Now you see the old Fulvio would have reacted with a very nasty response to that totally uncalled for attack. But the new Fulvio wishes you nothing but peace, harmony and enlightenment you handsome (but self admittedly dumb) young man you.
Anyway, to the task at hand! In your last post, you make a truly astonishing statement:
Ministry of Energy and Mines has to approve all transfers of title regarding concessions in Venuzuela. The court can rule all they want to as to the validity of transfer. The overiding law states it must be approved. There have been two transfers here niether of which has been approved.
Hmmmm ... now let me see what we have in our little bag of tricks to counter that. Hey, here's something! This is the final judgement in Mael's first Supreme Court case:
JUDGMENT
For the foregoing stated reasons, this Appellate Division in Political-Administrative Matters of the Supreme Court of Justice, Administering Justice in the name of the Republic and by Authority of the Law, declares that the appeal for annulment filed by Attorney at Law Jes£s Garc¡a Arenas, in his capacity of representative of the business concern "INVERSORA MAEL, C.A." against resolution 29, dated on April14th, 1988, issued by the MINISTER OF ENERGY AND MINES, and communicated by means of official letter dated on April 29th, issued by the Director of Mines, IS LEGALLY JUSTIFIED. Accordingly, it is hereby ORDERED to publish in the Official Gazette of the Republic of Venezuela the NOTICE referred to in Article 15 of the Law of Mines, concerning the assignment of the concessions of alluvial gold mines denominated "Cristina Four (4)" and "Cristina Six (6)", made by citizen Ram¢n Torres to the petitioner company.
Just to clarify, this ruling states that the transfer of the title from R. Torres to I. Mael was declared LEGAL by the Supreme Court of Venezuela.
Now let me see. What else do we have here. Oh, here, have a look at this ... the judgement in I. Mael's second Supreme Court case:
Based on all of the considerations made, this Appellate Division of the Supreme Court of Justice, in the name of the Republic and by authority of the Law:
- DECLARES that the petition for approval of the waiver of Attorney at Law Jes£s Garc¡a Arenas, in his capacity of attorney of the business concern INVERSORA M EL, C.A., whereby he waives "...any effect in its favor..." of the judgment issued by this Court on this trial, dated on May 9th, 1991, is unfounded.
- DECLARES that the petition of the plaintiff attorneys, in their writing dated on May 16th, 1996, whereby they request for an order to be issued prohibiting the MINISTRY OF ENERGY AND MINES to pronounce with respect to the applications for concessions for the exploration and subsequent exploitation of alluvial and vein copper mines foreseen in Article 174 of the Law of Mines, within the same perimeter of the concessions denominated "Cristina Four (4)" and "Cristina Six (6)", is unfounded.
- ISSUES the Decree referred to in Article 524 of the Code of Civil Procedure, and ORDERS the execution of the judgment issued on this present case on May 9th, 1991, for the purpose that the MINISTRY OF ENERGY AND MINES voluntarily comply, within a Term of 10 juridical days counted as of the moment of being served notice of this present judgment, with its obligation of publishing in the Official Gazette of the Republic of Venezuela, the NOTICE referred to in Article 15 of the Law of Mines, concerning the assignment of the concessions of alluvial gold mines denominated "Cristina Four (4)" and "Cristina Six (6)", made by citizen Ram¢n Torres to the corporation INVERSORA MAEL, C.A.
Now, in this ruling, the Supreme Court got very ticked off that the MEM did not Gazette the afore mentioned transfer and told them in no uncertain terms to please do so. I guess the Supreme Court justices were led astray by the constitution of Venezuela which clearly states that the Supreme Court is the highest law in the land. Yes Shorty, even higher than the MEM! Ain't that a kicker?
Now let's see ... anything else? Well lookee here ... the judgement in Mael's THIRD Supreme Court case:
Based on the totality of the preceding considerations, this Administrative-Political Chamber of the Supreme Court of Justice in the name of the Republic and by the authority vested by the Law:
-ORDERS the enforcement of the judgment issued by this Chamber in this lawsuit, on May 9, 1991 and, in consequence,
-ORDERS so that it has the effects of the Notice referred to in Article 15 of the Mining Law, that the following is published in the Official Gazette of the Republic of Venezuela: (i) the judgment of this Chamber issued on May 9, 1991 in this cause, by means of which the appeal submitted by the company Inversora Mael. C.A. was declared according to law; (ii) of the judgment of this Chamber issued on October 16, 1996 in this lawsuit, by means of the pertinent enforcement was decreed; (iii) of this judgment of this Chamber; and (iv) of the document which runs in the records in certified copies to folae 15 to 18 back, protocolized before the Subalternate Registry Office of the Roscio District of Bolivar State, under number 35, folae 109 to 142 and back, of the First Protocol, Second Quarter of the year 1986, by means of which citizen Ram¢n Torres sells to the company Inversora Mael, C.A. all the rights and shares pertaining to the former on the alluvium gold mining concessions denominated "Cristina Cuatro (4)" and "Cristina Seis (6)", located in the Dalla Colsta Municipality (El Dorado), Roscio District of Bolivar State, whose boundaries are stated therein. It is so ordered.
Now in this case, since the MEM created a constitutional crisis by not complying with the Supreme Court, they ordered a special issue of the Official Gazette be printed giving notice of this afore mentioned transfer and making it official. Yes Shorty, the Supreme Court really is above the MEM in the pecking order! Again, ain't that a kicker?
And finally, the following is from an executive summary of what is REALLY currently before the Supreme Court (and not what Asensio and/or Shorty would have you believe):
4. Nature of Relief sought by Mael. In this proceeding, Mael seeks a court order declaring that various resolutions of Venezuela's Ministry of Energy and Mines passed during the period from 1989 to 1996 are invalid. Specifically, Mael has applied to have all the resolutions declared a "nullity". The purpose of the resolutions was either to extinguish Mael's title to the Cristinas 4 & 6 Concessions or else to grant title to those concessions to a state-owned corporation called Corporation Venezolana de Guayana ("CVG"). CVG along with Placer Dome Inc. are joint venture partners in Minera Las Cristinas, C.A. ("Minca"). Minca is currently exploiting the Cristinas 4 & 6 Concessions.
5. Reason that Mael has launched Proceeding. Mael has commenced the nullity proceeding to remove an obstacle to the enforcement of its title to the Cristinas 4 & 6 Concessions which was confirmed in 1991 and again in 1996 by the Supreme Court of Venezuela which also ordered the publication earlier this year in Venezuela's Official Gazette of the registered assignment agreement which gave Mael title to the Concessions. The present proceeding is made necessary because Minca claims to be entitled to occupy those lands on the basis of the resolutions that Mael is now seeking to have officially invalidated.
So you see, in a way Asensio is right. But not in the way he means. It is true that nothing before the SC is going to give KRY title to LC. THEY ALREADY HAVE TITLE TO LC! What they are seeking now is to get all of the subsequent MEM resolutions 'nullified' because they were never legal. The MEM could not pass the resolutions that they did because they never had title to LC. I. Mael did!
So, as you can see Shorty, I'm afraid that you are completely wrong. My new and improved self truly feels remorse for your predicament. :-(( |
