Another false and deceptive article full of disinformation from Zoomeco and The Tribune
15/11/2023
Underwaterdark Posted
DRC: Revelation on the reason for the cancellation of AVZ's mining permit (Tribune)
Published
3 hours ago
November 15, 2023
By Anonymous
Recently, AVZ filed an ICSID arbitration request against the DRC government regarding the cancellation of the mining permit (PE) order by the Ministry of Mines, and this arbitration brought AVZ back into the spotlight. the ramp.
According to the January 2023 order of the Ministry of Mines, the 2022 order granting a mining permit to Dathcom has been canceled.
According to the investigation, AVZ's MOU application also violated the provisions of the Mining Code and Dathcom's JV contract regarding the application for a mining permit:
1. The feasibility study submitted by Dathcom is illegal and, in accordance with articles 6.2 and 6.4 of the 2017 Dathcom JV contract, must be approved by Cominière, but it is clear that AVZ did not transmit the study to Cominière before its submission to the Ministry of Mines in April 2022, not to mention obtaining approval from Cominière, nor the approval of the Board of Directors and the General Meeting of Shareholders of Dathcom.
2. The proof of financing submitted by Dathcom is fraudulent, in accordance with article 71 of the Mining Law” (b): demonstrate the existence of the financial resources necessary to carry out its project according to a financing plan for development work , construction and operation of the mine as well as the site rehabilitation plan upon its closure. This plan specifies each type of financing, the targeted sources of financing and the justifications for their probable availability. In all cases, the share capital contributed by the applicant cannot be less than 40% of said resources”. In the feasibility study announced by AVZ, the investment is 550 million US dollars, so Dathcom never had 220 million US dollars in its accounts.
3. The MOU application presented by AVZ is illegal and Dathcom's decision to give up the 82 squares located in the northeast was not approved by the General Meeting of Shareholders of Dathcom, which is suspected of being an insider trading with AJN (Nigel is a shareholder and director of AJN) and which harmed the interests of other shareholders.
Dathcom/AVZ provided an illegal and incomplete feasibility study because the ownership of the Mpiana Mwanga hydroelectric plant belongs to Cominière, not to Dathcom, and even less to AVZ Power, and above all, the inclusion of the hydroelectric plant in the feasibility study by Dathcom/AVZ is an illegal attack on state property, while AVZ did not respond, for financial reasons, to the call for tenders launched by Cominière for the rehabilitation of the Mpiana Mwanga hydroelectric power station.
In view of the above, Dathcom's MOU was withdrawn for reasonable and legitimate reasons, and the ICSID arbitration initiated by AVZ has no future in the face of these facts.
Récemment, AVZ a déposé une demande d’arbitrage CIRDI contre le gouvernement de la RDC au sujet de l’annulation de l’arrêté relatif au permis minier (PE) par le Ministère des Mines, et cet arbitrage a ramené AVZ sous les feux de la rampe. Selon l’arrêté de janvier 2023 du ministère des Mines...
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