07/02/2023
Par Kiki Kienge Devons nous s’attendre à une nouvelle Saga judiciaire dans la téléNovelas sur le lithium de Manono ? À qui cela avantagerait, à la COMINIERE, aux Australiens d’AVZ Minerals,…
kongopress.com
Does the stoppage of the Ministry of Mines block the start of lithium exploitation condemning the development of Manono?
Does the stoppage of the Ministry of Mines block the start of lithium exploitation condemning the development of Manono?
February 7, 2023
Kiki Kienge
Should we expect a new Judicial Saga in the TeleNovelas on Manono's lithium? Who would benefit, the COMINIERE, the Australians of AVZ Minerals, the "Maurians" of MMCS or the Chinese of ZIJIN?
What is certain is the population of Manono and Tanganyika in particular, in general all the Congolese people who still have to take their pain in patience to see the effective exploitation of its lithium which should further boost the economy of this country of Lumumba.
With this ministerial judgment granted by the Minister of Mines of DR Congo, courts and tribunals may be the next Congolese lithium operating ground.
Ministerial judgment No. 00031 mine cases /01/2025 OF 28 JAN 2023, would in fact block the first Ministerial judgment No. 00145/CAB.MIN/MINES/01/2022 of 22 April 2022 granting the Operating Permit 13359 to DATHCOM MINING SA.
This is following an appeal by COMINIERE (La Congolaise d'exploitation minière) of December 07, 2022 (letter reference: CEM/DG/138/ckk/2022), which is in particular a shareholder in the joint venture DATHCOM MINING SA with 25% of the shares, 15% and 5% sold illegally (according to the IGF), respectively to the Chinese group Z
The COMINIERE in the letter of its appeal declares that it is aggrieved by its Australian partner AVZ Minerals, accusing it of a lack of harmony and cooperation, overbilling and advancing incorrect figures. In particular, to want to illegally take possession of the Mpiana Mwanga hydroelectric power plant, which is owned by COMINIERE... Moreover, COMINIERE considers the sale of 60% of DATHOMIR's shares to AVZ Minerals to be null and void for non-communication of information between shareholders under the joint venture contract.
Given the millions of US dollars already spent on the Manono project by AVZ Minerals, which speaks of more or less 100 million US dollars, this decision by the Minister of Mines, Antoinette N'samba Kalambayi only opens a judicial series that will only further delay the exploitation of lithium in Tanganyika, whose population of Manono is impatiently waiting for its development.
In its latest report, the global lithium giant AVZ Minerals for its part states and confirms:
- AVZ has confirmed and continued to defend its legal rights over a 75% stake in Dathcom Mining SA ("Dathcom Mining").
- His pre-emption rights on 15% of Cominière's 25% interest in the Manono project.
- AVZ highlights the report of the DRC General Inspectorate of Finance (IGF) on the mismanagement of mining assets in the DRC by the Congolese Mining Operations ("Cominiere").
In detail, here is the Ministerial Decree of January 28, 2023 of the Minister, Antoinette N'samba Kalambayi:
DEPARTMENTAL ARREST No. 00031 mine case /01/2025 OF 28 JAN 2023 REPORTING MIN RIEL ARREST NO. 00145/CAB.MIN/MINES/01/2022 GRANTING OPERATING PERMIT NO. 13359 TO DATHCOM MINING SA
THE MINISTER,
Having regard to the Constitution, as amended by Law No. 11/002 of 20 January 2011 revising
certain articles of the Constitution of the Democratic Republic of Congo of 18 February 2006, especially in its articles 93, 202 point 36 littera f and 203 point 16;
Having regard to Law No. 007/2002 of 11 July 2002 on the Mining Code, as amended and supplemented by Law No. 18/001 of 09 March 2018, especially in its Articles 10;
Having regard to Ordinance No. 22/002 of January 07, 2022 on the organization and operation of the
Government, modalities of collaboration between the President of the Republic and the Government as well as between the members of the Government;
Having regard to Ordinance No. 22/003 of 7 January 2022 fixing the powers of the Ministries, especially in its Article 1 B, point 35;
Having regard to Ordinance No. 21/012 of 12 April 2021 appointing Deputy Prime Ministers,
Ministers of State, Ministers, Deputy Ministers and Deputy Ministers;
Having regard to Decree No. 038/2003 of 26 March 2003 on the Mining Regulation, as amended and supplemented by Decree No. 18/024 of 08 June 2018;
Revised Ministerial Decree No. 00145/CAB.MIN/MINES/01/2022 of 22 April 2022 granting the Operating Permit 13359 to DATHCOM MINING SA; Considering the appeal of the Congolese mining company (COMINIERE), shareholder within DATHCOM MINING SA, formed by its reference letter CEM/DG/138/ckk/2022 of 07 December 2022; Considering that harmony and of the project, exacerbated by the signing of Ministerial Decree No. 00145/CAB.MIN/MINES/01/2022 of April 25, 2022, is likely to paralyze the exploitation of Lithium and prevent the State from channeling products from Operating Permit 13359;
Given the necessity and urgency,
Article 1:
Ministerial Decree No. 00145/CAB.MIN/MINES/01/2021 of 25 April 2022 granting Operating Permit No. 13359 to DATHCOM MINING SA is reported and cannot produce any effect.
Article 2:
The Secretary General for Mines and the Director General of the Mining Cadastre are responsible, each as far as he is concerned, for the execution of this Order, which enters into force on the date of its signature.
Done in Kinshasa, on 4 JAN 2023
Antoinette N’SAMBA KALAMBAYTI
econewsrdc.com
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and COMINIERE gives 5% to MMCS 
: AVZ 75%, ZIJIN 15%, #MMCS 5% and COMINIERE 5%.
