Corruption

[MoneyBags1348]

23/12/2022
Azzler Posted

Here's what my few marbles have put together from the postings from the last few days... tell me where I'm wrong.

Class action fishing line was thrown out by a company who werent really backing it, and was instigated by nevarious people, not holders.

No real interest from holders, so the nerfarions set up a dummy or stealthed company (Deeland) to buy enough AVZ shares so they they could then call themselves holders to opt in to get the class action law firm to begin the class action. And they have had to offer such a high price to get enough sellers.
Is any of that right?

 

[MoneyBags1348]

23/12/2022
JAG Posted

 

[MoneyBags1348]

23/12/2022
Hedrox Posted

This is from a German investor relating to the 0.98 Euro offer.....what a BS...last resort...I guess.

 

[MoneyBags1348]

23/12/2022
Carlos Posted

 

[MoneyBags1348]

23/12/2022
Rediah Posted

 

[MoneyBags1348]

25/12/2022
@Frank Posted

Lithium de Manono: the IGF comes to its senses and catches "AVZ" hand in the bag: "60% of shares acquired in violation of the JV Contract in 2016"

COMINIERE SA, as a partner in DATHCOM and a State portfolio company, seized the Ministry of Mines on the 6th of the current month, accusing AVZ of having renounced part of PR13359 in the name of Dathcom, and asked the Ministry of Mines the postponement of the decrees partially renouncing PE13359.

According to the analyzes of an international law firm specialized in the financial and mining sector, in addition to defending the rights of PR13359, Cominiere had denounced numerous violations and frauds of AVZ, whose Point 11 questioned the legality of the acquisition by AVZ of 60% of Dathcom shares, which would entail AVZ's loss of shareholder status.

“11. The terms of the transaction for the sale of 60% of the shares of DATHOMIR and AVZ Minerals were never communicated to 4 COMINIERE SA for it to exercise its right of pre-emption.

This is why it must be put back on the table to examine the conditions under which this transfer was made. Because article 9 of the JV contract and article 11 of the statutes of DATHCOM MINING SA have been violated. »

It is no coincidence that on November 30, 2022, IGF published a report in which he wrote: https://igf.gouv.cd/rapports

"The DATHOMIR Partner ... sell 60% of the shares to AVZ International in violation of the provisions of the joint venture contract in its article 16 point (f) relating to its commitments and according to which, it could not sell its shares before the production date”.

As a reminder, in October 2016, Dathomir (70%) and Cominiere (30%) formed the JV Dathcom Mining SAS. And then in November 2016, Dathomir transferred 60% shares to AVZ Minerals. However, Cominiere said that this 60% share transaction did not respect its right of preemption.

In accordance with Article 11.1 of Dathcom Mining SAS's 2016 JV Agreement, "Dathomir may not sell its shares before the date of commercial production"; and Article 11 of Dathcom Mining SAS's 2016 Articles of Association stipulates that "the transfer of shares to a third party gives the non-transferring Party a right of first refusal and that this transfer must inform the Shareholders' Meeting and the Board of 'administration for approval'.

Article 765 OHADA Uniform Act relating to the law of commercial companies and economic interest groupings stipulates, and continues to be supported by important case law, that "any transfer of shares in violation of the right of limitation, the right of approval by the shareholders' meeting or the board of directors and of the right of first refusal is null and void.

However, under Congolese laws, OHADA and Dathcom's JV Contract, Cominiere has the right to request the cancellation of the 60% share transaction between Dathomir and AVZ through arbitration or litigation, in compensating AVZ for investments through a third-party valuation. In the event that AVZ Minerals is unable to provide a written waiver of Cominiere's right of first refusal, this transaction will be canceled and therefore AVZ will cease to be a shareholder of Dathcom.

On November 07 and December 07, 2021, the Ministry of Portfolio held two press conferences to publicly accuse AVZ of violations and frauds that led to Dathcom's stagnation for more than 6 years, and to declare to "invest in the defense of the interests of the Congolese State, within the Cominiere".

AVZ has suspended trading on the ASX for 7 months, and according to ASX regulations, companies suspended for 18 months are automatically delisted.

Consequently, the new arbitration will have the effect of forcing AVZ to withdraw from the list.

Once delisted, AVZ will face a significant number of lawsuits and investment challenges from shareholders and unit holders.

Appears to be more spurious bullshit by desperate Cominiere and goes against what the IGF, our lawyers and our management have previously said…. Thanks for keeping us updated on the skullduggery Frank

 

[MoneyBags1348]

27/12/2022
From JAG

 

[MoneyBags1348]

27/12/2022
Bin59 Posted
The three companies maybe shown to be connected - Omni Bridgeway collaborate with Goldenstein law firm (who Deeland may have copied their text from)

Kooperationen - Kanzlei Goldenstein

www.goldenstein-kanzlei.de

More Info From Bin59

 

[MoneyBags1348]

29/12/3022

Very interesting to see Felix’s friendly disposition to Lukonde in the photo below

RDC : après le départ des pro Katumbi, Félix Tshisekedi charge Sama Lukonde d'évaluer dans le plus bref délai les actions et réalisations de chacun de membres du gouvernement

En dépit des succès engrangés au cours de cette année, le Président de la République Félix Tshisekedi a lors de sa communication à la réunion du conseil des ministres tenue ce mercredi 28 decembre 2022 demandé au premier ministre de réaliser dans

actualite.cd

DRC: after the departure of the Katumbi pro, Félix Tshisekedi instructs Sama Lukonde to evaluate the actions and achievements of each member of the government as soon as possible
Wednesday, December 28, 2022 - 21:18

Despite the successes achieved during this year, the President of the Republic Félix Tshisekedi, during his communication at the meeting of the Council of Ministers held on Wednesday, December 28, 2022, asked the Prime Minister to carry out as soon as possible an evaluation of the actions and achievements of each member of the government in accordance with their respective mission letters, so that at the last Council of Ministers in January

"This report should also identify the causes that did not achieve the expected results and propose corrective measures for better implementation of government actions during 2023," says Patrick Muyaya, government spokesman in the meeting report.

And to continue:

"In the same way with regard to his communications, the Secretary General of the Government has been instructed to urgently carry out in collaboration with the Office of the President of the Republic and under the supervision of the Prime Minister a work that summarizes sector by sector of all the instructions given in the Council of Ministers and to present a detailed report on the state of their executions by the last meeting of the

This communication by Félix Tshisekedi comes in a context where the current year will soon close but also in the middle of the departure of some members of the Government of the Republic. Chérubin Okende Minister of Transport Communication and Unveiling Routes, Véronique Nkulu Kilomba Deputy Minister of Public Health, Hygiene and Prevention, Christian Mwando Nsimba Kabulo, Minister of State, Minister of Plan have decided to leave the government of the Republic.

They justify their decision following the resolutions of the political party Together for the Republic, which decided to leave the government coalition at the end of its congress held in Lubumbashi, the capital of Upper Katanga province.

At the provincial level, another resignation is also reported in the government of Jacques Kyabula Katwe.

Moise Katumbi, president of the political party Together for the Republic leaves the sacred union of the nation, a political platform that supports Félix Tshisekedi.

Moise Katumbi justifies his decision by the fact that he will run in the next elections as a candidate for President of the Republic. According to him, the management of President Félix Tshisekedi is chaotic. Clément MUAMBA

acpcongo is under construction

acpcongo.com

Kinshasa, December 28, 2022 (ACP).- Four heavyweight ministers, from the "Together for the Republic" party, remain in the government of the Democratic Republic of Congo, despite the resignation of three of their presented on Wednesday to President Tshisekedi before the last Council of Ministers, the ACP learned of the Presidency.


29/12/2022
@Bin59 Posted

DRC: Three pro-Katumbi ministers throw in the towel, inevitable reshuffle​

What was to happen finally happened. Three pro-Katumbi ministers have just taken their freedom. Christian Mwando, Minister of State in charge of the Plan, Cherubin Okende, Minister of Transport, Communication Routes and Unveiling and Véronique Kulumba, Deputy Minister of Health, Hygiene and Prevention have chosen to remain faithful and loyal to their mentor, Moïse Katumbi, president of Ensemble pour la République; who, a few days ago, slammed the door The former governor of the ex-Katanga immediately declared himself a candidate for the 2023 presidential election; which was endorsed by the 1st party congress held in Lubumbashi last week.

It was Félix Tshisekedi who personally announced to the members of the government the departure of 3 pro-Katumbi ministers. This, thanks to the last meeting of the Council of Ministers, the 81st of its kind, held face-to-face, this Wednesday, December 28, 2022, at the Cité de l'Union Africaine.

Long before the Council of Ministers, the Head of State had received as an aside 5 members of the government from the Ensemble for the Republic of Moïse Katumbien presence of the Prime Minister.

It was a question for Félix Tshisekedi to know their commitment to his political line and vision after the positions of their political grouping.

As the co-founders of the Ensemble, the Minister of State for Plan Christian Mwando, Transport and Communication Routes Chérubin Okende and Deputy Minister of Health Véronique Kilumba, announced their intention to resign to remain consistent with their political background.

"At the end of this audience marked by respect and consideration, the 3 resignations left the City of the AU freely," said one source.

As for the other 3 former members of Ensemble, namely: the Deputy Prime Minister of Foreign Affairs, Christophe Lutundula, Ministers Modeste Mutinga and Muhindo Nzangi (absent from the country), they reiterated their "total support" for the Head of State and their membership of the Sacred Union.

After this voluntary departure of the Katumbist ministers, added to this the absence of the Minister of the Economy removed from office by a motion of mistrust by the national representation, the reshuffle of the Sama Lukonde team becomes inevitable. It is therefore the sway in the government and in the staffs of the member parties of the Sacred Union.

 

[MoneyBags1348]

29/12/2022

Edit - 30/12/2022
It’s looking like the information (below) on twitter yesterday turned out to be a whole lot of bullshit



CD Urgent

Imminent arrest of the Min@Adelekayinda01 and his Dircab pr diversion confirmed for the @IgfRdc

From $150M sale of state shares to COMINIERE.

Sale of Camp DUMEZ of the RVA Goma 10M$

Embezzlement of $45 million from AGEMI

$70M from IMD.
8:16 AM · Dec 29, 2022


Replying to @BetonDeLaRep_Cd

She was auditioned by the PG in her office for more than 5 hours, it should be noted that she acknowledged the facts.

A first woman in Africa who diverts public goods to this height.

@Presidence_RDC
@ALINGETEJULES_K
@KasongoKas
@Financesrdc
@Nskazadi
@Minportefeuille

@Steveboshibashi
Replying to
@BetonDeLaRep_Cd
@Adelekayinda01
@Replying to
@BetonDeLaRep_Cd
@Adelekayinda01
@IgfRdc

She is a candidate for president of the republic to report quickly to the Nobel Prize for strong support.

 

[MoneyBags1348]

30/12/2022
@Sammael Posted…. Thanks Sam



DRC: The reshuffle of the Government
@LukondeSama should allow @fatshi13
to get rid of the MINISTERS cited in the various CORRUPTION cases, INCOMPETENT MINISTERS and RESIGNATIONS to better face the elections in 2023. (Source: Presidency ground floor)

 

[MoneyBags1348]

30/12/2022

The following article implicates the MoM (Antoinette N’samba) as well as CAMI. To my knowledge Antoinette is clean and it is Jean Felix Mupande (DG of CAMI) who in collusion with Adele Kayinda (MoP) Athanase (DG of Cominiere) and Simon Cong (Dathomir) has been corrupt and who has refused to grant AVZ the ML for the full Manono tenement

https://mines.cd/corruption-a-ivanhoe-the-sentry-recommande-au-gouvernement-dauditer-le-ministere-des-mines-et-ladministration-du-cadastre-minier/

 

[MoneyBags1348]

30/12/2022
Link to Kiki Kienge of Kongo Press who provides extensive information on the DRC and AVZ situation

Kiki Kienge, auteur/autrice sur Kongo Presse

kongopress.com

 

[MoneyBags1348]

30/12/2022

This anti-corruption website might be a good addition to this thread…. This particular page on 29/12/2022 mentioned how Tshimanga recently got acquitted

https://www.occrp.org/en/daily/17209-dr-congo-acquits-former-presidential-adviser-tshimanga

 

[MoneyBags1348]

31/12/2022

JAG Posted

Carlos Posted

There isn't an offer by AVZ in 2021. AVZ originally made an offer in 2019 (when lithium price was much lower and pre DFS) for $15m USD. There are documents for that offer that have been posted here and on Twitter. But there are no public documents currently available for an AVZ offer in 2021 because it doesn't exist imo

Cominiere's argument is that they told AVZ about the offer from Zijin and AVZ said they wanted to buy the 15% but didn't indicate if they accepted the $33m USD purchase price within the 40 days time limit. Which is absolutely bonkers. Of course AVZ would have bought it for $33m USD. The key fact is the offer from Zijin was never shown to AVZ. Cominiere lied.

Sorry about the quality but this is from page 2 of AVZ's November 8th 2021 letter

For anyone that can't read the highlighted bit it says 'Neither Dathcom mining nor the shareholder AVZI received such notice and did not benefit from this right'. It's impossible to make an offer when you weren't aware the sale was happening. That's why Zijin are toast at the ICC imo

Legally AVZ still have the right to pay the $33m USD that Cominiere agreed to sell for but we will end up paying the $150m USD that the DFS values 15% of the project at imo

Shemozzle Posted

That point is interesting...Cominiere SA never consulted its partner AVZI but sent a letter to the parent company AVZ.
what was in the letter? an invitation to vote or just a information that they sold to zijin?

Perhaps this is the point the MoP criticized when she spoke about omniscient corporate structures. And maybe for her it was not clear in which situation she or cominiere have to deal with AVZ or AVZI.

Of course, we don't know when what exact happened and at what time, but to maintain a good working atmosphere with the partners. Is it really too much to hand over the letter from AVZ to AVZI for our management? if it was only for protection, of course, that's something else. But in the end cominiere have tried to consultate the partners, in which form who knows, but maybe the managment thought wrong company don't need to response. But thats a big maybe, because i can't know. But only in theory if cominiere made a first step I wonder if the management could have saved us from this bullshit if they had approached some things differently.

and I wonder where the extension of the cath deal is? But i don't think Mr. Pei visit AVZ to say to the management that he withdraw.

j.l Posted

This possibility that the ROFR debacle exists because the notice was sent to AVZ, not AVZI concerns me. If this is really AVZ's line of defence on the matter (ie we weren't told about Zijin offer) it speaks of hubris, laziness and complacency on management's part. I really hope there's more to our defence than that...

Carlos Posted

I'm really not sure where you two got the idea that the offer letter was sent to AVZ instead of AVZI. Or why that would matter. I highly recommend that you both brush up on how corporate ownership structures work.

Just in case anyone is still confused let me spell it out again. Cominiere didn't tell Dathcom / AVZI / AVZ or anyone else that they were selling the 15% to Zijin. They also took bribes from Zijin to do this. That's why the CEO and technical director of Cominiere were arrested.

Here is AVZ's full letter from November 8th 2021. Please read carefully before jumping to any more wild conclusions:

Shemozzle Posted

I have read it. And never said anything about in the letter was a offer. So please read my post carefully too!

At the end nigel clearly stated: Cominiere SA never consulted its partner AVZI but sent a letter to the parent company AVZ.

And my question is….what stands in the letter? Was it a invitation for the first speaking about a deal? Was it just the information that cominiere making a deal and sell it to zijin? Or was it just a bday gift card? nothing more.

And it’s a fact that the Minister of portfolio criticized in a letter that it’s confusing when to interact with avz or avzi. Nothing more again.

Like I said before I have no idea what was in the letter written by cominiere. And it’s only interesting when it was the first invite for a consultation of the jv partners to maybe discuss the zijin deal. And when cominiere get no response, it could be the trigger to continue discussions with zijin. But that’s just a theory, and it would only be interesting when it was a invitation before the zijin deal was done. I know they are dodgy as fuck but in the letter from nigel is no word about what stands in cominieres letter and which date got it.

like a prosecutor, i seek incriminating and exculpatory evidence for both sides. I don't think our management has done everything flawlessly in the past. whether it is just a lack of involvement in building a meaningful working relationship which could be a little part that brings us in that situation. So Please don't say things I've never said, like i did when you post anything. I’m very carefully in my words and when i have a feeling about someone’s thoughts but not sure if I interpreted it in the right way, I just ask again.

 

[MoneyBags1348]

31/12/2022 Continued Discussion

Carlos Posted
Sorry for misinterpreting what you meant

The AVZ letter clearly states 'Cominiere SA never shared the offer that Zijin mining made, via its subsidiary Jin Cheng Mining, for the 15% shares in Dathcom Mining with AVZI/AVZ. AVZ has only been made aware of the offer via the scandalous court order that has now been quashed and subsequently has not been able to exercise it's legal pre-emptive rights.'

The part about the letter being sent to AVZ instead of AVZI is regarding a letter sent by Cominiere notifying AVZ that they were going to sell to Zijin. So I was wrong about that too haha. But if the offer was sent to AVZ instead of AVZI it would have been sufficient imo. I forgot about the tweet below from Franck Fwamba where he explains exactly what happened.

Cominiere did inform AVZ of their intention to sell to Zijin but did not include the price. AVZ responded with a letter that they wanted to enforce their pre-emption right and asked what Zijin's offer price to Cominiere was. They followed up 2 days later via email reminding Cominiere of AVZ's first right of refusal and asked again what the price offered by Zijin is. AVZ never received a reply to either of those requests.

 

[MoneyBags1348]

31/12/2022
JAG Posted

 

[MoneyBags1348]

02/01/2023
Carlos Posted

The smaller percentage to CATL is to maintain control

Think back to when Zijin, the AFR and their lemmings on Twitter were all gloating that no one would have control. Do you really think they would do all their bullshit to get 15% just to have the awarding of the ML to Dathcom fall apart?

AVZ management have stated numerous times that ownership isn't the problem with getting the licence. It's 100% about Mupande and AJN's attempt to rat fuck us out of CDL.

Remember CAMI looked at ownership before deciding to approve the application as part of the favourable opinion process. Also the Minister of Mines wouldn't have awarded us the ML for RD that management initially accepted if ownership was an issue imo

From the AGM:

What happened after ML Decree, spurious yet we’re in suspension. What’s the main issue for ML – is it Dathomir, is Zijin ICC arbitration 15, dispute with exploration rights?

A: Lot of players in vogue here in country, lot of hatchet jobs being done – President had a bad view from being ill advised by detractors (e.g. we hadn’t done anything, didn’t have money experience, and were speculators). Detractors continuing, but slowly slowly we’re working to remove the blocks.

We knew Chinese would have a crack, but we did not expect parts of DRC government to be in on it?

A: Nor did we - “we thought it was gambit by Chinese groups to get project cheapest way. We weren’t aware it was also elements of the government complicit. We can’t go into it, but rest assured those people are being turned over within meetings with real information is being shared, and people put on the spot.

Collusion between all those 3 – namely Zijin, Jin Cheng, CAMI?

A: That would be astute thought

Issue that a portion of mines directorate said we hadn’t done the work on the northern tenement area, and shouldn’t get the north?

A: That’s not within the mining code. So 13359 should be retained in its entirety – however the northern area may need to come under a separate exploration tenement, even though that’s not the established process. – We know who’s behind this (e.g. DG CAMI)

What about AJN having a crack

A: “their premise is that we’ve returned the northern tenement to government. We haven’t. Draw a conclusion out of that”.

Interview NF mentioned once mentioned once decree issued 10 day period before Court could issue the licence. What happened?

A: This was a misunderstanding. As soon as your documentation was in order and issued, this talk of periods was regarding the ministerial decree. Other steps in way of ML – CAMI have held up the invoicing, illegally in our view.

 

[MoneyBags1348]

03/01/2023
Xerof Posted

This is all I could find on that site - offering EUR 0.96, dated 16 Dec

I note that so far NOT ONE of our German et al contributors have said they have taken this any further.

Anyone willing to share their experience if they have? whether sold or further enquired?

 

[Xerof]

Here's the latest one @MoneyBags1348