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Question 5 from the link:Q5. Did Cominière lend 5% of theshares...

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    Question 5 from the link:

    Q5. Did Cominière lend 5% of theshares (at the time of Dathcom Mining SAS) to Dathomir in order to enable it toraise the necessary funds for the project?


    Answer
    : The results of the IGF (Inspection Générale des Finances) investigation of April 2022 cleared AVZ and condemned the Cominière management team. The said report of the IGF, a state service linked to the Presidency of the Republic, found that there had been a perfect and irrevocable transfer between the parties concerned and that there had never been a loan of the shares. The agreements between the parties were irrevocable.

    This link details the findings of the IGF investigation. Key Points (translated) are:

    "
    The IGF, which knows how to call a spade a spade, suspects three officials: the Director General a.i. of Cominière SA, Athanase Mwamba Misao, the members of the Board of Directors of Cominière who would have authorized these operations, and the Minister of Portfolio Adèle Kahinda Mayina.

    In this leaked letter, three points stand out clearly and are highlighted in bold and underlined:

    1. "selling off the State's mining heritage";
    2. "squandering the proceeds of the sale of 15% of the shares of Cominière SA in the company Dathcom Minging";
    3. "free transfer... In short, a scandal that awaits an exemplary sanction.”
    .....

    .....


    1. "selling off the State'smining heritage";

    They (Cominière) are: selling off of the State's mining heritage. The transfer of 15% of the shares of the state-owned company Cominière in Dathcom Mining to Zijin Mining was carried out in violation of the legal provisions on the withdrawal of the state from portfolio companies. In fact, the 15% of the shares of Cominière SA valued at 150,000,000 US dollars (one hundred and fifty million US dollars) were transferred to Zijin Mining for a total value of 33,440,000 US dollars (thirty-three million four hundred and forty thousand US dollars). This resulted in a loss of income of US$116,560,000 (one hundred and sixteen million five hundred and sixty thousand US dollars)"; 2. "squandering the proceeds of the sale of 15% of the shares of Cominière SA in the company Dathcom Minging";


    2. "squandering the proceedsof the sale of 15% of the shares of Cominière SA in the company DathcomMinging";

    Out of the total amount of the proceeds from the sale of 15% of the shares, which amounted to US$33,440,000 (thirty-three million four hundred and forty thousand US dollars), Cominiere SA has already used approximately US$6,800,000 (sin million eight hundred thousand US dollars) in the form of collations, fees, commissions and remuneration for the benefit of the persons who contributed to the sale of the shares, with the approval of the Board of Directors of Cominiere SA".


    3. "Free transfer of 5% ofthe shares of Cominière SA in Dathcom Mining SA to Dathomir Mining Sarl”

    The presumed gratuitous and provisional transfer of 5% of the shares of Cominière SA in Dathcom Mining SA to Dathomir Mining Sarl, which took place in 2017, turned out to be definitive and irrevocable according to the transfer contract, with a price agreed between the two parties, but the income from which has not been traced to Cominière SA There is a presumption of use of forgery on the part of the General Manager a.i. in order to carry out a fraudulent transfer of 5% of the shares.
    ....
    Free transfer of 5% of the shares of Cominière SA in Dathcom Mining SA to Dathomir Mining Sarl. The presumed gratuitous and provisional transfer of 5% of the shares of Cominière SA in Dathcom Mining SA to Dathomir Mining Sarl, which took place in 2017, turned out to be definitive and irrevocable according to the transfer contract, with a price agreed between the two parties, but the income from which has not been traced to Cominière SA There is a presumption of use of forgery on the part of the General Manager a.i. in order to carry out a fraudulent transfer of 5% of the shares
    "




    Last edited by antimatter: 03/08/22
 
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