Genorah Court Decision Nkwe Platinum Limited (Nkwe or Company) advises the market of the following regarding a Constitutional Court decision made yesterday in South Africa regarding 2 farms (Nooitverwacht and Eerste Geluk) which make up 2 of the 3 farms of Nkwes Tubatse Project which it has a 64% interest in. The decision has no impact on Nkwes current Garatau Project the subject of a Bankable Feasible Study nearing completion. A further update on the BFS will be made next week with the release of further financial modelling which sets a base case net present value of approximately 14 billion rand (US$2.0bn). Nkwe were not a party to the proceedings but the judgement does have an impact on the current status of its 64% interest in the 2 southern farms Nooitverwacht and Eerste Geluk which are the subject of exploration drilling. The Court set aside the current prospecting right for the 2 farms on a number of technical and administrative grounds including whether the Department of Mineral Resources (DMR) had met all the technical requirements of the application and whether the requisite consultative process with the local community had been adhered to. Importantly, the Court issued no directions to the DMR and it did not direct the DMR to award the prospecting right to an alternative applicant. Nkwe as the registered holder (DMR approved) of a 64% right in the farms clearly has a number of actions it can pursue. At this stage the Company believes that the key course of action is to engage with the DMR given correspondence received from the DMR confirming that it is not the their intention to compromise Nkwe's (and any potential investors) security of tenure with regard to mining in South Africa. In Nkwe's opinion so long as the proper review and application process is followed, it will be able to ensure its rights remain in tact. Nkwe has commenced discussions with the DMR and the local communities on the two farms as represented by the Bengwenyama-Ye- Maswati Royal Council and Roka Phasha Tribal Authority to expedite this matter and remove any uncertainty. The Council were an intervening party to the proceedings and made submissions that the applicants did not represent the local community. The communities are shareholders in Genorah (as is the case with all of the 5 farms) and Nkwe undertook a significant amount of community related activities whilst drilling on the properties. Nkwe is confident that an outcome will be reached which preserves its 64% interest in the 2 farms. In the interim, the immediate focus is with the Garatau BFS and the commencement of development of Nkwes flagship asset.
NKP Price at posting:
51.5¢ Sentiment: Sell Disclosure: Not Held