AVZ Discussion 2022

[Winenut]

Nuts I just read Elphamale’s crapper post and as always was a good read…. I’m not on twitter or the crapper so have no way of interacting with Elphamale but….

Some things he and others might want to add to the equation are:

1) Former exiled politician and governor of Tanganyika, Moise Kutumbi (who by the way is one of the richest men in the DRC) is teaming up with Joseph Kabila to form a partnership to win government in next year’s DRC election…. Both these men should also be added to the ‘Dirty Dozen’ when it comes to corruption in the DRC and both should be watched closely for their involvement in corrupt mining practices in and around Tanganyika and Manono!!

2) Elphamale also mentions a short-term debt facility or a pre-payment by CATH for our SC6…. I mentioned the idea of a pre-payment by CATH recently and not sure if Elpha takes into account the fact that we would then have to supply CATH with the SC6 while not getting payment for our OPEX (Operating costs).

As far as a short-term debt facility…. This is how Altura (AJM) went into administration when they couldn’t repay their debt to the Chinese, and Pilbara Minerals bought out thier Pilgangora project. I know people will say the price of SC6 will soon pay off our debts but like everything else…. I’ve heard it all before

Just a few things to consider and if you or someone passed them on to Elpha, I would be interested in his reply

You know me pretty well Nuts, I may seem harsh, but sometimes you need to be to add honesty and balance to the conversation

Hey MB

I just responded to Elphamale and posted your thoughts on the crapper for the general conversation and to see if something happens

I tagged Elpha in

Not a DM or PM (as I have no way to do that either) but what the heck.....may as well give it a go and see what happens!

No harm in trying

Cheers
Nut

 

[CHB]

Based on what???

Or literally a guess?

Yep

Based on my assumption of lip service by mgmt and trying to use some reasoning. I rather say my guess up front then those people who put their assumptions after something happens then pretend they knew all along lol.

Considerations for why I'm guessing that.

1) How would capital work if CATH takes a lower percentage? Would the company really be sourcing this funding in the background already? We're about what 8 months into suspension? Why not do this sooner? Makes me think it's not related to ML

2) Mgmt seemed to think at the road shows that ML was close and that some people were going to jail. Well we're seeing some of that start to happen and there is a push for others still. From that perspective I feel it'll come to a head soon.

3 IGF and others calling out the princess. Can you imagine a law enforcement agency in Australia accusing someone of a crime then letting them walk free? I think we know where this is heading, question is what are they waiting on to pull the trigger.

Anyway my reasonings as to why I feel like we're only a few months away tops and why I feel the CATH % remains in tact. All a guess.

 

[Winenut]

Yep

Based on my assumption of lip service by mgmt and trying to use some reasoning. I rather say my guess up front then those people who put their assumptions after something happens then pretend they knew all along lol.

Considerations for why I'm guessing that.

1) How would capital work if CATH takes a lower percentage? Would the company really be sourcing this funding in the background already? We're about what 8 months into suspension? Why not do this sooner? Makes me think it's not related to ML

2) Mgmt seemed to think at the road shows that ML was close and that some people were going to jail. Well we're seeing some of that start to happen and there is a push for others still. From that perspective I feel it'll come to a head soon.

3 IGF and others calling out the princess. Can you imagine a law enforcement agency in Australia accusing someone of a crime then letting them walk free? I think we know where this is heading, question is what are they waiting on to pull the trigger.

Anyway my reasonings as to why I feel like we're only a few months away tops and why I feel the CATH % remains in tact. All a guess.

A very well considered "guess" there CHB

Cheers!

 

[BEISHA]

Found podcast with a legal perspective on our situation and it think it’s worth a listen. He starts talking about avz at the 12:10 mark. He said he had a podcast from yesterday about avz as well bu I can’t find it. I’ll try again later and post if I have any luck.

Thanks Rambo for sharing this.

Both commentator & legal eagle agree , this is a shit fest mess..........errr, derrrrrrrr!!


A few take aways.....

a) potentially a 3rd arbitration case might be added to ICC time table ( 2 SPAs with DATHOMIR + Jin Cheng snack deal) ..........could be heard concurrently ........potentially saving time and expense.....but not guaranteed.

b) Arbitration could go on for 2 years other wise............. 6 - 12 months at least......

c) Regards to Jin Cheng, first right of refusal to AVZ or any other deal done is null & void ( uniform law ), however if indeed 15% shares have been transferred, could be hard to claw back. AVZ would need to prove that Jin Cheng was aware of the pre emptive clause and acted NOT in " good conscience "

d) Legal eagle suggests that AVZ would more than likely not resume trading until a verdict is reached as it would be detrimental to the SP other wise.

e) Legal eagle suggests that it might be best for all parties to negotiate a deal privately and drop the court proceedings therefore allowing the project to go ahead...........essentially meaning a payout to Dathomir and going into bed with Jin Cheng one would think.........


FARKEN food for thought.


FARKEN, FARKEN, FARKEN

FARKEN if you do, FARKEN if you dont.


FARKEN

 

[Samus]

Thanks Rambo for sharing this.

Both commentator & legal eagle agree , this is a shit fest mess..........errr, derrrrrrrr!!


A few take aways.....

a) potentially a 3rd arbitration case might be added to ICC time table ( 2 SPAs with DATHOMIR + Jin Cheng snack deal) ..........could be heard concurrently ........potentially saving time and expense.....but not guaranteed.

b) Arbitration could go on for 2 years other wise............. 6 - 12 months at least......

c) Regards to Jin Cheng, first right of refusal to AVZ or any other deal done is null & void ( uniform law ), however if indeed 15% shares have been transferred, could be hard to claw back. AVZ would need to prove that Jin Cheng was aware of the pre emptive clause and acted NOT in " good conscience "

d) Legal eagle suggests that AVZ would more than likely not resume trading until a verdict is reached as it would be detrimental to the SP other wise.

e) Legal eagle suggests that it might be best for all parties to negotiate a deal privately and drop the court proceedings therefore allowing the project to go ahead...........essentially meaning a payout to Dathomir and going into bed with Jin Cheng one would think.........


FARKEN food for thought.


FARKEN, FARKEN, FARKEN


View attachment 23979

View attachment 23980


View attachment 23981

FARKEN if you do, FARKEN if you dont.


FARKEN

 

[BEISHA]

View attachment 23982

Sorry, have a rainbow unicorn instead.........

 

[Bin59]

@MoneyBags1348 - perhaps one more article for your other thread re Sama Lukonde / Felix Tshisekedi & the introduction of the Presidential Strategic Watch Council (PSWC).
(Not sure if PSWC is still active).

DRC: Does prime minister Sama Lukonde have any real power? - The Africa Report.com

‘In practice, Sama Lukonde is, despite constitutional requirements, an auxiliary of the head of state.’

www.theafricareport.com

Excerpt:

François Muamba, the real prime minister?​

The prime minister’s power has also been reduced by the Presidential Strategic Watch Council (PSWC), a veritable monitoring body that was created when Tshisekedi and Kabila had their power-sharing deal. Its mission is to monitor the president of the republic’s commitments and ensure that the government implements them. It is headed by François Muamba, who is one of the head of state’s most influential advisors, and now occupies an unprecedented position within national institutions.

By presidential decree, the PSWC “has been placed under the direct authority of the president of the republic, from whom it receives orientations, directives and instructions and to whom it reports on its mission.” This status places it at the same level as the prime minister’s office, thus allowing it to summon government members and demand activity reports from them.

Question:

Could the PSWC request an “activity report” from the DG of CAMI / Kayinda re the Manono Project status, which then could be tabled at the Council of Ministers exerting pressure for a resolution to the stalemate - which happens in an open and transparent way.

 

[Bin59]

Thanks Rambo for sharing this.

Both commentator & legal eagle agree , this is a shit fest mess..........errr, derrrrrrrr!!


A few take aways.....

a) potentially a 3rd arbitration case might be added to ICC time table ( 2 SPAs with DATHOMIR + Jin Cheng snack deal) ..........could be heard concurrently ........potentially saving time and expense.....but not guaranteed.

b) Arbitration could go on for 2 years other wise............. 6 - 12 months at least......

c) Regards to Jin Cheng, first right of refusal to AVZ or any other deal done is null & void ( uniform law ), however if indeed 15% shares have been transferred, could be hard to claw back. AVZ would need to prove that Jin Cheng was aware of the pre emptive clause and acted NOT in " good conscience "

d) Legal eagle suggests that AVZ would more than likely not resume trading until a verdict is reached as it would be detrimental to the SP other wise.

e) Legal eagle suggests that it might be best for all parties to negotiate a deal privately and drop the court proceedings therefore allowing the project to go ahead...........essentially meaning a payout to Dathomir and going into bed with Jin Cheng one would think.........


FARKEN food for thought.


FARKEN, FARKEN, FARKEN


View attachment 23979

View attachment 23980


View attachment 23981

FARKEN if you do, FARKEN if you dont.


FARKEN

Definitely food for thought, but I’d prefer to take advice from our DRC lawyers … not this guy

https://au.linkedin.com/in/sam-gillis-065968102

 

[MoneyBags1348]

@MoneyBags1348 - perhaps one more article for your other thread re Sama Lukonde / Felix Tshisekedi & the introduction of the Presidential Strategic Watch Council (PSWC).
(Not sure if PSWC is still active).

DRC: Does prime minister Sama Lukonde have any real power? - The Africa Report.com

‘In practice, Sama Lukonde is, despite constitutional requirements, an auxiliary of the head of state.’

www.theafricareport.com

Excerpt:

François Muamba, the real prime minister?​

The prime minister’s power has also been reduced by the Presidential Strategic Watch Council (PSWC), a veritable monitoring body that was created when Tshisekedi and Kabila had their power-sharing deal. Its mission is to monitor the president of the republic’s commitments and ensure that the government implements them. It is headed by François Muamba, who is one of the head of state’s most influential advisors, and now occupies an unprecedented position within national institutions.

By presidential decree, the PSWC “has been placed under the direct authority of the president of the republic, from whom it receives orientations, directives and instructions and to whom it reports on its mission.” This status places it at the same level as the prime minister’s office, thus allowing it to summon government members and demand activity reports from them.

Question:

Could the PSWC request an “activity report” from the DG of CAMI / Kayinda re the Manono Project status, which then could be tabled at the Council of Ministers exerting pressure for a resolution to the stalemate - which happens in an open and transparent way.

Much appreciated Bin, as are all your other very informative posts!!

Farken

 

[Azzler]

Man this site sucks. Sorry.

 

[Samus]

 

[Bin59]

As of 14/2/22 PSWC still existed.

DRC: The Beya affair in questions – JJ Wondo - Desk Africain d'Analyses Stratégiques

On Saturday, February 5, 2022, Kinshasa was shaken by the information of the arrest and hearing by the ANR [1] of the all-powerful Special Advisor to the President in matters of security, François Beya known as “Fantomas”. In a communication to the RTNC, the spokesperson for the presidency...

afridesk.org

 

[cruiser51]

 

[BEISHA]

Definitely food for thought, but I’d prefer to take advice from our DRC lawyers … not this guy

https://au.linkedin.com/in/sam-gillis-065968102

I agree, just my translation......... thats all.

 

[Charbella]

I agree, just my translation......... thats all.

I don’t think this guy is qualified to provide legal advice in this instance, as he is unfamiliar with DRC mining code.

 

[JAG]

 

[JAG]

 

[JAG]

 

[JAG]

 

[JAG]