DRC: Beveraggi versus Katumbi, a legal battle that has reached a decisive turning point

For several years, Pascal Beveraggi, owner of the Emirati group OCTAVIA and its operating company NB MINING AFRICA, has been engaged in a legal war against Moïse Katumbi, an influential Congolese politician who owns the company ASTALIA, registered in Mauritius and its operating company MCK Trucks in the DRC.

This conflict, which spans several international jurisdictions, concerns strategic mining assets in the Democratic Republic of Congo (DRC). The recent judgment rendered on October 4, 2024 by the High Court of Kinshasa/Gombe constitutes a decisive victory for Beveraggi in this complex case, marked by individual attacks, accusations of fraud, illegal seizures and political maneuvering.

A context of fraud and spoliation

The case has its roots in 2015, when NECOTRANS, a French group specializing in logistics in Africa, bought MCK, the operating company of Astalia owned by Katumbi, which operates mines in the Katanga region in particular.

NECOTRANS then called upon Pascal Beveraggi for his expertise in the field, and asked him to take over the Chairmanship of the Board of Directors of NB MINING (formerly MCK), while Grégory Quérel, Chairman of NECOTRANS, remained Managing Director of the company.
However, due to a general climate unfavorable to Moïse Katumbi at the time, a wave of tax and customs reprisals fell against the company a few days after its sale, threatening its existence.

The complications worsened in 2017 when NECOTRANS, hit by financial difficulties in its other activities, was placed in receivership in Paris. Beveraggi, best placed to avoid economic disaster at that time, positioned himself to take over NECOTRANS' mining assets through his OCTAVIA group. Katumbi, then in exile, demanded several tens of millions of dollars and saw it as an opportunity to recover the company he had sold two years earlier. But after a few twists and turns, it was Pascal Beveraggi who took possession of the company, which would now be called NB MINING AFRICA.

An international legal battle

One of the particularities of this case lies in its international dimension. The two parties faced each other in several jurisdictions, including Paris, Dubai and the DRC. In 2018, OCTAVIA therefore took possession of NB MINING's assets after a favorable decision by the French courts.

But Katumbi, with his growing political influence upon his return to the DRC in 2019, resumed hostilities. Indeed, at that time, thanks to a political context, the former governor of Katanga found himself integrated by Félix Tshisekedi, the brand new president of the DRC, into a large national union, and wanted to regain his influence on the economic and judicial levels in particular.

In August 2020, a court in Kolwezi, in a decision that would later be described as fraudulent due to the lack of summons and defense of the opposing party, ordered OCTAVIA to pay ASTALIA $70 million with the non-enforceable clause. This decision, issued without Beveraggi or his representatives being present at the trial, was followed by illegal seizures orchestrated by ASTALIA with the help of the military, causing violent clashes and the death of two NB MINING AFRICA employees. The seized assets also included financial assets held in institutions such as ECOBANK, GECAMINES or RUASHI MINING, amounting to $15 million.

The production of fraudulent documents does not stop there: in 2022, Katumbi goes to Dubai to try to enforce his false judgment of Kolwezi, seizing all of OCTAVIA's assets in the Emirates. Beveraggi will again win this judicial episode before the Emirati courts, on appeal and in cassation, proving that the documents used by Katumbi were fakes.

The judgment of October 4, 2024: a decisive turning point

The judgment rendered in October 2024 by the Kinshasa/Gombe Court therefore marks a decisive turning point in this case. This judgment ordered ECOBANK DRC to pay $5.5 million in damages to NB MINING AFRICA and OCTAVIA for breach of trust, by facilitating the illegal transactions orchestrated by ASTALIA and MCK. The court also found guilty two ECOBANK executives, Alain Serge Mungimur (Legal Director) and Sengo Auguste (Operations Director), for having embezzled more than $5 million via a false power of attorney produced by ASTALIA.

This decision significantly strengthens the position of Beveraggi, who had already won all his trials in this case, on three continents. It allows OCTAVIA and NB MINING AFRICA to claim the restitution of the funds and assets illegally seized, while confirming the involvement of ECOBANK and ASTALIA in fraudulent practices and breach of trust.

A major political and economic impact

Beyond the legal implications, this judgment has major political and economic repercussions in the DRC. Moïse Katumbi, the former governor of Katanga and a leading political figure currently at the heart of turmoil in his region, has long enjoyed political protection, which has allowed him to circumvent or even orchestrate several court decisions. However, this victory by Beveraggi could contribute to weakening Katumbi's position and limiting his influence over the mining sector, one of the most strategic in the country.

Furthermore, the conviction of ECOBANK highlights the role played by certain financial institutions in facilitating fraudulent schemes and illicit transfers, paving the way for possible additional investigations into the complicity of banks in this type of financial scandal.

Outlook for NB MINING AFRICA and OCTAVIA

While this legal victory is a crucial step for Pascal Beveraggi and his companies, the actual implementation of the judgment remains uncertain. In the DRC, the execution of court decisions is often hampered by political factors, local complicity and administrative slowness. . Beveraggi and OCTAVIA will therefore have to redouble their efforts to obtain the restitution of the seized assets and ensure that the sentences are effectively enforced.

The case, emblematic of the challenges of investing in the DRC, illustrates the judicial and political complexities of the Congolese mining sector. While the court rulings are in Beveraggi’s favor, the path to a real resolution remains complicated in a country where the The application of court decisions remains subject to wars of influence and constant corruption.