Jim Sinclair threatens to take legal action against Magufuli’s govt if it goes ahead with its plans

Adili

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Nov 3, 2007
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A Canadian-based mining company has threatened to take legal action against President John Magufuli’s government if it goes ahead with plans to retake operations of the Buckreef Gold Mine owned by State Mining Corporation (Stamico).

The Tanzanian Royalty Exploration Corporation (TRE) alleged in its statement this week that artisanal miners had occupied the Buckreef project in Geita Region following a go-ahead speech delivered by Deputy Energy and Minerals Minister, Dr Medard Kalemani last month.

The statement signed by TRE President and Chief Executive Officer, James Sinclair described President Magufuli’s government as being naïve of international contracts.

“We expect to bring these matters to a successful resolution, as these developments have been initiated by the new government apparently not familiar with the international contracts that exist between companies and their country,” said the statement of the Toronto Stock Exchange listed company which owns huge tracts of claim titles in the Lake Victoria Greenbelt Zone.

The statement further noted that Sinclair’s management intends to file various other legal actions with other ministries in connection with its mining and exploration equipment on the site of the Kigosi Mining License which is in good standing.

“In no case would any government official issue a letter to us concerning their verbal orders denying us access to the Kigosi site,” the statement stressed.

TRE claims to have invested $71m in the country and is 99 per cent a local company with a positive history in the mining sector.

“Our first income in Tanzania just occurred by order of the Deputy Minister to smelt a modest amount of gold held in the steel wool and metals container,” the company’s CEO noted.

Dr Kalemani visited Geita in December when he discovered that TRE had done very little to develop the disputed gold mine since entering into joint agreement with Stamico in 2013.

“I am giving you 14 days to start delivering on your agreement or risk being expelled,” he sounded the ultimatum in implementing President Magufuli’s campaign promise on utilization of idle land, mines and former state enterprises privatized to investors, or else be repossessed.

Treasury Registrar Lawrence Mafuru has already demanded progress reports on implementation of agreed privatization contracts from such companies for his office to probe on whether the investors have kept their word.

In a statement released in January 2014, Sinclair and the company’s Chairman, Joseph Kahama said mining work at the Buckreef project had started in December 2013.

“Not only have we demonstrated that heap leaching represents a viable gold recovery option at Buckreef, the cyanide soluble leach assay data will allow us to better map and quantify recoverable gold for the substantial resource blocks not only for the Buckreef South Pit,” Sinclair said.

In reaction, Kahama was equally excited saying the analytical assay results from the leachant that continues to be generated from the Buckreef mine which the company jointly owns with Stamico, are encouraging.

“The Buckreef south pit deposit to heap leaching is typically lower in capital and operating costs than other gold recovery methods,” Kahama noted.

SOURCE: THE GUARDIAN



Sinclair's statement:

My Dear Extended Family,

With the arrival of Tanzania's new administration, the ministerial staff were sent to mining companies, especially those owned by non-Tanzanian companies. They made demands that were not bound by law or contract, threatening us all. The Deputy Minister of Mining gave a speech to the local village and illegal miners saying that he had given us 14 days to hand over land to them to be mined, which we had already done when we offered them their choice of 3 parcels, one of which they were already on. On the 15th day, two hundred people came over the fence demanding more property. If we took no action and let 200 remain, there would be, as happened at Bulyanhulu, 20,000 more coming.

With the new government treating us all rudely via the Deputy Minister inciting riots by his pubic pronouncement, I had no viable option but to instantly declare Force Majeure against the government. In Sub Sahara Africa if you are hit you have no choice but to get up and hit back. If you don't you are finished. You must fight instantly or you will be picked on until you give up whatever you have. I am not sure it is too different here, just more refined.

The rule in Africa is you have to put the illegal miners off your property the first day they arrive. If you don't, 1 turns into 5, 5 turns into 20, and then that 20 becomes 20,000 and you are cooked. When the invasion grew to 200, I had to take an instant, loud, public and serious action. The interlopers were escorted out.

We do not owe Stamico one cent as that was triggered by actions on their government's part that can only be understood in terms of the movie "Lord of the Flies."

We are still not able to exercise our full mining license on the Kigosi property due to the whim of a single Minister. We had refused to pay cash to his representative late in the last administration in order to get access.

To add to this, a Chinese national mining company lusts for Buckreef. They are a modern form of the historical claim jumper willing to pay anyone corrupt inside or outside of the company if it helps them get what they want. We believe Buckreef represents billions, even at today's prices.

People seem to think incorrectly that Force Majeure is something the government did to us, but it is something we declared against the government of Tanzania which we will arbitrate in London as per our contract provisions. Force Majeure gets a government's attention as it hits directly into the claim of welcome to investors and offers protection to non-Tanzanians conducting business in the country. Force Majeure freezes all company obligations payable until the issues are resolved and protects all licenses and permits as property in this case of TRX, the parent. I had absolutely no other option but to use the most powerful defense weapon in international mining as a tool provided in our contract. The alternative would have been to simply surrender, which would be the beginning of a very quick end. I had to go nuclear in the mining industry terms instantaneously.

London arbitration is fair and our claims of no funds due to Stamico are solid. Stamico stands for the State Mining Company run by the Tanzanian government. These proceedings are governed by international law, not local law.

We issued a detailed release on this subject and two additional items earlier this week.

Stockholders looking at the market ran to the internet chat sites where information is always somewhat dicey and position profit motivated.

In the best interest of protecting the company assets, a week ago I pushed the "Force Majeure pause button" protected by contract based on international, not Tanzanian, law and opted for binding arbitration in London while taking my staff temporarily out of harm's way. Stamico themselves publicly announced the imposition of Force Majeure with rather cordial words.

As a result, our expenses are now under $100,000 per month and we have gold on the pads. The mine is protected by uniformed armed guards that were previously Tanzanian special forces. They are trained to protect.

It is my long held, firm belief that the price of gold is headed much higher, making the recent multiyear decline not a gold bear market, but rather a simple reaction in the gold bull market of all time that will be seen reaching prices that most gold analysts cannot even imagine.

If you as a gold company had nothing you would never have a single problem. If you are a gold company of significant merit you must fight a vicious war 24/7 until cashed high enough to be a force yourself.

Nobody bothers claim jumping a piece of junk. Nobody organizes to create mass hatred using modern communication methods without a defined motive. Nobody attacks a market with such professionalism except to attempt to cut off financing, thereby rendering the company an easy hostile takeover target.

This is a business requiring instant decision making processes driven by the constant willingness to act instantly to protect itself under international law and therefore to the best interest of its family of investors.

Best wishes,
Jim Sinclair
 
This is our land, we can make decision the ways we want merit based to Tanzanians who have the ownership of this land by 100%.

Anybody feels not matched to our governance means of decisions can leave and go back, for many years indigenous have never been benefited from our natural resources simply because of weak and poor leadership.

Now is our turns......you feel mistreatment and unsatisfactory. ...leave and go back ....your noise has no chance .......is our land....Our natural resources and we have the Wright to decide in every and either case.
 
This is our country this is our resources,we have powers to decede who to benefit if they don't won't let them go we can not be slave to the resourses god geven us,
Thes are exploitative company
 
Very very interesting...
deputy minister anaetajwa hapa ni yule Kalemani?mbunge wa Chato?

hala wawakilishi wa waziri alieomba pesa wa zamani ni yupi?
Muhongo au Simbachewene?

Magufuli yuko ready na hii vita?
ataiweza?
 
This is our land, we can make decision the ways we want merit based to Tanzanians who have the ownership of this land by 100%.

Anybody feels not matched to our governance means of decisions can leave and go back, for many years indigenous have never been benefited from our natural resources simply because of weak and poor leadership.

Now is our turns......you feel mistreatment and unsatisfactory. ...leave and go back ....your noise has no chance .......is our land....Our natural resources and we have the Wright to decide in every and either case.
Halelujahhhh.....
 
"I had absolutely no other option but to use the most powerful defense weapon in international mining as a tool provided in our CONTRACT .The alternative would have been to simpy surrender,which would be the beginning of a very quick end . I had to go nuclear in the mining industry terms instantaneously"

Ndio maana tunaomba serikali yetu iweke mikataba ya hawa wawekezaji wazi kama hivi ni kwenye dhahabu je kwenye Gesi na mafuta itakuaje ??

Kuna ulazima wa bunge kuishinikiza serikali kupeleka mikataba yake yote bungeni kuipitia upya ,NAOMBA ALIYE ELEWA HAPO ASAIDIE KUNIELEWESHA
 
Ndio ni nchi yetu, lakini msisahau tuliingia mikataba ya kishenzi. Hii ndo jeuri yao, watakimbilia mahakamani ulaya then mtalipa.

Maana ya vita nikuamua na kupambani nikujitoa mhanga kwa lolote.

washenzi wachache wametuuza hivyo lazima tuwe napakuanzia.

tukizidiwa tunahamishia majeshi ya ushirikiano mashariki.

hawa wazungu washenzi. lazima tupambane maana wametuibia sana inatosha kupitia ujinga wa viongozi wetu.
 
Tusijidanganye ni nchi yetu wakati tayari kuna mikataba mibovu imeingiwa ambayo hatuwezi kubabadua

Tanzania sio taifa dogo.....lazima tujifunze ujeuri.....watatulalia mpaka lini?

Nikweli tumeingizwa kijinga na walafi wachache kupitia mikataba ya hovyo....

Je tuwaaache wandelee kutuibia waziwazi?.....hapana lazima tuwe napakuanzia .......mali nizetu kuwaacha itakuwa ni zaidi ya ushenzi...ujinga na upumbavu.

Tunahitaji viongozi jasiri watuongoze kwenye mapambano haya.

Akina mkwawa, Abushiri nawengineo walikufa kupigania haki yetu....tusiogope.
 
Kwanza, Serekali itaingia gharama kubwa kulipa hizi kampuni ambazo tumeingia nazo makataba mibovu.

Pili, Ukivunja nao mkataba unafkiri kuna kampuni gani itakuja kuwekeza Tanzania kama serekali yenyewe haina msimamo?

CCM wameshaamua kuuza hii nchi hata mikataba iwekwe wazi bungeni haitasaidia. Ccm ndo majority bungeni hapo tundu lissu na zitto watapiga kelele ila mwisho wa siku CCM watafanya watakalo coz wako wengi.

WATANZANIA TUKUBALI TU 2015 TULIRUDIA MAKOSA
 
This is our land, we can make decision the ways we want merit based to Tanzanians who have the ownership of this land by 100%.

Anybody feels not matched to our governance means of decisions can leave and go back, for many years indigenous have never been benefited from our natural resources simply because of weak and poor leadership.

Now is our turns......you feel mistreatment and unsatisfactory. ...leave and go back ....your noise has no chance .......is our land....Our natural resources and we have the Wright to decide in every and either case.
Not if we signed a contract saying that disputes have to be settled in London.
 
Very very interesting...
deputy minister anaetajwa hapa ni yule Kalemani?mbunge wa Chato?

hala wawakilishi wa waziri alieomba pesa wa zamani ni yupi?
Muhongo au Simbachewene?

Magufuli yuko ready na hii vita?
ataiweza?

Nguruvi3 Pasco Nyani Ngabu JokaKuu Dark City Sibonike platozoom Salary Slip
G Sam
Naona umefurahi kwa kusoma tu comment yako, vita ataiweza tu maana Mumgu yupo nae!
Inasikitisha watu wazima kabisa "kusapoti" upuuzi wa kuuza nchi kisa wao ni upinzani hivyo ni kusali tu aliye madarakani ashindwe!
HII VITA WENYE NIA MBAYA WOTE MTAPIGIKA TU.
 
hii nchi sio yetu hii nchi ishauzwa, mbaya zaidi wengi wetu hatukupata mgao wa mauzo hayo ya nchi.
 
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