| Thu 3 Mar 2011, 13:50 | | ANG - Anglogold Ashanti: Mankayi Case - Constitutional Court Ruling |
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ANANO
ANG - Anglogold Ashanti: Mankayi Case - Constitutional Court Ruling
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")
ANGLOGOLD ASHANTI: MANKAYI CASE - CONSTITUTIONAL COURT RULING
AngloGold Ashanti learned today of the death of Mr Thembekile Mankayi. We
wish to offer our condolences to his family and friends.
The company has noted the decision of the Constitutional Court to grant Mr
Mankayi leave to appeal against the decision of the Supreme Court of Appeal
which itself upheld the June 2008 Johannesburg High Court decision 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.
We are still studying the details of the judgment. Our initial impression is
that should the Executor of Mr Mankayi`s estate wish to pursue his claim, he or
she will now need to return to the High Court to continue with the litigation
action.
AngloGold Ashanti will defend the case on its merits.
Should other individuals lodge similar claims, these too would ultimately be
defended by the Company and judged on their merits.
We acknowledge that this case highlights a number of occupational health
challenges faced by the mining industry including 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.
- 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
3 March 2011
JSE Sponsor - UBS
Contacts
Tel: E-mail:
Alan Fine (Media) +27 11 637 6383 afine@AngloGoldAshanti.com
Mike Bedford (Investor) +27 11 637 6273 mbedford@anglogoldashanti.com
Stewart Bailey(Investor) +1 2128364303 sbailey@anglogoldashanti.com
or +27 82 330 9628
Certain statements made in 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 outlook of AngloGold Ashanti`s operations, individually or
in the aggregate, including the completion and commencement of commercial
operations of certain of AngloGold Ashanti`s exploration and production
projects, the completion of announced mergers and acquisitions transactions,
AngloGold Ashanti`s liquidity and capital resources, and expenditure and the
outcome and consequences of any litigation proceedings or environmental issues,
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 including environmental approvals and actions, fluctuations
in gold prices and exchange rates, and business and operational risk management.
For a discussion of certain of these factors, refer to AngloGold Ashanti`s
annual report for the year ended 31 December 2009, which was distributed to
shareholders on 30 March 2010. The company`s annual report on Form 20-F, was
filed with the Securities and Exchange Commission in the United States on April
19, 2010 and as amended on May 18, 2010. 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. All subsequent written or oral forward-
looking statements attributable to AngloGold Ashanti or any person acting on its
behalf are qualified by the cautionary statements herein.
AngloGold Ashanti posts information that is important to investors on the main
page of its website at www.anglogoldashanti.com and under the "Investors" tab on
the main page. This information is updated regularly. Investors should visit
this website to obtain important information about AngloGold Ashanti.
Date: 03/03/2011 13:50:00 Produced by the JSE SENS Department.
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