Ministry of Mines’ order blocks Manono Lithium Exploitation and Development?
Should we expect a new legal saga in the telenovelas about the Manono lithium? Who will benefit from this, the COMINIERE, the Australians from AVZ Minerals, the “Mauritians” from MMCS, or the Chinese from ZIJIN?
What is certain is that the population of Manono and Tanganyika in particular, and in general, the entire Congolese people must still wait patiently to see the effective exploitation of their lithium, which should boost the economy of this Lumumba country even more.
With this ministerial decision granted by the Congolese Minister of Mines, the courts and tribunals are likely to be the next ground for exploiting Congolese lithium.
The Ministerial Decision No. 00031 Mines Case /01/2025 of January 28, 2023, would in fact block the first Ministerial Decision No. 00145/CAB.MIN/MINES/01/2022 of April 22, 2022 granting the exploitation permit 13359 to the DATHCOM MINING SA company.
This is due to a request from COMINIERE (Congolese Mining Company) dated December 7, 2022 (reference letter: CEM/DG/138/ckk/2022), which is a shareholder in the DATHCOM MINING SA joint venture holding 25% of the shares, of which 15% and 5% were illegally transferred (according to the IGF), respectively to the Chinese group ZIJIN and the Mauritian company MMCS, with the global lithium giant, the Australian company AVZ Minerals, which holds 75% of the shares of DATHCOM MINING SA.
In its request letter, COMINIERE declares that it is being harmed by its Australian partner AVZ Minerals, accusing it of a lack of harmony and cooperation,
In its latest report, lithium giant AVZ Minerals reports and confirms:
AVZ has confirmed and continued to defend its legal rights to a 75% stake in Dathcom Mining SA (“Dathcom Mining”). Its pre-emption rights to 15% of Cominière’s 25% interests in the Manono project. AVZ highlights the report by the Democratic Republic of Congo’s General Inspection of Finances (IGF) on the poor management of mining assets in the DRC by Congolaise d’Exploitation Minière (“Cominiere”).
In its latest report, lithium giant AVZ Minerals reports and confirms:
AVZ has confirmed and continued to defend its legal rights to a 75% stake in Dathcom Mining SA (“Dathcom Mining”). Its pre-emption rights to 15% of Cominière’s 25% interests in the Manono project. AVZ highlights the report by the Democratic Republic of Congo’s General Inspection of Finances (IGF) on the poor management of mining assets in the DRC by Congolaise d’Exploitation Minière (“Cominiere”).
Here is the Ministerial Decree of January 28, 2023 by the Minister, Antoinette N’samba Kalambayi in detail:
MINISTERIAL DECREE No. 00031 Mining Cases / 01/2025 OF JAN 28, 2023 REPORTING MINISTERIAL DECREE No. 00145/CAB.MIN/MINES/01/2022 GRANTING THE MINING LICENSE NO. 13359 TO THE COMPANY DATHCOM MINING SA
THE MINISTER,
Having regard to the Constitution, as amended by Law No. 11/002 of January 20, 2011 revising
some articles of the Constitution of the Democratic Republic of the Congo of February 18, 2006, especially its articles 93, 202 point 36 letter f and 203 point 16;
Having regard to Law No. 007/2002 of July 11, 2002 on Mining Code, as amended and completed by Law No. 18/001 of March 9, 2018, especially its articles 10;
Having regard to the Decree No. 22/002 of January 7, 2022 on the organization and functioning of
the Government, the modalities of collaboration between the President of the Republic and the Government and between the members of the Government;
Having regard to the Decree No. 22/003 of January 7, 2022 on the attributions of the Ministries, especially its Article 1° B, point 35;
Having regard to the Decree No. 21/012 of April 12, 2021 on the appointment of Vice-prime Ministers,
State Ministers, Ministers, Delegated Ministers and Vice-Ministers;
Having regard to the Decree No. 038/2003 of March 26, 2003 on Mining Regulations, as amended and completed by Decree No. 18/024 of June 8, 2018;
Having reviewed the Ministerial Decree No. 00145/CAB.MIN/MINES/01/2022 of April 22, 2022 granting the Exploitation Permit 13359 to the company DATHCOM MINING SA; Considering the recourse of the Congolese Mining Exploitation (COMINIERE), shareholder within DATHCOM MINING SA, brought by its letter referenced CEM/DG/138/ckk/2022 of December 7, 2022; Considering that the harmony and healthy cooperation between the shareholders of DATHCOM MINING SA are prerequisites for any mining exploitation by this company, in order to save the Manono Lithium project; Considering that the situation of disagreements, persistent conflicts, recurring discordances between shareholders and the taking hostage of the project, exacerbated by the signing of the Ministerial Decree No. 00145/CAB.MIN/MINES/01/2022 of April 25, 2022, is of a nature to paralyze the exploitation of Lithium and prevent the State from channeling the products from the Exploitation Permit 13359; Having regard to the necessity and urgency, DECREES: Article 1: The Ministerial Decree No. 00145/CAB.MIN/MINES/01/2021 of April 25, 2022 granting the Exploitation Permit No. 13359 to the company DATHCOM MINING SA is withdrawn and cannot produce any effect.
Article 2: The Secretary General for Mines and the General Director of the Mining Cadastre are each responsible, as far as they are concerned, for the implementation of this Decree, which enters into force on the date of its signature.
SOURCE: kongopress.com
