KCC dispute: GÉCAMINES reaches an agreement with KATANGA GROUP, and defines with GLENCORE the foundations for a new win-win partnership (13.06.2018)

LUBUMBASHI, Democratic Republic of Congo, June 13, 2018 – On 12 June 2018, GÉCAMINES (www.Gecamines.cd), together with its subsidiary SOCIÉTÉ IMMOBILIÈRE DU CONGO (“SIMCO”), entered into with KATANGA MINING LIMITED and some of its affiliated companies (the “KATANGA GROUP”) as well as their joint company KAMOTO COPPER COMPANY (“KCC”), a settlement agreement (the “Agreement”).

Under the terms of the Agreement, the following goals and results are targeted, among others:

  • KCC’s net equity will be restored in accordance with applicable laws ;
  • KCC’s indebtedness towards the GLENCORE group will be reduced from 9 billion USD down to 3.45 billion USD as at 1 January 2018;
  • Interest rates applicable on intra-group loans are revised and shall no longer exceed 6% per year;
  • On the basis of KCC’s current business plan, as early as the 2019 fiscal year, GÉCAMINES will start, for the first time, receiving dividends, which assessed cumulated amount should exceed 2 billion USD over the next ten years;
  • The profits will allow for the payment of corporate taxes being likely to significantly contribute to the replenishment the Congolese State’s treasury;
  • A better valuation, in the future, of GÉCAMINES’ contribution of the copper and cobalt deposits to the partnership through a significant increase of the amount per ton of the pas de porte, from 35 USD to 110 USD, and which can reach 170 USD in certain scenarios;
  • A significant increase of the valuation of GÉCAMINES’ ownership in KCC, which value was until then nil due to the high level of indebtedness of the company;
  • The waiver by KCC to the benefit of the JORC certified reserves amounting to 3,992,185 tCu and 205,629 tCo (the “Reserves”), releasing GÉCAMINES from its obligation to deliver the Reserves or, failing that, to pay a counter-value of a maximum amount of 285 million USD;
  • The payment by the KATANGA GROUP of a settlement indemnity (150 million USD) in favor GÉCAMINES; and
  • The withdrawal by GÉCAMINES and SIMCO, at closing, from the judicial proceeding initiated before the Commercial Court of Kolwezi on 20 April 2018.

GÉCAMINES welcomes the outcome of the discussions with the KATANGA GROUP and its majority shareholder GLENCORE PLC, and the new foundations now set for the partnership, with a view to an effective sharing of wealth, with immediate financial benefits for all the stakeholders, and in particular the Democratic Republic of the Congo and the affected communities. GÉCAMINES hopes that upcoming negotiations with other partners and companies will be conducted in a similar open and respectful climate, and will reach the same satisfactory outcome.

RDC: Luc Nkulula – Message de condoléances de la Conférence Épiscopale Nationale du Congo (CENCO) – (12.06.2018)

RDC: Enemble – Declaration du President (10.06.2018)

RDC: Communique du CLC – La mort de LUC Nkulula militant de Lucha: le CLC exige l’ouverture d’une enquete independante (10.06.2018)

Fresh UN Report: Illigal Gold Smuggling from the DRC to Uganda!

There been new reports on the gold smuggling to Uganda from Democratic Republic of Congo (DRC). However, it needs more reporting, as this illegal trading and looting of mineral resources from the Republic needs to be put a spotlight on. As this trade is feeding illegitimate government and militias whose using force against innocent civilians and citizens in general. This report that is reported in the report from the Group of Experts are expelling a deep, but also a volatile story of how they are transporting and getting the illegal gold into the market.

We can wonder if this gold enters the Gen. Salim Selah owned African Gold Refinery Limited in Entebbe, before flying away into the World Market through the brokers and traders there. We can question that, as the government on both sides of the border is accepting this. They are both earning on this and not registering it. Therefore, the location of extraction is kept secret, while the production and the paperwork is kept under the radar. That is why the consumer cannot know under what condition the gold came from and that is worrying. The smuggling, the lack of paperwork and forging of documents shows they are really pushing the boundaries to get into the global markets.

Also, this shows how blatant disregard for maladministration, they have done deliberately and not cared about the public.

Smugglers used the road to Mahagi, where they travelled either by motorbike, taxi or even truck. At the border with Uganda, when they were eventually checked, they bribed customs officials on the Congolese side. All of the Group’s informants on this issue confirmed that, in Goli, on the Ugandan side of the border, they were not asked to present papers or explain the origin of gold that they carried. Mahagi is a long-established hub of the smuggling route” (P: 22)

Two brokers told the Group that they mainly carried gold from mining sites in Kawa and Monbgwalu in Djugu territory. When they arrived in Goli, they would meet with a broker from the Democratic Republic of the Congo, who would accompany them to sell to Kampala-based dealers. One of the brokers told the Group that, until February 2018, he travelled to Kampala every two weeks with about 3 kilograms of gold (approximately $132,000) 20 per trip” (P: 22-23).

The Group confirmed that, in Entebbe Airport, companies sell empty seats. As previously documented, empty seats are used by smugglers to transport gold concealed in hand luggage. Two individuals associated with the gold sector in Kampala, one Kampala-based gold broker from the Democratic Republic of the Congo and one migration officer stationed at the airport in Entebbe told the Group that, despite the official claim that minerals cannot leave the country without proper paperwork, gold smugglers continue to travel either without documentation or with forged documents. The migration officer and the broker told the Group that the owners of gold being trafficked do not travel themselves but use couriers who fly to Dubai to deliver the gold to buyers there. The two sources added that couriers can operate easily because they bribe customs and security officers at Entebbe airport” (…) “Two Ugandan nationals working for two airlines operating from Entebbe informed the Group that they are not requested to check gold in hand luggage. In the course of its current mandate, the Group held discussions with senior officials of eight airlines operating in and out of the Great Lakes region, who said that their primary role in checking passengers was to make sure no one was carrying anything that could jeopardize the security of the plane, a policy focusing almost entirely on weapons and explosives. The Group is of the view that gold transported on commercial aeroplanes should not be banned as it represents a key form of export for responsible artisanal and small-scale mining activity that observes the requisite due diligence guidelines. However, there is a need to address the loopholes related to the illegal transportation of gold carried in hand luggage on commercial aeroplanes” (P: 24, 2018).

Clearly, the illegal trade of gold should be looked into and be a worry for the international community, as the is funding militias and illegal activity within the DRC. This should not be overlooked, the clear indication of smuggling gold and also not registering the conflict minerals. Therefore, this is sophisticated and using all means to bribe lower level civil servants on both sides, to secure the trade of this can go-on. Both republic’s can do something about this, if they cared or had incentive to do so. However, they seem pretty fine and dandy with this activity. As the state and the close connected activity with the elites who are sponging the funds made from it.

That is why even President Museveni was there for the opening of the Gold Refinery in Entebbe. That shows that the Republic have no trouble with illegal smuggling of gold from the DRC. Peace.

Reference:

United Nations Security Council – ‘ Final report of the Group of Experts on the Democratic Republic of the Congo’ (04.06.2018).

RDC: Province du Sud-Kivu – “Objet: Demission” (08.06.2018)

RDC: Ensemble – Conference de Presse du Vice-President de “Ensemble pour le changement” du 04 juin 2018 (04.06.2018)

Communique on the Meeting between the Chairperson of the Commission of the African Union and the Minister for Foreign Affairs of the Democratic Republic of Congo (04.06.3028)

Opinion: Is Kabila planning a diarchy?

Calvin is hammering nails into coffee table.

Mom: CALVIN WHAT ARE YOU DOING TO THE COFFEE TABLE?!?

Calvin: Is this some sort of trick question, or what?”Bill Watterson

Merriam-Webster explains diarchy as “a government in which power is vested in two rulers or authorities”. This means that Majorité Présidentielle (MP) and the People’s Party for Reconstruction and Democracy (PPRD) the ruling party will put someone they trust, as they plan to current President Joseph Kabila as the Vice-President. While their stooge for a term and trusted bedfellow will rule one term from the beginning of 2019. President Kabila’s second term was supposed to end on 19th December 2016. That has however not happened, as he is still the almighty President and shown no signs of stepping down.

That is why the reports that M.P. are planning a tandem leadership, a dual leadership, one where they keep Kabila as a high ranking and top official, while having a stooge in on top for a term. That so they legally make sure Kabila can run for his “fourth term”, when the stooge term has ended. Since technically Kabila is done with third term and sort of started his fourth. Even as he just been elected through the polls twice. Kabila came first to power in January 2001, but was first elected in 2006 and ran again 2011. The last one, which he is still clinging on too.

The magic second stooge, whose will be part-time President, before ushering in an official third term for Kabila is either Matata Ponyo, Adolphe Muzito or Olive Lembe. That is if the reports are true and the rumors are real. If so, then Lambert Mende should be insulted. Also the MLC President and jailbird Jean Pierre Bemba, who was the last VP until the Constitutional Changes.

But if they do this and tries to figure this out, then they are still risking the Republic. AS they are thinking that the Republic cannot be ruled without Kabila and the M.P. Like there is no other party, which has the possibility to reign. This is risky as they have to really trust in the other candidate that they pull up and that one will step down. To again let Kabila run. The person could also create issues and no will to step down. As none in the state has done that, without eating a bullet.

We don’t know if this is a real plan or not, if they are planning to use CENI and the Constitutional Court to legalize this. They are surely using all tricks, maybe even first using Kabila as pawn to stall for time as the main candidate for M.P. The party might do other foolery, they might use other tricks. But the tandem leadership makes sense. As this would give Kabila space to take total control like Putin has done in Russia.

This would also put relief and stop the sanctions, this would give the regime a break. As they need to bleed the money out of the country and make deals, which the central government head honcho’s eats from, but leave nothing left to the Republic itself. That is what the M.P. wants and to secure the future of Kabila. They are only doing this in self interest and that why Kabila is still there. Lingering like a leach to power.

This story does not die, because Kabila isn’t planning to go anywhere. He wants power by any means. That is proven by now. Peace.

RDC: Declaration No. 001/2018 De La SYMOCEL Appellant a la Consience Citoyenne Pour un Processus Electoral Inclusif (30.05.2018)