The protracted legal conflict between OCTAVIA, led by French businessman Pascal Beveraggi, and ASTALIA, controlled by Congolese politician Moïse Katumbi, represents a battle over the assets of NB MINING. What initially appeared to be a commercial dispute has since revealed deeper layers of personal and political animosity. At its heart lies Katumbi’s unrelenting attempt to reclaim, by any means necessary, assets lawfully acquired by Beveraggi following court-approved transactions.
Contested Acquisition
The battle dates back to 2015 when the French logistics group NECOTRANS bought MCK—a mining company owned by Katumbi—for $140 million. The sale marked a turning point for MCK, which was later rebranded as NB MINING. However, in 2017, NECOTRANS declared bankruptcy, and the Commercial Court of Paris transferred the ownership of all its assets and liabilities to Pascal Beveraggi, director of NB MINING board, who had been entrusted with the task of restructuring the business.
While the transaction was legitimate, Katumbi refused to recognize its outcome. He saw the sale as a personal defeat and an important political loss. His discontent quickly escalated into an organized effort to wrest NB MINING back into his control. Using ASTALIA—a Mauritius-based shell company controlled by his wife—Katumbi launched a series of actions aimed at discrediting the new ownership. These schemes relied on false claims, political maneuvers, and judicial manipulation within the Democratic Republic of Congo (DRC).
Legal and Political Maneuvers Intensify
Katumbi’s dissatisfaction with losing MCK’s assets evolved into an unscrupulous campaign against OCTAVIA. Mere months after NECOTRANS filed for bankruptcy, Beveraggi legally acquired the company’s assets. Katumbi, then in political exile, filed unfounded claims for $30 million in compensation, which French courts eventually dismissed.
In 2018, OCTAVIA resumed operations under its subsidiary NB MINING AFRICA, signaling its commitment to modernizing the company. However, emboldened by local political allies and a favorable shift in the Congolese political landscape, Katumbi redoubled his efforts. In 2020, a Kolwezi court granted ASTALIA an extraordinary $70 million judgment without notifying OCTAVIA or giving it an opportunity to defend itself. Armed with this sham ruling, Katumbi deployed thugs to seize NB MINING offices and mining sites violently, resulting in two deaths and multiple injuries among employees.
International Fraud Exposed
Katumbi’s fraudulent schemes extended beyond Congolese borders. Between 2021 and 2022, ASTALIA attempted to have the Kolwezi judgment recognized in Dubai using forged documents. OCTAVIA successfully exposed these fraudulent attempts in Emirati courts, securing rulings in its favor from both appellate and supreme courts. These decisions further legitimized OCTAVIA’s ownership of NB MINING AFRICA.
2024 Kinshasa Judgment: A Landmark Decision
In October 2024, the High Court of Kinshasa/Gombe issued a decisive judgment against ASTALIA and its co-conspirators, revealing the full extent of the fraud in the dispute. The court found ASTALIA guilty of illegal practices and implicated ECOBANK DRC employees Alain Serge Mungimur and Sengo
Auguste in the embezzlement of over $5 million from NB MINING AFRICA’s accounts. These funds were funneled to ASTALIA using forged proxies. The court ordered ECOBANK to pay $5.5 million in damages to NB MINING AFRICA and OCTAVIA.
This ruling not only exposed the fraudulent nature of ASTALIA’s claims but also highlighted the sustained abuse of judicial processes by Katumbi. It marked a significant victory for OCTAVIA in its effort to protect its rights and recover misappropriated assets.
Standing Up for Justice Despite All Odds
Despite multiple favorable court rulings, enforcing these judgments remains a significant challenge in the DRC. Katumbi and his collaborators continue to benefit from local complicity and political alliances, delaying the restitution of assets and funds to OCTAVIA. This ongoing resistance underscores the broader difficulties faced by foreign investors navigating the Congolese legal and political systems.
Nonetheless, the compiled evidence and repeated judicial victories form a solid foundation for OCTAVIA’s ultimate restitution. The company’s resilience amidst blatant obstruction demonstrates its unwavering commitment to the rule of law and ethical business practices.
Resilience in the Face of Abuse
This legal saga illustrates not only the fraudulent tactics employed by Katumbi and ASTALIA but also the broader implications of judicial manipulation and political interference in the DRC. Faced with these significant obstacles, OCTAVIA and Beveraggi have relied on transparency and legal mechanisms to counter the abuses.
This case serves as a powerful example of resilience and the need to uphold economic justice in politically compromised environments. It is both a cautionary tale for foreign investors and a testament to the potential for fair resolution when legal principles are upheld.
