2nd UPDATE: Kumba: No Attempt To Influence Sishen Application
13 Agosto 2010 - 6:53PM
Dow Jones News
Kumba Iron Ore Ltd. (KIO.JO) Friday said allegations made by the
former deputy director-general of South Africa's Department of
Mineral Resources regarding disputed mineral rights to the Sishen
iron ore mine are "incorrect and irrelevant."
Former deputy director general Jacinto Rocha in a dossier seen
by Dow Jones Newswires said Kumba was "manipulating the
administrative system to gain advantage and gratification" in
regards to gaining rights to the mine previously held by
ArcelorMittal South Africa Ltd. (ACL.JO), majority owned by largest
steelmaker ArcelorMittal (MT).
Rocha's comments are the latest in a series of tense exchanges
following ArcelorMittal's loss in April 2009 of the 21.4% stake in
Sishen, majority owned by Kumba. The stake was then awarded to a
third party, Imperial Crown trading, although Kumba has initiated a
court review of that decision.
Rocha supports the DMR's decision to award the stake to Imperial
Crown Trading for a prospecting right over Kumba's mining right
application. In addition, he said Kumba, a unit of Anglo American
PLC (AAL.LN), acted wrongly in its application process.
Kumba submitted its application April 30 2009, the last day of
ArcelorMittal's ownership, and asked officials at the DMR to time
stamp the papers for the following day, a public holiday.
"SIOC [Sishen Iron Ore Company] asked for and took advice from
officials in the DMR to ensure that its application could be lodged
at the earliest possible opportunity after May 1 [a public
holiday]--like giving a post-dated check," Kumba said in a
statement.
Rocha says he didn't give such advice and that it is wrong to
stamp the papers for a different day.
"These statements and revelations would validate our belief that
Kumba acted in bad faith," said Nonkululeko Nyembezi-Heita, chief
executive officer at ArcelorMittal South Africa. "As our mining
partner over the past decade we had expected them to behave
honorably in the spirit of that partnership."
Rocha left the DMR at the end of February this year and could be
pulled in to the court proceedings given his involvement in the
decision. He currently is a mining consultant and did work for
ArcelorMittal for a few months ending this June.
Kumba had a deal with ArcelorMittal to mine iron ore at Sishen
and then sell a set amount to ArcelorMittal each year at cost of
production plus 3%. Following ArcelorMittal's loss of rights Kumba
said it wasn't economically feasible to continue selling at that
rate.
Last month the two settled on an interim price agreement while
the court review continues. Sishen supplies about two-thirds of
ArcelorMittal's iron ore each year.
Earlier this month ArcelorMittal South Africa said it agreed to
acquire Imperial Crown Trading in a move to reclaim the lost stake.
The company lost the stake because it failed to convert its rights
by the April deadline to conform to new legislation.
The steel maker plans to acquire ICT through its wholly owned
subsidiary OPCO, for 800 million rand [$111 million] in cash,
subject to due diligence and ICT's ability to convert prospecting
rights over Sishen into mining rights.
-By Devon Maylie; Dow Jones Newswires; (4420) 7842 9483;
devon.maylie@dowjones.com
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