Lily mine in limbo as sale agreement dispute gets tied up in court

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Prospective buyer, Flaming Silver Trading, contends there is no reason the deal shouldn’t be immediately concluded

Lily Mine near Barberton, where three workers died after an underground collapse. Picture: IHSAAN HAFFEJEE

Flaming Silver, a subsidiary of the Siyakhula Sonke Corporation , entered into a share sales agreement with Vantage Goldfields in November 2017. The parties agreed that the shares and relevant documentation would be transferred if, among other requirements, the necessary funding of R310m was secured and government approval to transfer the mining rights obtained.

Michael McChesney, CEO of Vantage Goldfields, in his answering affidavit, argued that he and another director had, several times, expressed concern over Flaming Silver’s ability to access the required funding. He said they had no choice but to take Arendse at his word about the terms of the IDC loan because he refused to provide a copy of the agreement.

Arsendse said the IDC funds will only be released on the transfer of shares, but McChesney denies that this is the case.

 

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