High Court Petition
09 December 2014
Mwana today announces that the Board received notice on the evening of 8 December 2014 from China International Mining Group Corporation ("CIMGC"), a substantial shareholder in Mwana, and Mr Yat Hoi Ning, a Non-Executive Director and associate of CIMGC, (together the "Petitioners") that the Petitioners' lawyers had filed a petition at the High Court of Justice, Companies Court in London, on the same day against the Company and two of its Non-Executive Directors, Mr Stuart Morris and Mr Johan Botha. The petition refers to the recent passing of Resolution 3 at the Company's Annual General Meeting held on 10 September 2014, which related to the re-appointment of Mr Stuart Morris as a director of the Company, and alleges that the resolution was not validly passed.
As previously announced on 10 September, the votes of CIMGC and associates were not counted in the poll in respect of Resolution 3 and were deemed inadmissible because the votes, as cast, infringed the Relationship Agreement entered into with the Company on 2 April 2012. The Company remains firmly of the view that Resolution 3 was validly passed, and has taken legal advice which supports this position.
The Company is disappointed to have received the petition and that an amicable solution to CIMGC and Mr Ning's concerns could not have been reached through more customary channels. The Company remains committed to attempting to work with the Petitioners to achieve a mutually acceptable resolution to their complaints but will defend its position vigorously in court proceedings if required.
An initial directions hearing has been scheduled at the Companies Court for 11:30am on 7 January 2015. Further announcements with regard to this matter will be made in due course, as appropriate.
For further information contact:
Mwana Africa PLC
Kalaa Mpinga, CEO
Caroline Mathonsi, Investor Relations
Tel: +44 (0) 20 7654 5580
Nominated Adviser and Broker
Peel Hunt LLP
Matthew Armitt / Ross Allister
Tel: +44 (0) 20 7418 8900
Public Relations
Russell and Associates
Jim Jones / Leigh King
Tel: +27 (0) 11 880 3924