| Mon 26 Jul 2010, 14:34 | | KCM - Kimberley Consolidated Mining Limited - Form of Proxy |
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KCM
KCM
KCM - Kimberley Consolidated Mining Limited - Form of Proxy
KIMBERLEY CONSOLIDATED MINING LIMITED
Incorporated in the Republic of South Africa
(Registration number 2007/010470/06)
Share code: KCM ISIN: ZAE000119996
("KCM" or "the Company")
Pursuant to the Notice given on 14 July 2010 of the Extraordinary General
Meeting of KCM to be held at the Protea Hotel (Kimberley), Big Hole, West
Circular Road, West End, Kimberley on Friday 6 August 2010 commencing at
10h00, the Directors release herewith the Form of Proxy to be used by
Shareholders unable to attend but who wish to participate. Forms of proxy
should be lodged with or mailed to Computershare Investor Services (Pty) Ltd:
Hand deliveries to: Computershare Investor Services (Pty) Ltd, Ground Floor,70
Marshall Street, Johannesburg, 2001. Postal deliveries to: Computershare
Investor Services(Pty) Ltd., P.O. Box 61051, Marshalltown, 2107 to be received
by no later than 10H00 on Wednesday, 4 August 2010 (or 48 hours before any
adjournment of the Meeting, which date, if necessary, will be notified on
SENS).
FORM OF PROXY
For use only by ordinary shareholders who:
- hold ordinary shares in certificate form ("certificated ordinary
shareholders"); or
- have dematerialised their ordinary shares ("dematerialized ordinary
shareholders") and are registered with "own-name" registration,
at the Extraordinary General Meeting of ordinary shareholders of the Company
to be held on Friday, 6 August 2010, at the Protea Hotel (Kimberley), Big
Hole, West Circular Road, West End, Kimberley at 10H00.
Dematerialised ordinary shareholders holding ordinary shares other than with
"own name" registration who wish to attend the Extraordinary General Meeting
must inform their Central Securities Depository Participant, ("CSDP") or
broker of their intention to attend the Extraordinary General Meeting and
request their CSDP or broker to issue them with the relevant Letter of
Representation to attend the Extraordinary General Meeting in person or by
proxy and vote.
If they do not wish to attend the Extraordinary General Meeting in person or
by proxy, they must provide their CSDP or broker with their voting
instructions in terms of the relevant custody agreement entered into between
them and the CSDP or broker. Dematerialised ordinary shareholders holding
ordinary shares other than with "own name" registration must NOT use this form
of proxy.
I/We_______________________________________________________
___________________________________________________________
(Full name of Registered Holder)
of_________________________________________________________
___________________________________________________________
(Registered Home Address)
being the holder of No. ___________ordinary shares in the capital of the
Company and entitled to attend and vote at the aforesaid Extraordinary General
Meeting of Shareholders of the Company, do hereby appoint (see note 3):
1._________________________________________________________
_________________________________________or failing him/her
________________________________________ or failing him/her
2. the Chairman of the Extraordinary General Meeting.
as my/our proxy to attend and act at the Meeting on my/our behalf and to
vote in accordance with the following directions (or if no directions are
given, as the Proxy sees fit) on the Resolution to be proposed there and at
any adjournment of that Meeting.
Voting directions to your Proxy - please mark "X" to indicate your directions
in the appropriate column and indicate the number of shares held where
indicated.
Number of Ordinary Shares held:
Resolution: For: Against: Abstain:
To remove the following Directors,
Hein Puren Le Riche,
Jacobus Johannes Pieterse
Trevor Da Silva Pikwane
Ranthoko Jeremiah Rakgoale
Alexander Rodionov
Phemelo Ohentse Robert Sehunelo
David Johannes Scholtz van Tonder
And to appoint the following in
place of the Directors so removed
Patrick Sagaspe
Phillip David Dexter
R. Kallidas
S. Puwani
Jeff Closenberg
Johann Jacobus Cilliers
Signed at__________________________________________________
__________ on __________________2010
Signature__________________________________________________
___________________________________________________________
Assisted by (where applicable)_____________________________
___________________________________________________________
Each ordinary shareholder is entitled to appoint one or more proxies (who need
not be a shareholder of the Company) to attend, speak and vote in place of
that shareholder at the Extraordinary General Meeting.
Please read notes below:
NOTES:
The form of proxy must only be used by certificated ordinary shareholders or
dematerialised ordinary shareholders who hold dematerialised ordinary shares
with "own name" registration.
Dematerialised ordinary shareholders are reminded that the onus is on such
shareholder to communicate with their CSDP.
A shareholder entitled to attend and vote at the Extraordinary General Meeting
may insert the name of a proxy or the names of two alternative proxies of the
shareholder`s choice in the space provided, with or without deleting "the
chairman of the Extraordinary General Meeting".
4. The person whose names stand/s first on this form of proxy and who is
present at the Extraordinary General Meeting will be entitled to act as proxy
to the exclusion of such proxy(ies) whose names follow.
5. A shareholder is entitled to one vote on a show of hands and, on a poll,
one vote in respect of each ordinary share held.
6. A shareholder`s instructions to the proxy must be clear.
7. Firstly, the shareholder must insert the total number of shares held by
him/her/it in the box provided.
8. Secondly, the shareholder may direct his/her/its proxy to vote by placing
an "X" opposite the Resolution in either the box marked "For", "Against" or
"Abstain" depending upon how he/she/it requires the proxy to vote.
9. All the Securities held by the shareholder will be voted in accordance
with such a direction unless the shareholder indicates only a portion of
his/her/its voting rights are to be voted "For", "Against" or "Abstained" from
voting on the Resolution by inserting the percentage or number of shares
he/she/it intends to vote for "For", "Against" or "Abstain" from voting in the
appropriate box or boxes.
10. A vote given in terms of an instrument of proxy shall be valid in
relation to the Extraordinary General Meeting, notwithstanding the death,
insanity or at her legal disability of the person granting it, or the
revocation of the proxy, or the transfer of the ordinary shares in respect
of which the proxy is given, unless intimation as to any of the
aforementioned matters shall have been received by the registrars not
less than 48 hours before the commencement of the Extraordinary General
Meeting.
11. If a shareholder does not indicate on this form of proxy that his/her
proxy is to vote in favour of or against any resolution or to abstain from
voting, or gives contradictory instructions, or should any further
resolution(s) or any amendment(s) which may properly be put before the
Extraordinary General Meeting be proposed, such proxy shall be entitled to
vote as he/she thinks fit.
12. The chairman of the Extraordinary General Meeting may reject or accept
any form of proxy which is completed and/or received, other than in compliance
with these notes.
13. The completion and lodging of this form of proxy will not preclude the
relevant shareholder from attending the Extraordinary General Meeting and
speaking and voting in person thereat to the exclusion of any proxy appointed
in terms hereof, should such shareholder wish to do so.
14. Documentary evidence establishing the authority of a person signing this
form of proxy in a representative capacity must be attached to this form of
proxy, unless previously recorded by the Company or unless this requirement is
waived by the chairman of Extraordinary General Meeting.
15. A minor or any other person under legal incapacity must be assisted by
his/her parent or guardian, as applicable, unless the relevant documents
establishing his/her capacity are produced or have been registered with the
Company.
16. Where there are joint holders of ordinary shares:
Any one holder may sign this form of proxy;
The vote(s) of the senior ordinary shareholder (for that purpose seniority
will be determined by the order in which the names of ordinary shareholders
appear in the Company`s register of ordinary shareholders) who tenders a vote
(whether in person or by proxy) will be accepted to the exclusion of the
vote(s) of the other joint shareholder(s).
17. Forms of proxy should be lodged with or mailed to Computershare Investor
Services (Proprietary) Limited:
Hand deliveries to:
Computershare Investor Services (Pty) Limited, Ground Floor,70 Marshall
Street, Johannesburg, 2001
Postal deliveries to:
Computershare Investor Services(Pty)Limited, P. O Box 61051, Marshalltown,
2107
to be received by no later than 10H00 on Wednesday, 4 August 2010 (or 48
hours before any adjournment of the Extraordinary General Meeting, which date,
if necessary, will be notified on SENS)
18. Any alteration or correction made to this form of proxy, other than the
deletion of alternatives, must be initialed by signatory(ies).
________________________
Date: 26/07/2010 14:34:01 Produced by the JSE SENS Department.
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