Corruption

14/02/2023

Constantin Garlas​

https://twitter.com/ConDino007
The role of the Ministry of Mines became more doubtful in the context of the division of license 13359 as well as the prolonged blocking of the issuance of the mining license, which she had already granted on the merits in may 2022.

miningreview.com
AVZ Minerals scores long-awaited Manono Project license
The DRC Minister of Mines has signed the ministerial decree to award the Mining License for the Manono Lithium and Tin Project to AVZ Minerals.

The facade fell when Dathcom’s ML was revoked last week. With a rationale completely outside DRC mining law, the ministry abused Dathcom's legal battles over the fraud & theft of Simon Cong's Dathomir, Cominière's Zijin & MMCS scandals as an opportunity to pillory Dathcom/$AVZ.

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https://twitter.com/ConDino007
$AVZ #Dathcom #Lithium #Tin
@fatshi13
@TinaSalama2
@ALINGETEJULES_K

Key points of the econewsrdc article:
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@MoneyBags1348 here is a summary of the letter from 7th Dec I found on twitter. Not sure if there is an actual copy floating around. @9cardomaha might have a copy.

In its request letter dated December 7, 2022 (reference letter: CEM/DG/138/ckk/2022), COMINIERE declares that it is being harmed by its Australian partner AVZ Minerals, accusing it of a lack of harmony and cooperation.

This letter was referenced in the recent decrees.

 
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14/02/2023
@Sammy_da_Smile Posted

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@MoneyBags1348 here is a summary of the letter from 7th Dec I found on twitter. Not sure if there is an actual copy floating around. @9cardomaha might have a copy.

In its request letter dated December 7, 2022 (reference letter: CEM/DG/138/ckk/2022), COMINIERE declares that it is being harmed by its Australian partner AVZ Minerals, accusing it of a lack of harmony and cooperation.

This letter was referenced in the recent decrees.


Thanks Sammy.... At this stage I'm just cutting and pasting all your information and probably won't have time to read it all because I want to spend some what's left of Valentine's Day with my better half 👍
 
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Thanks Sammy.... At this stage I'm just cutting and pasting all your information and probably won't have time to read it all because I want to spend some what's left of Valentine's Day with my better half 👍
All good enjoy mate! I will look back through this thread and see if you already have the letter.
 
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13/02/2023
From Above Post

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9cardomaha

Regular
@MoneyBags1348 here is a summary of the letter from 7th Dec I found on twitter. Not sure if there is an actual copy floating around. @9cardomaha might have a copy.

In its request letter dated December 7, 2022 (reference letter: CEM/DG/138/ckk/2022), COMINIERE declares that it is being harmed by its Australian partner AVZ Minerals, accusing it of a lack of harmony and cooperation.

This letter was referenced in the recent decrees.




This post has the full 5 pager. There's also additional content surrounding this:

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9cardomaha

Regular
Cominiere also submitted the following a few days later:

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This post has the full 5 pager. There's also additional content surrounding this:

View attachment 29536 View attachment 29537 View attachment 29538
Awesome thanks mate I thought i remembered seeing it! I got distracted and hadn't gone through the posts yet 👍
 
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14/02/2023

CHINESE MINING COMPANY
ZIGIN MINING PREVIOUSLY EXPOSED FOR HUMAN RIGHTS VIOLATIONS AND FRAUD…. NOW EXPOSED BLACKMAILING IN THE DRC TO GET A SLICE OF THE MANONO LITHIUM PROJECT


Cancellation of DATHCOM's lithium exploitation license in Manono: the black hand of Zijin and his accomplices unmasked​

February 13, 2023 TIGHANA MASIALA Comments offon Cancellation of DATHCOM's lithium exploitation license for Manono: the black hand of Zijin and his accomplices unmasked

As in 2009 when the Australian-Canadian First Quantum Minerals (FQM) was stripped of its mining rights in the former Katanga (Haut-Katanga and Lualaba) for the benefit of a third party, the Sama Lukonde Government, under the reign of Félix Tshisekedi and with the same leaders at the helm for more than fifteen years of the the people of Manono. Reason given by the Minister: "conflicts between shareholders" is not one of the reasons provided for by the country's mining law. After investigations, to DATH Majority shareholder of DATHCOM, everything is in place to break the Australian AVZ to the point of pushing it to abandon Manono's lithium project for which he is the only one to have produced a feasibility study worthy of the name, rated 4.5 on a scale of 5 by the illustrious mining expert, Raph Ngoy Mushila; which study served

We know a little more about the real reasons that pushed the Government, via the Minister of Mines who seems to be a simple executor of an illegal decision by the antipatriots and sappers of Félix Antoine Tshisekedi's mining vision, annulled, by its decree of January 28 , 2023, the Operating Permit No. 13359 relating to the Manono lithium project As in 2009 during the reign of Kabila, which drew from the Australian-Canadian First Quantum Minerals (FQM) all the mining rights it held on three flagship projects in Greater Katanga, namely Kinga-myambo Musonoi Tailings (KMT) that became Metalkol, Frontier Sprl and the Lonshi mine for the benefit of Dan Gertler's
In Kinshasa, everything is being done to push AVZ Minerals to give up its Manono project. In ambush, there is the Chinese Zijin Mining Company who pulls the strings, ready to put the package to recover Manono's project after its US $35 million, there would have been more if the security services investigate statements attributed to Cominiere's technical director, Kibeya, which circulate on social networks, for which the interim director general of La Cominière, M

It is therefore understandable why the Minister of Mines decided, on January 28, 2023, to cancel the EP granted in April 2022 to DATHCOM, in which AVZ Minerals is a majority shareholder.

Curiously, the Minister of Mines motivated her decision by "conflicts between shareholders". A situation that can never lead to the forfeiture of a mining right, under the mining legislation in force in the Democratic Republic of Congo.

Zijin's black hand
How and who does AVZ Minerals bother? Why has Kinshasa just withdrawn PE n°13359 from DATHCOM? So many questions that led Econews to take a closer look at this project proposed by the Chinese of Zijin. Through a cross-checking and investigation exercise, our editorial staff and partners came across a letter from Zijin to the General Directorate of the Congolese Mining Operations (Cominière SA) dated October 21, 2022.
The title of this correspondence (Cfr. extracts in facsimile), signed from the Chinese city of XIAMEN, is evocative.By this letter, signed by CHEN Jingne in his capacity as Chairman of the Board of Directors of ZijinMining Group CO. Ltd, this Chinese group accused by Lualaba NGOs for its abuses and violations of laws at Comus and Kamoa Copper presented to La Cominière its "partnership offer to advance Manono's lithium exploitation project". Better an order to close the deal on the $35 million issues.
From the outset, Zijin introduces his letter in these terms: "We are honored to send you this letter in relation to the subject line. As a multinational mining group, Zijin Mining Group Company Ldt (abbreviated "ZijinMining") focuses on the exploration and exploitation of gold, copper and other metal mineral resources as well as on the application and study of engineering technology, whose head office is located at No. 1 Zijin Avenue, Shanghang Commune, Longgyan City, Fujian Province, China. It is listed on both the Hong Kong Stock Exchange (Stock Code: 2899) and Shanghai (Stock Code: 601899) Service Center, Wickhamscay II, Road Town Tortola, VG 1110. JIN CHENG Mining Limited (abbreviated "JIN CHENG"), is a subsidiary of Zijin Mining, whose head office is located at the Vista Corporate Service Center, Wickhamscay II,Road Town Tortola, VG 1110.

The motivations of Zijin Mining
as a result, the Coordinated Statutes of DATHCOM, as amended by the resolutions of the General Assembly of November 20, 2021, have not yet been signed to date; Given that Zijin Mining, parent company of JIN CHENG, which is one of the shareholders of DA and in the operation of the Manono lithium project; Since the evaluation of the reserves in PR13359 was to Zi joint development of the Targeted Party between ZijinMining and COMINIERE". Given that Zijin Mining, parent company of JIN CHENG, which is one of the shareholders of DA and in the operation of the Manono lithium project; Since the evaluation of the reserves in PR13359 was made partially, during the transformation of the PR (Research Permit) into PE (Operating Permit), by the holder DATHCOM, who renounced the northeast part of the Given that Zijin Mining, parent company of JIN CHENG, which is one of the shareholders of DA and in the operation of the Manono lithium project; Since the evaluation of the reserves in PR13359 was made partially, during the transformation of the PR (Research Permit) into PE (Operating Permit), by the holder DATHCOM, who renounced the northeast part of the of COMINIERE confirmed to Zi joint development of the Targeted Party between ZijinMining and COMINIERE". who renounced the northeast part of the PR13359, which is the Targeted Part; Since the geologists of COMINIERE confirmed to Zi joint development of the Targeted Party between ZijinMining and COMINIERE".

In view of the above, Zijin Mining then submitted its offer - "This Offer" - in the following terms: "1. A joint venture agreement (the "Joint Venture Agreement") will be concluded between a designated subsidiary of ZijinMining and COMINIERE, according to which the parties will create a joint venture (the "Joint-Venture"), in which the Zijin Mining subsidiary will hold 71% of shares and COMINÎERE 29% shares".

This offer concerns the northern part of the Dathcom Mining SA Permit in Manono for which AVZ MInerals is the only partner of Cominière to have invested expertise and money in exploration and studies that have resulted in certifying the largest lithium deposit in the world while Cominière and its poor engineers at the head of the Technical Directorate could not imagine it.

Zijin is even more explicit: "After the creation of the Joint Venture, COMINIERE will assign the mining right on the Targeted Party legally held by it to the Joint Venture, free of any privilege, charge, claim, litigation and default. The research, development and operation of the Targeted Party will be carried out on behalf of the Joint Venture. On the date when COMINIERE transfers the mining right of the Targeted Party to the Joint Venture by completing all relevant procedures such as registration, registration and notarization, and the Joint Venture becomes the legal and effective holder of 100% of the rights and interests of the Targeted Party, J (the "Retrocession of 15% shares").

Finally, Zijin concludes his letter by noting that "to avoid any ambiguity, it should be specified that if COMINIERE fails to legally and effectively transfer the mining right of the Party in question to the Joint Venture, COMINIERE will not have the right to require JIN CHENG to retrocession of 15% of shares in DATHCOM, nor to renounce the payment it made for
In the event of acceptance of this Offer by COMINIERE, it must acknowledge receipt and sign on the signature page before the expiry of the Validity period. Otherwise, this Offer will be considered automatically lapsed, unless Zijin Mining decides otherwise".

This is where the investigators of the Court of Auditors, the internal security of the Presidency of the Republic of Jacques Tshibanda tshisekedi, the General Inspectorate of Finance of Jules Alingete Key and the National Intelligence Agency of Jean-Hervé Mbelu Biosha must further search the Cominière , the Ministry of Portfolio, the Ministry of Mines, the Mining Cadastre,

We understand everything as soon as there is a deal that exists between Zijin and La Cominière, millions of US dollars for illegally selling according to the IGM. On balance, the Cominière could never conclude such a contract without the approval of its double hierarchy, namely the bosses of the Ministry of the Portfolio and the Ministry of Mines. The pride of its Technical Director who is free despite the IGF Report demonstrates it. This clearly and clearly explains the order of the Minister of Mines who will not be able to legally defend her signature in front of a panel of independent investigators. However, there is already an arbitration trial on this same Mining Permit, it is as if the Cominière and those who push her (real citizens of the Republic of the unconscious of which Modeste Mutinga Mutuishayi'

In fact, the Government has decided, to please the Chinese Zijin, to withdraw what belongs by right to DATHCOM Mining SA where AVZ Minerals is a shareholder, as it was with First Quantum Minerals in 2009 under Joseph Kabila by Minister Kabwelulu, to entrust it partially or entirely in the new Joint Venture formed between Zijin Mining Company (71% of shares) and File to follow.

We therefore find ourselves with unbalanced shareholding, for the benefit of the Chinese who already dominate the cupro-cobaltifer sector in a wild way. This financial package demonstrates all the mafia that surrounds this case in which the investigations of the media and Ongs consortium working on the natural resources sector is certain to discover several corpses and skeletons in the closets of Congolese citizens who behave like mercenaries at the expense of the interests of the Republic. With these shameless practices, he is the President of the Republic who is stabbed in the back by crooked officials who undermine for prebends, as in the Mexican narcotic mafia, by imposing a kind of omerta on every voice that will denounce evil.

 
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14/02/2023
 
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The MoM didn't reference anything in the mining code as the reason for cancelling the old decrees. She cited the need for harmony and healthy cooperation within Dathcom which is described in the Dathcom Stakeholder Engagement Framework.

There doesn’t appear to be anything in the mining code relating to whether cancelling a decree using a section of a JV agreement as a reason is allowed or not but Section 1.1 of the Dathcom SEF or something similar in the Dathcom JV agreement is what she is talking about in the new decrees…. from Carlos

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15/02/2023
@Bin59 Posted



Cancellation of EP 13359: DATHCOM staff react to the decision of the Minister of Mines​

February 15, 2023 TIGHANA MASIALA 0
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Ms. Antoinette N'Samba Kalambayi, Minister of Mines

The cancellation of the Exploitation Permit (PE) granted in April 2022 to the mining company DATHCOM, which proposes to develop lithium in Manono, in the province of Tanganyika, has provoked a strong reaction from this company, since its HQ in Australia. It was Nigel Ferguson, presenting himself as the president of DATHCOM MINING SA, who was responsible for reframing the Minister of Mines, Antoinette N'Samba Kalambayi, pointing out serious irregularities in her decision. Here is the replica of DATHCOM. No comments.

To her Excellency the Minister of Mines of the DR Congo

Concerns: Acknowledgment of receipt of Ministerial Orders No. 00032/CAB.MIN/MINES/01/2023 of January 28, 2023 reporting that of April 07, 2022 taking note of the declaration of partial waiver of Exploration Permit No. 13359 by the company DATHCOM MINING SA and Ministerial Order n°00031/CAB.

MINES/MINES/ 01/2023 of January 28, 2023 relating to that of April 25, 2022 granting Exploitation Permit No. 13359 to the company DATHCOM MINING SA.
Excellence Madame la Ministre,

I.INTRODUCTION
  1. The company DATHCOM MINING SA acknowledges receipt in a state of shock and surprise your two Irregular Ministerial Orders in form and in substance while it was waiting to be notified on the calculation of surface rights that the Cadastre was in the process of carrying out Mining.
  2. DATHCOM fiercely opposes your approach that violated the relevant provisions of the Congolese Minier Code, which it intends to demonstrate in the following lines.
II. THE FACT OF THE PRINCE AND THE POLITICAL DIMENSION OF YOUR DECISION
  1. We feel like we are the victim of a political decision whose real etherious motivations we do not know.
  2. Your two ministerial orders show that all these facts are constitutive of the "prince facts" because, without any legal basis and are not based on the Mining Code as amended in 2018:
    4.1. The fact that you have responded to the request of the company "COMINIERE SA" which is not a holder of mining securities and therefore you create dangerous case law to receive the request from a shareholder whose acts are not allowed by the Mining Code but also whose status of Mr. Célestin KIBEYA is called into question because it is not appointed by "Presidential Ordinance" as required. Despite this irregularity, you nevertheless made these decisions that cannot survive in legal trade or produce its effects.
    4.2. The fact that you have based your two orders on issues of "conflicts between shareholders" that are not conflicts of your jurisdiction and therefore unknown reasons in the Congolese Mining Code as known to date.
III. ACQUIRED RIGHTS AND SURVIVAL OF THE GRANT DECISION NO. 00145/CAB.MINES/MINES/O1/2022 OF APRIL 25, 2022 GRANTING THE OPERATING PERMIT NO.133S9 TO THE COMPANY "DATHCOM MINING SA"
  1. The Democratic Republic of the Congo through its constitution dated February 18, 2006 as amended by Law No. 111/O02 of 20 January 2011 is a rule of law and therefore, your Excellency is subject to its own laws.
  2. One of the provisions you ignored in the two decrees is that the person you seized, in this case Mr. Célestin KIBEYA, had to have a "quality" based on the Presidential Ordinance appointing him out of respect for the principle of formal parallelism in place of Mr. Athanase Mwamba who has remained to date Director General ai In the eyes of the law. This reason makes your two orders irregular in the form.
  3. The reasons raised, in particular the conflicts between shareholders, are purely and simply unknown by the Mining Code, being a special law that derogates from common rights and requires strict application, the only reasons for which are in particular the "non-payment of surface rights" and "non-start of work", which is not the case here and allows us to affirm that the grant decision remains intact in the
  4. To return to the State, it is important to remember that your aforementioned Decrees violate the Mining Code, which takes care of framing the "the report of mining rights". To this end, Article 48b in fine provides that mining and/or career rights may be withdrawn or reported, without retroactive effect, by the granting authority in the event of illegality at the time of granting, within three months of the publication of the grant decision in the Official Journal or failing that, within three months of the date of knowledge of its existence, either at the request of an
  5. It follows from this provision that the only hypothesis of "report of mining rights or careers enshrined in law is illegality at the time of granting", in this case, the rights may be reported either at the request of a third party injured or on your initiative, within three months of the publication of the grant decision in the Official Journal or after the date of knowledge of the existence of the grant decision
  6. You will find that your grant decision was taken on April 25, 2022 and three months after July 25, 2022 and in case of "illegality at the time of grant". The decisive acts that are the "cadastral notices", "environmental opinion", "technical opinion" and "compliance notices" remain valid to date and have never been declared illegal and no reason or illegal character in the granting procedure is the responsibility of your two decrees and DATHCOM has never been notified of any case of illegality at the grant.And you cannot ignore that the withdrawal of regular individual
  7. This is quite abnormal, and legally unsustainable, that your jurisdiction can leave unexecuted an act that it has enacted and whose legality is not in the shadow of any doubt because it is over the three favorable opinions, and that you can begin on a painful and perilous approach to try to assess, a posteriori, the legality of your decision, especially since
  8. In addition, the simple basic rules have not been respected, in particular the rights of the defense and your Excellency did not even deign to call the applicant to hear her version of the facts and the Mining Code has established the principle that decisions must be reasoned and so today nor the reasons purely under company law raised by Mr. Célestin KIBEYA (whose personal reasons remain obscure)
  9. Moreover, your two decrees contradicted each other technically, so the decree 00032 on the renunciation should precede that of the grant decision 00031 thus making these decisions technically difficult to execute because we cannot report the grant decision and therefore there is no longer a grant or permit decision and therefore the decree 00032 reporting the one on the renunciation cannot come chronologically after.
IV. PRELIMINARY ADMINISTRATIVE APPEAL
  1. This is worth recourse for justice to be done, it is up to you to choose the path of reason within the framework of the right business climate and to leave it to the appropriate authorities, which are within the reach of COMINIERE, to be able to implement their legal skills to resolve this conflict between DATHCOM shareholders rather than paralyzing this great historical project that feeds the hope
    Hoping that this will receive your special attention, please accept, Excellency the expression of our best regards.
    For DATHCOM MINING SA
Edit: The numbering is incorrect compared to the original article - refer to the link for the correct numbering
 
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15/0202023
@Bin59 Posted


Once again Bin I am very grateful for all your investigations and the information you consistently provide on our threads and hope you don’t mind me providing it here for easier access. Your posts are greatly appreciated by not just me, but all other shareholders on TSE

Financial embezzlement in #RDC :
John @LungilaJ pleads for the intensification of the Financial Patrol in 2023 and the creation of a "Special Court" to judge the agents cited by the @IgfRdc


 
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16/02/2023
@Sammael Posted





The cancellation of PE13359 is NULL! According to #DATHCOM and @AvzMinerals, my decision of the minister, @anskalambayi is ILLEGAL since stealing the mining code. CONFLICTS BETWEEN SHAREHOLDERS IS NOT A COMPETENCE OF @MinMinesRDC

1/3 #MANONO #LITHIUM Did Minister Kalambayi break the law with the cancellation of Dathcom's PE13359? Yes, the Halt is illegal according to Datcom. #DATHCOM opposes the Decision of the Minister of Mines, @anskalambayi, which according to the JV violates the Mining Code amended in 2018

2/3 and considers the Minister's decision as a political position. The dispute between Dathcom shareholders is not within the jurisdiction of the Ministry of Mines. Céléstin Kabeya de la Cominiere who would be the basis of the accusations against Dathcom, is not yet CEO of CAMI,

3/3 because was not appointed by presidential order to replace Athanase Mwamba.
 
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16/02/2023
@Sammael Posted


Financial Embezzlement In The DRC: John LUNGILA Pleads For The Intensification Of The Financial Patrol In 2023 And The Creation Of A "Special Court" To Judge The Agents Cited By The IGF​

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Observing misappropriation and identifying its actor is one thing, but judging and condemning the offender is another. It is noted in the Democratic Republic of Congo, a clear will of the Head of State to put an end to the practice of corruption and misappropriation of public funds by relying on the General Inspectorate of Finances, IGF in acronym, which by financial patrols, has shown its worth with its revelations in several files, in particular the latest of the current SNEL and many others.

Very unfortunately, some note a slowness in the process of questioning the agents cited by the IGF and its head of service Jules Alingete who, the latter, carefully compiles his reports, which result from the Financial Patrol, which he has to Justice to hunt down predators who practice embezzlement.

This slowness gives the opportunity to some defendants to take time to corrupt justice and even erase evidence, something deplored by John Lungila, Columnist and political analyst.
"The IGF's investigations will have no impact as long as the criminals targeted by its investigations escape justice and live as nothing happened"
he shouted.

Impunity, enemy of good governance

Impunity is among the elements that are the basis of the decline of a State, fighting it is a process that must be supported by every citizen.
While welcoming the progress made in the field of public finance in the DRC, John Lungila recognizes the contribution of the IGF which, casually, succeeded in barricading the momentum of corruption and embezzlement which had been in full swing since the beginning of the 2000s.
He who is recognized as an opponent of the Tshisekedi regime, John Lungila informs that his host country, Canada, relies on structures to fight against corruption.
"Canada, which was at the same level of social life with the DRC in 1960, has stood out from us by far thanks to the fight against corruption and the imposition of good governance, a mission assigned to the Royal Canadian Mounted Police, to the Office of the Comptroller General and the Office of the Inspector General of Quebec which we had the honor to visit"
did he let it be known

A Special Court

To remedy the lack of energy observed in the questioning of predators by justice, which Jules Alingete continues to demonstrate that it is not his problem but rather Justice, John Lungila appeals to the personal involvement of the Head of State to create a Special Court which will rule on cases of impunity, corruption or embezzlement discovered by the IGF. He wants the Financial Patrol to be intensified in this year of 2023.
“The creation of a special tribunal is a matter of political will, and only the Head of State can facilitate. He who has already done more by forcefully resuscitating the IGF, would do better this time to allow the advent of this tribunal for the sake of the effectiveness of the IGF's investigations against predators and economic criminals”
does he propose
to add
“This court will put an end to the delays in justice by seizing on its own the denunciations and results of the investigations because we cannot understand why an agent suspected of embezzlement and financial embezzlement by the IGF must remain free for more than 6 months. without being invited by justice”
did he conclude
Accused by Internet users and sometimes his colleagues or fellow journalists of shooting at the IGF Jules Alingete to justify his exile, the misunderstood John Lungila surprises his executioners by coming to the support of the IGF with the proposal of a Special Tribunal. In this case, it will be necessary to give him other reasons for his exile.
Noel Nzogu


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