RDC: Rassemblement communique du 20.10.2016

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Statement attributable to the Spokesman of the Secretary-General on the Democratic Republic of the Congo [scroll down for the French version] (19.10.2016)

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The Secretary-General takes note of the conclusion of the national dialogue in the Democratic Republic of the Congo (DRC). He commends Edem Kodjo, the African Union Facilitator for the dialogue, as well as participants to the talks for their work and commitment towards a peaceful solution to the crisis in the context of the electoral process.

The Secretary-General hopes that the implementation of the agreement will contribute to a more conducive climate for the respect of fundamental rights and freedoms essential to political debate and credible elections. He urges the Government to remain actively engaged with all political stakeholders, including through continued confidence-building measures. These include in particular the further release of political prisoners and respect for the right to peaceful assembly and freedom of expression. He also calls on political groups who were not part of the national dialogue to seek to resolve their differences peacefully.

The Secretary-General reiterates the crucial importance of peaceful and credible elections for the stabilization and consolidation of constitutional democracy in the DRC, in keeping with the Constitution and the African Charter on Democracy, Elections and Governance.

Déclaration attribuable au porte-parole du Secrétaire général sur la République démocratique du Congo

Le Secrétaire général prend note de la conclusion du dialogue national en République démocratique du Congo (RDC). Il félicite Edem Kodjo, le facilitateur de l’Union africaine pour le dialogue, ainsi que les participants aux pourparlers pour leur travail et leur engagement envers une solution pacifique à la crise dans le contexte du processus électoral.

Le Secrétaire général espère que la mise en œuvre de l’accord contribuera à un climat plus propice au respect des libertés et droits fondamentaux essentiels au débat politique et à des élections crédibles. Il exhorte le gouvernement à rester activement engagé avec tous les acteurs politiques, notamment en continuant d’adopter des mesures de confiance. Celles-ci comprennent en particulier de nouvelles libérations de prisonniers politiques et le respect du droit de réunion pacifique et de la liberté d’expression. Il appelle également les groupes politiques qui ne faisaient pas partie du dialogue national à s’employer à résoudre leurs différends de manière pacifique.

Le Secrétaire général réaffirme l’importance cruciale d’élections apaisées et crédibles pour la stabilisation et la consolidation de la démocratie constitutionnelle en RDC, conformément à la Constitution et à la Charte africaine de la Démocratie, des Elections et de la Gouvernance.

New York, le 19 octobre 2016

RDC: “G7 communiqué de presse concernant journée Ville Morte” (19.10.2016)

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RDC: Le President en Exercice de L’Union Africaine, son Excellence Idriss Deby Itno, President de la Republique du Tchad, se Felicite de la Signature de L’Accord Politique en Republique Democratique du Congo (19.10.2016)

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RSA: Oakbay Responds to Application by Minister of Finance (19.10.2016)

Pravin Gordhan Rescue

JOHANNESBURG, South Africa, October 19, 2016 Yesterday afternoon, van Der Merwe Associates (“VDMA”) notified the Minister of Finance’s attorneys of their client’s (the Oakbay Group of companies) (www.OakbayInvestments.co.za) intention to oppose the application issued under case number 80978/16 on 14 October 2016 – unless the Minister of Finance withdraws the application and tenders costs by this afternoon – Wednesday 19 October.

VDMA’s letter noted that the Minister of Finance’s affidavit implicated its clients in inappropriate and unlawful conduct. The affidavit also insinuated that VDMA’s clients would “expose the fiscus not only to loss of tax revenue but also put the burden of mining rehabilitation on the fiscus.” which VDMA noted was “uncalled for, malicious and nothing but vexatious.”

VDMA’s client disproved this earlier this week with evidence of the transfer of the Optimum Rehabilitation Trust Fund from Standard Bank to Bank of Baroda, which followed a request by Advocate Thuli Madonsela on 4 October 2016.

VDMA advised its client to oppose the Minister of Finance’s application, obtain all the necessary information from the relevant role players and ask for punitive costs order against dismissal of the application.

VDMA’s letter also stated that the Minister of Finance’s letter has been launched with the financial resources of the tax payer. VDMA’s client does not dispute that Minister of Finance’s is not by law compelled or obliged to intervene in the relationship between VDMA’s clients and the commercial banks. However, VDMA noted that to spend tax payers’ money in “a reckless and inappropriate manner” would constitute a contravention of the provisions of the Public Management Act, No.1 of 1999 – which would warrant “further action against those officials responsible for same.”

Furthermore, VDMA noted that:

“In order that we do not expose the fiscus unnecessarily to costs we propose that the application be withdrawn” – that the Minister of Finance’s application is withdrawn and that the Minister of Finance’s tenders VDMA’s client’s costs, before close of business on 19 October 2016.

VDMA reiterated that the purpose of its letter was to offer the Minister of Finance the opportunity to save taxpayers money.

VDMA also noted that its clients “would like” to put their formal version before court since the Minister of Finance has chosen that forum, so if the application is not withdrawn then “the matter must proceed and we will gladly do the necessary in order to restore the misrepresentation created by the papers.”

VDMA concluded its letter by noting that the Minister of Finance had made “defamatory and untrue remarks towards members of the Gupta Family by insinuating that they have been involved in inappropriate conduct” and that “their rights remain strictly reserved.”

This morning, attorneys for the Minister of Finance declined the offer to withdraw the application and tender COSTs.

RSA: The State Versus Oupa Magashula, Visvanathan (Ivan) Pillay and Pravin Gordhan (17.10.2016)

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Ajay Gupta and Oakbay Investments Delighted with Affidavit from Pravin Gordhan (18.10.2016)

Two and Half Gupta

JOHANNESBURG, South Africa, October 18, 2016 – Gupta Family lawyer, Van Der Merwe Associates, releases a statement on behalf of Mr. Ajay Gupta and Oakbay Investments (www.OakbayInvestments.co.za) in response to the affidavit from Pravin Gordhan.

Highlights include:

  • The Gupta Family (as majority shareholders) and Oakbay Investments are delighted to have been cited as respondents to the application from the Finance Minister. At last, the Gupta Family and Oakbay can begin to formally clear their names. They thank him for this opportunity
  • The Finance Minister’s application is being considered by lawyers for the Gupta Family and Oakbay and will be dealt with in full – each and every entry
    • Six transactions (totalling R4,096 billion) refer to the Optimum mine before it was under Oakbay’s control and so were not transacted by Oakbay or the Family
    • 24 transactions (totalling R325 million) are perfectly legitimate, are in the normal course of business and are not suspicious in any way
    • Five transactions (totalling R1,698 billion) relate to Oakbay Resources and Energy, the listed entity. These are perfectly legitimate and all information is being supplied to its auditor, SizweNtsalubaGobodo, for review
    • Another 20 vaguely refer to ‘multiple transactions’ that makes any further analysis impossible without further detail from the Finance Minister
    • The remaining 17 transactions (totalling R719 million) were also all for legitimate purposes and are absolutely not suspicious. We will disclose these transactions in full, once the full analysis has been completed
    • All of the 72 transactions were approved and cleared by the respective banks processing the transactions
    • The fact that all transactions were approved is acknowledged in the attachment to Minister Gordhan’s application‎, in the form of a signed letter from the Deputy Governor of the Reserve Bank
    • None of the transactions related to Oakbay or the Family, which are over a five year period,  were flagged to the FIC as suspicious. To put this in context, the FIC’s own 2015-16 Annual Report showed that 98,054 transactions in that year alone were flagged as suspicious by the banks (i.e. STRs)
    • One of the largest transactions flagged in Minister Gordhan’s application was the transfer of the Optimum Rehabilitation Trust’s Account (over R1.3 billion) from Standard Bank to the Bank of Baroda. Yesterday, we proved this was bona fide and approved by all relevant authorities (pdf attached). The transfer occurred because all of Oakbay’s accounts were being closed
    • Whilst we thoroughly welcome this application, it is undiluted nonsense and appears to be little more than the usual political games

    To reiterate, we are delighted to have received this application. The truth always comes out in the end and we look forward to clearing our name in court.

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RDC: Communiqué de la Majorité Présidentielle après l’accord trouvé à l’issue du dialogue national (17.10.2016)

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RDC: Communique du Presse No.04/C.C.O, G7 du Butembo 2016 – ‘L’Appel du Rassemblement…’ (17.10.2016)

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RDC: Communique de presse du Facilitateur Edem Kodjo – La Pleniere du Dialogue National Inclusif adopte un Accord Politique (17.10.2016)

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