Conflict Erupts at MIBA SA Over Statute Modifications
Tensions have escalated within the Bakwanga Mining Company (MIBA SA) in the Kasai-Oriental province, where Director General André Kabanda Kana and Chairman of the Board of Directors Jean-Charles Okota are in a dispute following alterations to the company’s statutes.
In a press release received by MINES.CD on Monday, June 24, 2024, Director General André Kabanda Kana expressed dismay over the proceedings of an Extraordinary General Assembly of MIBA SA held on May 5, 2024, in the presence of Chairman Jean-Charles Okota.
During this assembly, the statutes of the company were modified to include ASA RESOURCE GROUP PLC as a minority shareholder, replacing SIBEKA, dissolved by a judicial decision on December 21, 2023.
According to Kabanda Kana, this modification was conducted in violation of OHADA’s Uniform Act on commercial company law and economic interest groups, as well as the harmonized statutes of MIBA SA since 2014, and without his knowledge.
In response to these grievances, Kabanda Kana refuses to recognize the validity of these “illegal” modified statutes and has called for the intervention of the Minister overseeing the portfolio.
“The Management of MIBA SA hereby expresses its reservations regarding the irregular modification of the statutes, conducted outside the law during the unauthorized General Assembly on May 15, 2024, which violated the harmonized statutes of 2014, the 1978 Convention between the Congolese State and SIBEKA, and OHADA’s Uniform Act on commercial company law and economic interest groups (AUSCGIE),” stated the press release.
MIBA, officially known as “Minière de Bakwanga,” is a prominent state-owned company specializing in diamond mining in the Kasai-Oriental province of the Democratic Republic of Congo.
SOURCE:mines.cd
