| Thu 26 Jun 2008, 13:19 | | ANG - Anglogold Ashanti Exception Lodged In Respect Of Case Of Thembekile |
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ANG
ANANO
ANG - Anglogold Ashanti Exception Lodged In Respect Of Case Of Thembekile
Mankayi Upheld
AngloGold Ashanti Limited
Incorporated in the Republic of South Africa
Registration Number: 1944/017354/06)
ISIN Number: ZAE000043485
JSE Share Code: ANG
("AngloGold Ashanti/Company")
The Johannesburg High Court ruled today that the exception lodged by
AngloGold Ashanti in respect of Mr Thembekile Mankayi`s claim for damages
against the company has been upheld.
Mr Mankayi had lodged a R2.7m claim in respect of occupational lung disease
allegedly sustained during his employment at AngloGold Ashanti`s then Vaal Reefs
mine in the 1990s.
First and foremost, we would like to express our sympathy to Mr Mankayi`s in
respect of his ill health, and wish him well.
The finding confirms that employees who qualify for benefits in respect of
the Occupational Diseases in Mines and Works Act (ODMWA) may not, in addition,
lodge civil claims against their employers in respect of their relevant
conditions.
AngloGold Ashanti considers the finding to be fully in line with compensation
law. We believe that the social contract implied by the Occupational Diseases
in Mines and Works Act (ODMWA) and similar statutory compensations systems -
where employees afflicted by occupational injuries and illnesses receive a pre-
determined compensation without having to suffer the expense and inconvenience
of prosecuting legal actions, and in return waive the right to civil claims - is
a just one, offering as it does easier access for employees and greater
certainty for employers.
Having said this, we acknowledge that this case highlights a number of
occupational health challenges faced across the mining industry including by
AngloGold Ashanti. These are challenges we have been working to address for some
time. They include:
Working to improve the management of dust underground so as to eliminate
future incidences of occupational lung disease.
Working, through the Chamber of Mines and with the Department of Health and
the NUM, on a project to improve the access of former mineworkers suffering from
occupational lung disease to health care and to the benefits provided for by the
Occupational Diseases in Mines and Works Act (ODMWA) and to improve the
operation of the statutory compensation fund. This project also involves
community economic development programmes in areas where former mineworkers
reside. (See, in our latest Report to Society 2007, the case study on this
project at ww.aga.reports.com/07/Nongoma.htm and a related case study on
community projects at www.aga-reports.com/07/Nongoma-social.htm)
Working actively in tripartite forums on the rationalisation and reform of
the statutory framework for compensation in respect of occupational lung
disease, seeking to achieve this in a manner that eliminates anomalies in the
application of the legislation, but does not threaten the viability of the
industry and the jobs of the people employed in it.
ENDS
Contacts
Tel: Mobile: E-mail:
Joanne Jones (Media) +27 (0) 11 637- 6813
+27 (0) 82 896 0306 jjones@AngloGoldAshanti.com
Alan Fine (Media) +27 (0) 11 637-6383
+27 (0) 83 250 0757 afine@AngloGoldAshanti.com
Certain statements made during this communication, including, without
limitation, those concerning the economic outlook for the gold mining industry,
expectations regarding gold prices, production, cash costs and other operating
results, growth prospects and the outlook of AngloGold Ashanti`s operations
including the completion and commencement of commercial operations of certain of
AngloGold Ashanti`s exploration and production projects, and its liquidity and
capital resources and expenditure, contain certain forward-looking statements
regarding AngloGold Ashanti`s operations, economic performance and financial
condition. Although AngloGold Ashanti believes that the expectations reflected
in such forward-looking statements are reasonable, no assurance can be given
that such expectations will prove to have been correct. Accordingly, results
could differ materially from those set out in the forward-looking statements as
a result of, among other factors, changes in economic and market conditions,
success of business and operating initiatives, changes in the regulatory
environment and other government actions, fluctuations in gold prices and
exchange rates, and business and operational risk management. For a discussion
of such factors, refer to AngloGold Ashanti`s annual report for the year ended
31 December 2007, which was distributed to shareholders on 31 March 2008.
AngloGold Ashanti undertakes no obligation to update publicly or release any
revisions to these forward-looking statements to reflect events or circumstances
after today`s date or to reflect the occurrence of unanticipated events.
In connection with the proposed merger transaction involving AngloGold Ashanti
and Golden Cycle Gold Corporation, AngloGold Ashanti has filed with the SEC a
registration statement on Form F-4 and GCGC will mail a proxy
statement/prospectus to its stockholders, and each will be filing other
documents regarding the proposed transaction with the U.S. Securities and
Exchange Commission ("SEC") as well. BEFORE MAKING ANY VOTING OR INVESTMENT
DECISION, INVESTORS ARE URGED TO READ THE PROXY STATEMENT/PROSPECTUS REGARDING
THE PROPOSED TRANSACTION AND ANY OTHER RELEVANT DOCUMENTS CAREFULLY WHEN THEY
BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION ABOUT THE
PROPOSED TRANSACTION. The final proxy statement/prospectus will be mailed to
GCGC`s stockholders. Stockholders will be able to obtain a free copy of the
proxy statement/prospectus, as well as other filings containing information
about AngloGold Ashanti and GCGC, without charge, at the SEC`s Internet site
(http://www.sec.gov). Copies of the proxy statement/prospectus and the filings
with the SEC that will be incorporated by reference in the proxy
statement/prospectus can also be obtained, without charge, by directing a
request to AngloGold Ashanti, 76 Jeppe Street, Newtown, Johannesburg, 2001 (PO
Box 62117, Marshalltown, 2107) South Africa, Attention: Investor Relations, +27
11 637 6385, or to Golden Cycle Gold Corporation, 1515 S. Tejon, Suite 201,
Colorado Springs, CO 80906, Attention: Chief Executive Officer, (719) 471-9013.
Date: 26/06/2008 13:19:17 Produced by the JSE SENS Department.
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