MoneyBags1348
Top 20
14/10/2023
Yes so it does ; I didn’t realise that this was popped out through MMGA website … so have to provide it with ‘some’ credibility …. Although I do reckon some maybe reading a bit to far down the gun barrel .The purported new decree looks pretty much identical to the decree cancelling our PE to me @obe wan
What stamp or seal do you think is missing between these two documents?
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Previous manipulations were all done by Mupande. Either the new CAMI DG is running a loose ship or he's just as fucking corrupt as sugar daddy jean. My bet is on the latter.
Its floating around in local DRC, my sources tell me it is legit, but it doesn't change the fact that its all part of the local legal process - MOM likely just following the same verdicts and Cominiere spouting that ICC is irrelevant like delusional clowns.
its a clusterfuck for sure and the way Cominiere is working the system to muddy the waters is some next level shit, but we all know their arguments are piss weak and unless they've hired david fucking blain to be their lawyers, they'll get railed at international legal proceedings. Only magic can resolve this in their favour i reckon.
Just checked the CAMI portal and a company called Manono Lithium have made an application on 19/10/23 for 125 carres of 13359 in the north. This split is not the same size as the previous partition which was 82 carres in the north. The screenshots I took in the last few days did not have this application so it was added last night.Another thing that is bugging me about Cominiere being granted a renewal of PR is that they should be required to cede 50% of 13559 in an ordinary renewal under Article 62 of the mining code. It happened to us with 4029 and 4030. Seems really fucking odd to me that this hasn't been followed and why Cominiere would need to be given a PR renewal until 2027 if it was going back to Dathcom for an imminent ML. Perhaps that is what this 'cession partielle' is all about.
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Once a PE application is submitted the need for renewal of PR is gone. It's either ML or pineapples. It just doesn't add up that the MoM did this for regulatory reasons or as part of some grand plan to give the whole tenement back to us. This order came from the MoM. She has the power to ignore Cominiere's claims. If you need proof of her authority to make decisions on claims read Nigel's letter to her after the initial decrees were cancelled which is all about how she is ignoring ours. Given the need and urgency.
"To Her Excellency the Minister of Mines of the D.R. Congo in Kinshasa/Gombe
The company DATHCOM MINING SA acknowledges receipt in a state of shock and surprise your two irregular Ministerial Orders in form and substance while it was waiting to be notified on the calculation of the surface rights that was in the process of carry out the Mining Cadastre. DATHCOM fiercely opposes your approach which has violated the relevant provisions of the Congolese Mining Code which it intends to demonstrate in the following lines.
We have the feeling of being the victim of a political decision whose real and sincere motivations we do not know. Your two ministerial decrees show that all these facts constitute acts of the prince because they are without any legal basis and are not based on the Mining Code as amended in 2018.
The fact that you responded to the request of the company COMINIERE SA which is not a holder of mining titles and therefore you create a dangerous case law to receive the request of a shareholder whose acts are not permitted by the Mining Code but also whose quality of Mr. Célestin KIBEYA is called into question because he was not appointed by 'Presidential Ordinance' as required. Despite this irregularity, you had nevertheless taken these decisions which cannot survive in legal commerce nor produce its effects.
This is completely abnormal, and legally untenable, that your jurisdiction can leave unexecuted an act that it has enacted and whose legality is beyond the shadow of any doubt because it was approved on favorable opinions, and that you can embark on a painful and perilous process to try to assess, a posteriori, the legality of your decision, especially since respecting legality is a concem that must be manifested at the time of the enactment of the act or even, better, during its elaboration, never after its enactment.
Moreover, the simple basic rules were not respected, in particular the nights of the defense and your Excellency did not even decide to call the applicant to hear his version of the facts and the Mining Code established the principle that decisions must be motivated and to date none of the reasons relating purely to company law raised by Mr. Celestin KIBEYA (whose personal motivations remain obscure) can support the illegal nature of the decision to grant."
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So was the catalyst for launching the ICSID the 14 day period needed for the MoM to grant us our right of appeal on the cancellation of the ML followed by the 3 month period for absence of arbitration approval or objection by the DRC?Those tabled offers and those declined by Nige are likely similar to this type of lunacy, so when MMGA says we should be made aware of the deals so shareholders can make the best decisions, i'd counter that only when something resembling a fair deal is tabled, would we need to see it - otherwise every fucking 50c on the dollar cunt would submit some bullshit offer and we'd need to be informed....
Other deals that i've heard being tabled by Cominiere are like drop all the legal cases and we can talk - backpay us the dividends from the funds raised via the ASX and we can discuss, you get the gist, nothing remotely fair.
As for the ICSID remedies, this is up to the claimant, we could ask for cash settlement, or something like being reinstated as owners of 13359 (specifying that its 221 carres, nothing more nothing less). Can't confirm what we've asked for as a claimant, but damages + reinstatement would be a minimal starting point, add in therapy for all the shareholders and a public tar and feathering of detractors would be great - DRC part of the legal accords makes the ICSID verdict enforceable.
This would be the best outcome, but i will caveat that in the instance ownership cannot be reinstated for whatever reason, then an increased cash settlement would be awarded - the other downside to this as everyone knows is ICSID is drawn out and can take up to 5-6 years before something even remotely close to settlement occurs.
Would have been nice of Nige and Co to ask us what we wanted from ICSID, but again a can of worms, everyone sending in emails for $12 with a Zijin fuckwit tax while hilarious, wouldn't have pushed the parcel as fast. Also if he had asked us, would have tipped the corrupt actors off, i remember being thrilled with the ICSID push, definitely a trump card and good leverage for us.
MMGA would have us believe that current BOD want to take ICSID all the way and by the time settlement comes around shareholders would be left with nothing - i highly doubt that we will take ICSID to trial or settlement, its a great tool in getting to the negotiating table and keeping those that matter in check (Felix).
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I haven't chimed in for a few weeks, but I can confirm the following:
1. The various social media accounts on X/Twitter are doing a great job spreading propaganda so convincing that some of you loyal positive posters are now doubting yourselves.
2. The CAMI portal cadastre site is not to be taken seriously, the idiot doing changes in backend of the database is a bribed puppet who has been told to make it appear that AVZ has lost its rights to 13359 and it's separated. This is NOT OFFICIAL nor a trusted source.
3. AVZ only very recently had discussions with THE PRESIDENT OF THE DRC and are making headway regarding a MoU to move forward to issue the ML.
4. Cominere posting videos of work being done at Mpiana is not Cominere! It can't be confirmed if it's AVZ power old footage or another 3rd party.
5. MMGA are having meetings with their cronies, they are not meeting AVZ BOD staff, the president, the MOM or anyone in a decision making position regarding the future of AVZ. They are just the equivalent of your belly button fluff.
Do any of you think that AVZ will simply be stripped of their resource this late in the game with pending and active ICC and ICSID cases ?
You really think Zijin and Cominere can just drive their tractors in to the Northern tenement and start cutting holes and scooping spod out the ground?
People need to trust the legal process and wait for AVZ to push out an announcement.
CALM THE HELL DOWN EVERYONE!
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There is a clear distinction between AVZ and Dathcom's good legal titles and the legal situation within the DRCGOAT you need to post more.
My favourite part was:
Do any of you think that AVZ will simply be stripped of their resource this late in the game with pending and active ICC and ICSID cases
So they want a refund on the 15% from Dathcom and then use it to get 61% of 125 carres?ICC be damned because part of the deal is Zijin withdrawing their claim on 15% of Dathcom and using the 33.4m to pay Cominiere for the north. Unless they are trying to get that 15% for free now. This was the exact terms of the original offer by Zijin.
'According to the joint venture agreement signed by Jinxiang Lithium and COMINIERE, after the Project Company acquires the exploration rights numbered PR15775, COMINIERE agrees to directly deduct the purchase price of USD 33.44 million for the 15% equity in Dathcom from the amount payable by Jinxiang Lithium to obtain a 61% equity interest in the Project Company.'
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They've said the PROJECT, so that should be 15775 which is open to dispute. So they fucking well know its bullshit how they've done this and have opened themselves to more legal action from us.... They are also aware that the foundation of all of this is the 100% return of 13359 to Cominiere which is being fought at ICSID so it could all be winded back.Fun fact Zijin brought the ICC case and can drop it anytime they want. And the MoU deal will lead to the dropping of all litigation against the DRC and its controlled entities so that means no Cominiere ICC case. Relevant disputes refers to control of Mpiana Mwanga imo
Waiting for DRC morning to see if we can get a copy and add it to my file for ICSID, clear fucking violations top to bottom.New decree imminent imo
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