitation of the Mpiana Mwanga I and II hydroelectric power plant, whose work must begin as soon as the operating permit is obtained.
  5. AVZ has already spent more than US$100,000,000 on achievements in Manono.
  6. The AVZ feasibility study had been sent according to the agreements to the COMINIERE via email and accepted by the latter, who had even given its OK to the study.
  7. Who from the government and the COMINIERE sold the 15% to Zijing against Congolese law?
  8. AVZ bought its 15% from Dathomir and not from the Congolese state.
  9. It is Zijing who must reimburse the 15% stolen from the COMINIER (according to the IGF) to the Congolese State, not AVZ.
  10. Why does the Minister of the Portfolio give the 15% to Zijing when the Presidency of the Republic through the IGF condemns this transaction?
At this point and according to the above data, the shares of Dathcom (Manono lithium) would be as a follow-up;
  • AVZ: 60+15(Dathomir) = 75%
  • COMINIERE: 5+ 15&5% Zijing/MMCS (illegal according to the IGF) = 25%.

Two negative consequences of this situation for the Democratic Republic of Congo:
  1. A negative image for investors on the international market.
  2. Delay in the start of lithium exploitation, a lack of employment and development for the province of Tanganyika, loss of millions of dollars for the Congolese state.
 
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22/11/2022


Manono Lithium: Cacophony of the Cominiere and silence of the government around the rehabilitation of the hydroelectric power plants of Mpyana Mwanga l and II
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NEWSECONOMY

Manono Lithium: Cacophony of the Cominiere and silence of the government around the rehabilitation of the hydroelectric power plants of Mpyana Mwanga l and II​

November 22, 2022
Kiki Kienge

This confusion created around the rehabilitation of the hydroelectric power plants in Mpyana Mwanga I and II, may still delay the start of the production of the luteum in Manono in the province of Tanganyka.

Currently, the start of lithium operation has not yet begun following the blocking by the CAMI (Cadastre Minerar) and its director, Félix Mupande, of the operating permit already awarded by the Ministry of Mines to AVZ Minerals. Recall that this delay Today causes the Australian company, AVZ Minerals to lose more than US$1 million a day and more than US$300 thousand to the Congolese State.

Rehabilitation of power plants by AVZ POWER SAU

On January 13, 2020, the Government of the Democratic Republic of Congo, through the Ministry of Water Resources and Electricity, to sign a memorandum of understanding with AVZ POWER SAU to rehabilitate the Mpyana Mwanga I and II hydroelectric plants.

The rehabilitation of Mpyana Mwanga hydroelectric plants I and II must be used to provide electrical energy to the AVZ Minerals lithium operating plant, public and private schools, Congolese Eata hospitals and facilities.

From September 15, 2020, a delegation of technical agents went to Manono for a technical and environmental evaluation of the Piana Mwanga l and II plants, under reference RHE/4/SG/0/1322/G9/ALS/2020, it was composed of companies; Congo Energy SA, Blue Phoenix, Stucky, CREC 8, International Montage Maintenance SA, Zest Weg Group, Groupe Ltd and Tramico SARL.

On October 30, 2020, the expert mission sent its report to the Minister of Water Resources and Electricity.

On January 29, 2021, the Minister of Hydraulic Resources and Electricity signed a Ministerial Decree establishing a technical committee to monitor the rehabilitation project for the Mpiana-Mwanga I and II hydroelectric power plants with reference No.129/CAB/MIN/RHE/EMM/2021.

On the same day, January 29, the Minister signed another Ministerial Decree No.130/CAB/MIN/RHE/EMM/2021 appointing the members of the Monitoring Committee for the rehabilitation project for the Mpiana-Mwanga I and II hydroelectric power plants by AVZ POWER SASU.

As a reminder, in this monitoring committee sits a representative or delegate of the Cominière SA company of the Congolese State, who therefore represents the government in the rehabilitation of the hydroelectric power plants of Mpiana-Mwanga I and II.

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Why is the COMINIERE retracting?
In September of this year, the COMINIERE is launching a call for tenders on the grounds that the Mpiana-Mwanga I and II hydroelectric plants would be abandoned. When she had already signed a rehabilitation agreement with AVZ POWER SAU approved even by the Minister of Water Resources and Electricity.

We are talking about the Chinese group, Zijin, which would have won the tender for the rehabilitation of the Mpiana-Mwanga I and II hydroelectric power plant. The same group that claims to have bought 15% of Dathcom's shares in the COMINIERE, something that the presidency in the IGF (General Inspectorate of Finance) investigation had considered fraudulent and almost zero, because the Congolese state had lost millions of US dollars in this Deal between the Zijing Chinese and the COMINIERE.

But here are the organizations and platforms of civil society in DR Congo monitoring the country's human rights and natural resources sector, challenge the Head of State Félix Tshisekedi and the government of the manipulations of the COMINIERE and the silence of the ministers of the portfolio, Mines and hydraulic resources and electricity who will cause the Congolese State to lose millions of dollars and delay the exploitation
"Our organizations remind Your Excellency that the Government of the Republic has signed a memorandum of understanding with AVZ POWER SAU, signed by your Ministry on January 13, 2020, to rehabilitate the plants concerned in compliance with the country's laws and international standards in the sector in order to provide energy to Dathcom Mining SA for its mining operations as well as to public and private schools and hospitals (health This vision of things is part of the development policy of His Excellency Félix-Antoine Tshisekedi Tshilombo, President of the Republic and Head of State, to electrify our villages and cities through public-private partnerships. The Cominière SA has a representative who sits on the Technical Committee to Monitor the implementation of the said memorandum of understanding. For our signatory citizen organizations, signed by Franck Fwamba.

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26/11/2022


Manono: Lithium Gate?
Arrest of the DG of the COMINIERE for illegal sale of 15% of the shares to the Chinese of Zijin, US$116 million in loss.
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MANONO GATE!
NEWSECONOMY

Manono: Lithium Gate? Arrest of the DG of the COMINIERE for illegal sale of 15% of the shares to the Chinese of Zijin, US$116 million in loss.​

November 26, 2022
Kiki Kienge

With this action by the Congolese justice system, is this the beginning of the release in the exploitation of Manono lithium by AVZ Minerals?

It is on the basis of a report by the IGF (General Inspectorate of Finance) filed at the Court of Appeal of Gombe since April 21, 2022, that the Attorney General of Kinshasa ordered the arrest of the Director General and Technical Director of COMINIERE S.A, Athanase Mwamba andCélestin Kibeya.

This even confirmed by the ACAAJ (Congolese Association for Access to Justice) in a Tweet;

"The Prosecutor General of Kinshasa/Gombe has just ordered the arrest of Chief Executive Officer and Technical Director of the public company COMINIERE S.A. He criticizes them for the "mismanagement" of funds resulting from the sale of 15% of shares to a Chinese company. ”

The IGF report concluded in a fraudulent sale of 15% of the shares of the Congolese State to the Chinese company Zijin, the Cominiere had sold to the Chinese of Zijing at US$33,440 million precisely shares worth US$150 million, a loss of US$ 1166,560,000 million for the Congolese State funds;

"The transfer of the 15% of COMINIERE's shares in DATHCOM Mining to ZIJIN Mining was carried out in violation of the legal provisions on the disengagement of the State from the Portfolio companies (...)"
At this point according to the IGF report which considers 15% sales to Zijing and 5% to MMS illegal, AVZ would own 75% (with 15% of Dathomir) of the shares in Datcom and the Congolese State 25%.
In genesis in the operation of lithium in Manono, there was the joint venture company between the COMINIERE and DATHOMIR of the Chinese Simon Cong owner of the Kempinski hotel river in Kinshasa, which gave birth to DATHCOM, with 30% respectively to the Congolese State and 70% for the Chinese. Australians of AVZ Minerals will buy 60% of its shares in Dathcom and will obtain 5% surplus from the Congolese state for social achievements, such as the construction of roads, schools, hospitals...

After AVZ Minerals following an agreement with Dathomir came into possession of the 15% of the Chinese company Simon Cong, but after the filing of the operating license and the increase in the price of AVZ Minerals shares on the stock exchange, Simon Cong returns to his signing of the sales contract with AVZ Minerals and wants to regain possession of the 15%.

5 years after the Cominiere through its general manager, accuses AVZ Minerals of having achieved nothing in Manono and sells "illegally" to the detriment of the Congolese State 15% of its shares to the Chinese company Zijing, which wants at all costs to enter the exploitation of lithium in Manono;

"The sale of the 15% to the Zijing Group," based on the assessments made in the feasibility study, caused a significant shortfall for the Treasury valued at $11,56,5060,000. It was a real sale of the state's mining heritage for which you assume responsibility." IGF report.
The Chinese company, Zijing, had in particular recognized the illegal sale and decided to refund the 15% to the Congolese State without claiming anything in return, as this video shows;

The IGF report points in particular to the sale of 5% of the COMINIERE shares in DATHCOM to MMS;

"The alleged gracious and provisional transfer of 5% of the shares of the COMINIERE in DATHCOM Mining to DATHOMIR Mining SARL, but as regards the transfer contract, was final and irrevocable without the proceeds from the transfer being traced to the COMINIERE. ”
According to a source, many names appear in the IGF report, in particular of some political and institutional personalities, with the arrest of the two directors of the Cominiere, it would only be the beginning of Manono Gate
 
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Sammael

Regular​


28/11/2022

DRC: here is why civil society organizations specializing in mining issues are asking Tshisekedi to dismiss the minister from the portfolio
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INVESTIGATION

DRC: this is why civil society organizations specializing in mining issues are asking Tshisekedi to dismiss the portfolio minister​

Last updated: 2022/11/28 at 8:27
November 28, 2022

By Gilbert Ngonga
In a joint press release, Congolese civil society organizations and platforms specializing in mining issues (Justicia Asbl, LICOCO, RND Asbl, POM, MDR, GANVE, CDH, ESPOIR ONG, RCEN, CERN / CENCO, TPRDC, MAX IMPACT) , who have been monitoring the exploitation of natural resources in the Democratic Republic of Congo, ask the President of the Republic to dismiss the Minister of Portfolio of the Government of the Republic, for not having respected the vision of the Head of the State on the fight against anti-values in the companies of the Portfolio, and for having ignored the reports of the Superior Council of the Portfolio of 2021 and of the General Inspectorate of Finances of 2022 on COMINIERE SA by protecting agents accused of selling off,mismanagement of state assets and incompetence for reasons to be given to justice.

These organizations also ask Félix Tshisekedi to kindly change the General Directorate of the Mining Cadastre in office for more than ten years and whose management of the register of State mining assets has been increasingly contested by several people since years.

Furthermore, they call on the President of the Republic to ensure that no interference or political pressure is exerted on the justice system regarding this case (COMMINIERE SA) which, according to these organizations, should serve as an example to all other officials of the portfolio companies.

To this end, these civil society organizations are asking the Prime Minister, Jean Michel Sama Lukonde, to urgently propose new competent and patriotic agents, for appointment by Félix Tshisekedi at COMINIERE SA "to replace those who failed to protect the interests of the State and those of the population, including that of Manono and Malemba Nkulu. »

 
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DRC General Inspectorate of Finance’s findings against Cominiere and Dathomir

AVZ Minerals Limited (ASX: AVZ) (AVZ or Company) notes that on 30 November 2022, the Democratic Republic of Congo’s (DRC) General Inspectorate of Finance released its report on the management of mining assets in the DRC by La Congolaise d’Exploitation Minière (Cominière) (IGF Report). A copy of the IGF Report is publicly available via https://igf.gouv.cd/rapports.

An English translation of the IGF report is published on AVZ’s website.

The DRC General Inspectorate of Finance had been authorised to investigate the following matters:

• whether Cominière’s purported sale of its 15% interest in the issued shares Dathcom Mining SA (Dathcom) to Jin Cheng Mining (Jin Cheng Sale) was proper and appropriate;

• any liability in connection with the Jin Cheng Sale;

• the legality of Cominière’s and Dathomir’s other recent conduct.
By way of summary, the IGF Report includes the following conclusions reached by the DRC General Inspectorate of Finance:

• Cominière has acted in violation of its articles of association in respect of its transfers of mining titles to “external partners” without obtaining financial guarantees;

• Cominière has acted contrary to the DRC Mining Code in respect of its transfers of mining licences without such transfer having undergone the required prior assessment by a competent DRC governmental authority;

• the Jin Cheng Sale was subject to a number of irregularities including the failure to select the Government’s technical body for the valuation of the 15% interest the subject of the Jin Cheng Sale, and the failure to consider the definitive feasibility study valuation completed in respect of the Manono Project;

• Cominière had inappropriately allocated ~USD6,800,000 out of the total USD33,440,000 in proceeds from the purported Jin Cheng Sale for operating needs (including for commissions, fees and exceptional remunerations of all those who would have otherwise contributed to the operation) to the detriment of productive investments;

ASX ANNOUNCEMENT
6 December 2022
AVZ Minerals Limited
Level 2, 1 Walker Street West Perth, WA 6005 Australia
T: + 61 8 6117 9397 F: +61861182106 E: admin@avzminerals.com.au W: www.avzminerals.com.au
ABN 81 125 176 703
Directors
Non-Executive Chairman: John Clarke Managing Director: Nigel Ferguson Technical Director: Graeme Johnston Non-Executive Director: Rhett Brans
ASX Code: AVZ OTC Code : AZZVF

• Dathomir failed to comply with its obligations under the incorporated joint venture agreement in respect of Dathcom Mining SA (Dathcom) dated 27 January 2017, as amended from time to time (Dathcom JVA); and

• Dathcom allegedly transferred mining exploration permits 12436, 12449 and 12450 illegally to third parties.
In response to the findings of the DRC General Inspectorate of Finance, AVZ confirms:

• AVZ acquired valid and legal title to the 60% of shares issued in Dathcom, including, for the avoidance of doubt, as a consequence of the waiver of any rights of Cominiere and Dathomir under the Dathcom JVA by virtue of their entry into that same agreement;

• following AVZ’s acquisition of its initial 60% of shares issued in Dathcom, AVZ performed the funding obligations under the Dathcom JVA; and

• neither it nor any of its representatives had any involvement in, nor any prior knowledge of, the transfers of mining exploration permits 12436, 12449 and/or 12450 to any third party.

AVZ further confirms that it is continuing to cooperate with all competent DRC governmental authorities regarding the findings within the IGF Report.

This announcement was authorised for release by the board of directors of AVZ Minerals Limited. For further information, visit www.avzminerals.com.au or contact:

Mr. Jan de Jager or Mr. Ben Cohen
Joint Company Secretary
AVZ Minerals Limited
Phone: +61 8 6117 9397
Email: admin@avzminerals.com.au
Media Enquiries:
Mr. Peter Harris
Peter Harris & Associates Phone: +61 (0) 412 124 833
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The publication of the report of the mission conducted by the General Inspectorate of Finance (IGF) around the sale of the shares of the company in the State Portfolio, the COMINIERE, to Zijin Mining Group Company, or 15% of its shares in the DATHCOM joint venture, raises many questions. To date, not all parties involved in this case speak the same language.

If the Minister of State for the Portfolio, Adèle Kayinda, says urbi and orbi that the sale of 15% of La COMINIERE's shares to Zijin took place in all regularity and at a "reasonable price", or $33,440,000, to the IGF, it is rather stated otherwise, estimating, in her report that there is a sale

Moreover, the IGF openly accuses the Minister of State in charge of the Portfolio of having covered by giving her consent to this transfer. This is confirmed by his letter dated September 2021 and addressed to the Chairman of the Acting Board of Directors of La COMINIERE.

Long before, the Minister of State for the Portfolio stated, in this letter (see facsimile), to have authorized this transaction between La COMINIERE and Zijin provided that "AVZ Minerals, one of the shareholders in DATHCOM, made prevail (of pre-emption ) without indicating whether he accepted the purchase price proposed by Zijin by the COMINIERE". At Civil Society, it is estimated that the incarceration of the Director General ai and the Technical Director of La COMINIERE is an opportunity to shed light on this transfer of shares. It is also time, she thinks, to establish responsibilities and bring the culprits to justice. Eco news

A statement rejected by AVZ which claims, according to information crossed by Econews, that it was rather excluded from this transaction. Its internal sources report that everything was negotiated at the Ministry of the Portfolio, without involving AVZ, yet a majority shareholder in DATHCOM.

Still, on the sidelines of the publication in Kinshasa of the agreement signed last February between the DRC and the Ventora Group of Israeli Dan Gertler, the Minister of Finance and the Deputy Chief of Staff of EcoFin of the President of the Republic, André Wameso, reassured the Civil Society Organizations (ACAJ, CERN CENCO, RND, TOUCHE PAS A MON COB
"Trust us and be calm," said Finance Minister Nicolas Kazadi, in the presence of Jules Alingete, head of the IGF, and prosecutor Kisula of CENAREF (National Financial Intelligence Cell).

08/12/2022


Manono lithium/tin: AVZ Minerals in international judicial crusade against Dathomir and confirms its 75% in Dathcom​

December 8, 2022
Kiki Kienge

Since the arrest of the general and technical director of the Cominier (mining company of the Congolese State) by the Congolese justice system, following the report of the IGF (General Inspectorate of Finance) which gave the mismanagement and the sale of 15% (US$33 million than the 150 million of its real value) of the shares of the Congolese company (Cominiere) to the Chinese

As a reminder, the Australian company AVZ Minerals, had made an agreement to purchase 15% of the shares in Dathcom (joint venture of the Cominiere and other companies) of Dathomir of the Chinese Somon Congo and the donation of the Cominiere of 5% (at $0) of its shares to the Mauritian Anonymous company, MMCS. After accepting and signing the agreement, Dathomir returned to its signature claiming a higher amount than in the agreement with AVZ Minerals, following the increase in the value of lithium and society in international exchanges, after AVZ Minerals published the results of the lithium research permit in Tanganyka. Research that would have cost the Australian company more than US$75 million.

Avz Minerals already owns 60% of the shares in Dathcom, with the 15% "stow bought" from Dathomir, Avz now owns 75% of Manono's lithium and tin project. Something that Dathomir is challenging today, who wants to enter the project with "it its 15%".

It was on December 8 that the Perth company issued a statement on its decision on its judicial crusade before the International Chamber of Commerce to affirm its interests in the Manono lithium and tin project.

Read the AVZ Minerals press release translated into French from English by our editorial staff:

"On December 1, 2022, he (AVZ) filed the first of the two International Arbitration Chambers of Commerce (CCI) against Dathomir Mining Resources SARL and plans to file the second arbitration shortly.
The purpose of Dathomir arbitrations is to seek a declaration confirming the legal title of the 15% stake in the Manono project acquired in the context of signing and completing sales and purchase contracts with Dathomir, (...) these agreements under which AVZI acquired participations of 10% and 5%, respectively, in Dathcom Mining SA.
Context of Dathomir arbitrations
In 2019 and 2020, AVZ, AVZI and Dathomir entered into two separate commitments from Dathomir's sales contracts and the purchase by AVZI of 15% of Dathcom's shares; the company through which the Manono Lithium and Tin project (Hando project) is held (ZPS Dathomir).

The letter did not cite any valid reason and did not terminate the letter (contracts) of the ZPS Dathomir.

AVZI duly completed each of the Dathomir ZPS in August 2021, including payment within the required time, and thus legally acquired 15% additional interest in Dathcom. Dathomir has since maintained its claims to have ended Dathomir's ZPS and has denied the validity of AVZI acquisitions under these agreements. Manifestations of this include the decisions of the DRC Tribunal mentioned in the Company's announcements of May 4, 2022, September 9, 2022 and October 20, 2022. However, since the two Dathomir ZPS contain, and are subject to arbitration agreements, that a constituted arbitral tribunal is competent to rule on Dathomir's claims. Before December 1, 2022, Dathomir had not initiated such an arbitration procedure.

AVZ and AVZI have initiated the first Dathomir arbitration and will bring the second Dathomir arbitration, to confirm AVZI's acquisition in August 2021 of the 15% stake in Dathcom, to end Dathomir once and for all and cover the losses suffered against them.

In the context of Cominière's 25% stake in the Manono project, the Congolese Mining Operations holds 25% of Dathcom's capital. The shareholders of Dathcom (i.e. Cominière and AVZI) are parties to a joint venture agreement dated January 27, 2017 and its subsequent amendments, as such benefit from a right of pre-emption, the proposed transfers of Dathcom shares to third parties.

Under the laws of the Democratic Republic of the Congo (DRC), a transfer of shares made in violation of the right of pre-emption of this type is null and void.

The Company will seek to cancel any alleged transfer by the Cominière to a third party that contravenes the right to the first refusal of AZI.

75% participation of AVZ in the Manono project AVZ confirms that it retains the legal title of a 75% stake in the Manono project (Dathcom) and pre-emption rights, plus 15% of the 25% participation of the Cominière in the Project, noting that Cominière must assign 10% of its 25% stake in the Project to the Government of the DRC as a condition for the allocation of mining under the Dath

The Company considers that it has a good chance of success in the Dathomir and Jin Cheng arbitrations, CCI arbitration procedure and will vigorously pursue its claims for justification.

The publication of this announcement has been authorized by the board of directors of AVZ Minerals Limited. ”

"We have tried to remain faithful in the translation of English into French to the message of the AVZ Minerals press release, any error (if it had) is not voluntary and please accept our apologies in advance. The editorial staff of KongoPress.
 
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09/12/2022

Posted by @Sammael


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"The problem of La Cominiere is a group of incorrigible financial delinquents"

Lithium Manono: Alingete denounces a media campaign by "financial criminals" to cover up the embezzlement and sell-off of Cominiere shares in Zijin and MMCS​

December 9, 2022
Kiki Kienge

By Kiki Kienge
“From US$154 million, his incorrigible offenders sold US$33.4 million (…) they even embezzled them from the state coffers. »

The Manono lithium affair in Tanganyika has become TV news for many Congolese media and journalists, who have read their articles and investigations well, confuse the Cominiere conflict, the Congolese state and the Chinese group Zijin with the company AVZ Minerals which has nothing to do with the sale of 15% and 5% of Congolese state assets.

As a reminder, AVZ bought its 15% from the Dathomir group of the Chinese Simon Cong to have its current 75%, the report of the IGF (General Inspectorate of Finance) speaks of the embezzlement of 116 million $US on the sale of 15% of the Cominiere to the Chinese group, Zijin and 5% given at US$0 to MMCS.

This media amalgamation is not out of unconsciousness or ignorance of the case by its media and journalists, but a dark financial hand is hiding behind this campaign in order to create confusion in the Cominiere affair.

In short, the Congolese state lost $116 million in the sale with the endorsement and blessing of the portfolio ministry, as these documents show below, of the 15% of Cominiere to the Chinese of Zijin and 5% to $0 to MMCS.

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Zijin acknowledged the scheming and asked to reimburse without compensation, they even offered to leave Dathcom for another site, since they were aware of their fraud in the "purchase" of 15% of the Congolese State.

$AVZ has nothing to do with this fraud.
The IGF report speaks of Cominiere, Zijin and the portfolio ministry and not of AVZ Minerals, which is waiting for its exploitation permit to be blocked by the CEO of CAMI for some unknown reason.
Here is the message of the head of the IGF, Alingete translated into French by our editorial staff:

“It is necessary that you understand that we of the General Inspectorate of Finance (IGF), if we give you a report and that we publish it, you must believe since we are agents of the truth.

The problem of La Cominiere is a group of incorrigible financial offenders, while the head of state asks them to align themselves with the vision of good governance to give Congo a chance. Give the chance to the Congolese men and women so that tomorrow they can live in good conditions, this group of incorrigible financial delinquents open their eyes but do not want to see, they pull their ears like people who listen, but do not listen. Because in their hearts they always have plans to strike (embezzlement) against public finances.

The problem of the Cominiere is that its incorrigible financial delinquents have created a (mafia) group.

Know that lithium deposits, lithium is used for the manufacture of electric batteries, a deposit of the future.
They (the incorrigible financial offenders got together and sold the assets of the Congolese State in La Cominiere. Its assets were worth US$154 million, its incorrigible offenders sold it for US$33.4 million.

When people like that sell assets worth 154 million to 33.4 million, it means they have their stake in it. In addition to the US$33 million, instead of being used for the development of La Cominiere, they even diverted them from the state coffers.

Now if the inspectors discover their scheming and give them a public show, they begin to send their puppets (journalists and media), members of their families, their room boys to entertain on the television channels.
We must not follow them, we must only remember that they sold the assets of the Congolese State which had a value of 154 million $US to 33.4 million $US.
They sold those assets on September 21, 2021, only a year ago. Everyone can go see September 21, 2021 who was there and sold.

They speak, but do not know that Justice has already arrested those responsible for the Cominiere, while they are the intellectual and main authors that the others pay in prison.

You have to believe them, because it's the bone that gets stuck in their throat (…) they are real incorrigible financial bandits, we won't get tired, we won't let them go.

That's our job, the President of the Republic gave us this mission. »


“We have tried to remain faithful in the translation from Lingala into French to the message of Jules Alingete, any error of interpretation (if he would have) is voluntary and please accept our apologies in advance. » The editorial staff of KongoPress.
 
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Azzler

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Translate to english isn't working for me unfortunately, this interview looks interesting.
 
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