Thursday 5 July 2007

Rapport pour la révision de contrats miniers en République démocratique du Congo

4 comments:

Anonymous said...

CRIMINAL CHARGES AGAINST METOREX LIMITED AND PARTNERS AFTER METOREX PAYS A CONVICTED CRIMINAL R370 MILLION FOR THE DRC RUASHI MINING LICENSE WITH THE CO-OPERATION OF THE DRC GOVERNMENT:


The saga between Identiguard International and Metorex Mining a LONDON STOCK EXCHANGE(LSE), JOHANNESBURG STOCK EXCHANGE(JSE) NEW YORK STOCK EXCHANGE(NYSE) LISTED COMPANY, has made a nasty turn as Identiguard has laid a total of 39 criminal charges against the Board of Directors of Metorex Ltd, Simon Malone, Charles Needham, R.Still, E.Legg, k. Spencer, A. Laughland and A. Barrennechea, the Directors of Ruashi Holdings (Pty)Ltd which is Simon Malone, Charles Needham and Douw van der Merwe Viljoen, the Director of Sentinelle Global Investments (Pty)Ltd Mr.D.VD.M Viljoen, and the Shareholders of Sentinelle Global Investments which included the notorious convicted criminal Niko Shefer the mastermind behind the DRC Ruashi transaction, Shefer`s long time Attorney Mark Estratiou who holds together with Shefer powers of Attorney in Shefer`s family Trust, and the Representative of Gecamines.


Identiguard International admitted when contacted, that the company has registered a case containing over 260 documents at Rosebank Police, Case number 211/05/2007 on 21 May 2007, amongst these charges is possible Offences in terms of Act 61 of 1973 the SA Companies Act which includes making possible misleading statements to its Investors, possible Offences in terms of Act 38 of 2001 the Financial Intelligence Act, possible Offences in terms of Act 94 of 1992 the Corruption Act, possible Offences in terms of the Foreign Exchange Control Act, Obstructing and Defeating the Course of Justice, possible Offences in terms of the Criminal Procedures Act, Act 51 of 1977, possible Offences in terms of the Consumer Affairs Act, Act 94 of 1992, and referred the interviewer to the SAPS Directorate of Public Relations for further comments.

Identiguard International has obtained a High Court Order against Metorex Ltd, Ruashi Holdings (Pty)Ltd, Sentinelle Global Investments (Pty)Ltd and Gecamines the DRC State Mining Company in February 2006 that a Forensic Audit must be conducted into the affairs and the DRC Ruashi Transaction to establish the relationship between the Respondents, and whether any of the Respondents has to make any payments to the DRC Government in terms of Royalties and Taxes, as Identiguard has a High Court Judgment against the DRC Government obtained in 2003 and served Rule 45(12) Garnishee Orders upon the Respondents.



What makes this case significant according to Identiguard, is that Metorex has made several statements to the Press, Media and the official Metorex website, on the JSE and LSE that Metorex has concluded an Agreement with the DRC Government, Gecamines and Sentinelle Global Investments to mine the DRC Ruashi Stockpiles, Metorex even released a Circular to the Shareholders in which the same statement were made.


Also confirming Metorex statements, on the other hand in November 2004 Niko Shefer were arrested by the Director of Public Prosecutions for fraud and theft and in his bail application Shefer himself stated that he needed to be released on bail as he was in the final stages of putting together the principle heads of agreement between Cobalt Metals Company (Shefer`s company), the DRC Government, Gecamines and Metorex Limited for the DRC Ruashi Stockpiles.

Niko Shefer has previously defrauded several Investors and after being confronted by these aggrieved Investors who has formed a consortium known as AM3 Investors or African Metals & Mining, Shefer promised them shares in the DRC Ruashi Stockpiles through his company Cobalt Metals Company (CMC), AM3 Investors claimed R60 Million from Shefer and Metorex Limited has afterwards came to a settlement agreement with AM3 Investors on behalf of Niko Shefer who refused to pay them after he received money from Metorex and became a embarrassment for Metorex when AM3 Investors openly cornered Metorex in their last Shareholders Meeting and threatened Metorex to go public and to the press with the whole Niko Shefer issue.


Amazingly CEO of Metorex Charles Needham filed a sworn affidavit in the Identiguard vs Metorex & Others high court case in which affidavit Charles Needham categorically denied that Metorex has ever concluded any agreement with the DRC Government, the total opposite what Metorex told their Investors, and Needham fully representing and stating on behalf of the Metorex Board of Directors also declared under oath that Metorex and neither any of the other Respondents will ever have to pay any Royalties and/or Taxes to the DRC Government.

Stunned by this statement the very same Charles Needham has made five months after this court case, again another blunder misleading statement in an internationally press statement regarding a BBC News report on child labour at Ruashi Mine in which the very same Charles Needham again spoke and stated on behalf of the Metorex Board of Directors in which Needham openly then stated…., Metorex is making a significant contribution to the National Treasury in terms of Royalties and Taxes..,, referring to the DRC Government, this after Needham stated under oath and declared Metorex has no obligation toward the DRC Government to pay Royalties and Taxes.


Identiguard claims that although KPMG were appointed by Identiguard and the Four Respondents to conduct the forensic audit as per Judge W.R.C Prinsloo`s court order, the forensic audit were cleverly frustrated by the Respondents so far so that more than 15 months has passed and nothing has been investigated and with no co-operation from the Respondents, Identiguard claims that Charles Needham and the new Metorex Lawyers after Metorex fired Shefer`s Lawyer Mark Efstratiou to represent Metorex further, gave KPMG certain documents which Identiguard claims was given to KPMG after a frustrating meeting between Identiguard and Metorex in an attempt to resolve the issue but were more an attempt by Metorex trying to confirm Metorex case according to Needham`s affidavit to Identiguard.

Identiguard claims that they have discovered through an intensive investigation certain documents and then again requested KPMG, Metorex and their Lawyers to inspect the documents Metorex initially gave KPMG, they were then refused access to these documents and yet again frustrated by the forensic audits process.


Identiguard claims that the forensic audit will not serve a purpose anymore as after 15 months more could have happened on mysterious ways as likewise in the Metorex DRC Ruashi, Niko Shefer Transaction.

Identiguard stated that certain actions that has occurred, and certain documents obtained during their investigation, caused them to report the case to the SA Police for investigation as it seem that it is definitely in the public, investors interest to report the possible offences committed.

.It is documented in a previous court case of Niko Shefer that a case of fraud were laid against Niko Shefer by a Complainant and that the case docket vanished and after the Scorpions raided Shefer `s residence in another separate fraud and theft case in 2004 that original case docket were discovered in a concealed safe in Shefer`s house and it was found that Shefer has bribed a police officer of the Commercial Crimes Unit in Johannesburg, to give him this docket.

Identiguard claims that the charges laid against Metorex and Shefer were not even 6 hours with Rosebank SAP and Shefer were mysteriously informed by his sources within the SAP that criminal charges were laid against him.

Identiguard wished not to disclose the full contents of the charges as they are very serious charges, and certain documents were handed in with an affidavit, which is at present evidence with the SAP , but revealed that amongst the more or less 280 pages of annexed documents to their affidavits, were some evidence that Niko Shefer paid Gecamines $2 Million USD as an advance to royalties long before Metorex started to mine, this $2 Million USD came from the first payment of $2,5 Million US Dollar Metorex made to Sentinelle Global Investments, it seems very questionable why Shefer himself made this $2 Million USD ,advance payment for royalties to Gecamines as Sentinelle had no responsibilities to make payments to Gecamines.



In one other document handed to the SA Police, Niko Shefer corresponded to an co-employee of Cobalt Metals Company (CMC) in which Shefer stated the following…,,



there must be some seriously pissed-off investors, I think overseas of the 200 million US Dollars in missing shares,,,…



this certainly will make any investors hair stand up straight and very scared as Metorex has never revealed to their Investors that Niko Shefer a convicted criminal who has defrauded the old Trust Bank of R47 Million were the man behind Sentinelle Global Investments, and after the finalization of diluting the shares of Sentinelle in Ruashi Holdings, Metorex has remunerated Shefer via Sentinelle Global Investments a total of R327,000,000-00 (Three Hundred and Twenty Seven Million Rands) in total to eventually have the sole rights for the DRC Ruashi Stockpiles, after Metorex claimed in a sworn affidavit that Metorex has no Agreement with the DRC Government, somebody had to pay the DRC Government for the DRC Ruashi Mining Rights, was this Shefer or Metorex through Shefer?


Niko Shefer were mentioned in the 2003 UN Security Council Report of the Exploitation of the Mineral Wealth of the DRC Congo, he was invloved in the PONZI SCHEMES of the Greter Ministries International Church, a friend of Liberia`s Charles Taylor ( read www.publicintegrity.org - click in search ..THE ADVENTURE CAPITALIST), the question remains why has Metorex never revealed Shefer`s identity to its investors, the obvious question then is how can Metorex finally pay Shefer via Sentinelle Global Investments a total of R327 Million, nearly R77 Million more that what Metorex told its Investors on the JSE and LSE they needed to raise to fund the DRC Ruashi Project, as Metorex stated in its Circular it needs to raise R250 Million Cash to fund the DRC Ruashi Project.



Shefer who were struck and in terms of the law forbidden to be a Director of a company or Act as a Director of a company already in 1994 and were found guilty again on 25 October 2006 in the Pretoria High Court in a plea-bargain with the State of acting as a Director of several companies, mostly companies that caused innocent investors to loose millions like Tandan Holdings, this after his 1994 sentence of six(6) years in prison, it seems that nothing stops Shefer to do his wheelings and dealings.

Shefer in the Metorex DRC Ruashi transaction were the CEO of Cobalt Metals Company, a letter signed by Shefer as CEO of Cobalt Metals Company a document as evidence in the charges laid against Metorex and Shefer, Shefer himself addressed to AM3 Investors and signed the letter as CEO of Cobalt Metal Company on 20 August 2003.


Metorex had Shefer as their partner and must have known Shefer had previously defrauded investors , as Metorex afterward held talks with Shefer`s AM3 aggrieved Investors. Simon Malone, Charles Needham and Rob Still of Metorex, finally came to an agreement with Shefer`s aggrieved investors who claimed R60 Million from the DRC Ruashi Mining Project.

Sentinelle Global Investments were the perfectly structured corporate veil to hide Shefer`s identity from Metorex investors, the general public and people previously defrauded by Shefer, as Shefer`s accountant D.V.D.M Viljoen of Ashton Chartered Accountants in Pretoria were made a Director of Sentinelle, but the Shareholders of Sentinelle were Shefer`s family Trust, the Taniko Trust and Viljoen`s family Trust the Villon Trust holding a small share in Sentinelle, Shefer could deal and transact now undisclosed without fear behind the scenes of Sentinelle with Metorex and yet again disobey the law.

It is highly questionable why Metorex will go as far as paying a convicted criminal the staggering amount of R327 Million as an ,,advisor, for the DRC Ruashi Project, on the other hand furiously under oath deny that Metorex has concluded any agreement with the DRC Government, and in terms of the DRC Mining Law huge amounts of monies must be paid to the DRC Government to obtain the rights for a Mining License and afterwards when mining starts royalties and taxes, who paid the DRC Government then this huge sums to obtain the mining license, Metorex has 80% shares in Ruashi Mining sprl as DRC registered company and the remaining 20% shares belongs to Gecamines 15% and 5% shares to the DRC Government.

If one takes the staggering amount of R37 Million paid to Niko Shefer in consideration the question raises then, did Metorex list extra-shares for cash on the JSE, and got public investors monies to fund a convicted criminal who had the Ruashi mining license in his company CMC, and to pay Shefer `s creditors whom he has defrauded in the past?


Various articles has been released in the press recently that the DRC Mining Licenses issued to mining companies before the first democratic elections of the DRC will be investigated and reviewed by institutions like the Carter Foundation, Bretton Woods Foundation, the World Bank and Global Witness Foundation, will the DRC Ruashi Mining License be under investigation and review as well now that Shefer`s involvement is in the open?, should the staggering amount of R327 Million not have been a major contribution for the DRC Citizens in projects for housing or feeding the poorest of the poor in the DRC instead of in the pockets of a known convicted criminal?

Public companies especially those listed on the Johannesburg Securities Exchange is those who must be trusted by the public of South-Africa, those up in the corporate world that can be trusted, free from connections with known criminals who has a long history of defrauding innocent members of the public, is it morally acceptable that Metorex could hold hands with such a criminal and even assist him in his operations and even pay him staggering amounts of money?

Anonymous said...

I just need to see this lousy Niko Shefer, he made me suffer, I also want to make him suffer. He robbed me & I won't forgive him for what he did. He is not larger than life, but one thing for sure, his day will come. Shefer you are a dog & I hate you.

Anonymous said...

David slew Goliath using a sling & the stone, who's Shefer. He is a lousy hypocrite who makes a living out of other people's hard earned cash. His will bite the dust in no time. To be honest, I hate the guy.

akrotiri said...

So, who in the South African Government are protecting this network of fraud Companies who's only claim to fame are running Mining Claims that never seem to go into production, end up de-listing on various International Stock Exchanges and costing the common public shareholders their investments.

Try looking at Braemore Resources and their fronting ANC Christian Family Directorship relationships.

Try following the links to Metorex Ltd and Robert (Rob) Still back to the CANADIAN TSX VENTURE Exchange under a Company named GREAT BASIN GOLD LTD.
That's one of his listed Companies under the heading of KIMBERLEY RESOURCES NL along with some of his fellow directors, JOHN STRATTTON and MILES A KENNEDY incorporated in CANADA and AUSTRALIA.

Directly linked to the biggest criminal Money Laundering Individuals and Thai Banking Collapses.
Personal Financial Sponsors of Bill Clinton and George Bush.

That's why this criminal network are being given blanket protection.

The other directors in GREAT BASIN GOLD LTD lead to the massive network these belong to, all incorporated as Fraud Fronts, with worthless mining claims of cast off Care and Maintenance mines, flooded, abandoned, mineral stripped and gutted piles of junk All being operated as an Organised Criminal Network to defraud millions of unsuspecting Public Shareholders who cannot see these Companies and their Directors are in fact one common entity, structured for one purpose only.

FRAUD

Number of visits:


View My Stats