Cape Times

Aurora execs liable for mine failures

Judge finds directors ‘indisputab­ly reckless’

- Dineo Faku

A NEPHEW of President Jacob Zuma, a grandson of Nelson Mandela and three others have been found liable for the cost of the destructio­n of the two liquidated Pamodzi gold mines, which had been under their control.

Khulubuse Zuma and Zondwa Mandela were among the directors of Aurora Empowermen­t Systems, and are personally liable for its failure, according to a ruling handed down by Judge Eberhard Bertelsman­n in the North Gauteng High Court in Pretoria yesterday.

Disrepair

Despite the court ruling, it will probably take years for them to compensate the 5 000 employees who lost their jobs when the directors failed to raise the required funds to get the mines up and running. The mines then fell into disrepair and were ravaged by illegal miners.

Judge Bertelsman­n ruled yesterday that Zuma and Mandela, Solly and Fazel Bhana, as well as Thulani Ngubane, should be held personally liable for the mismanagem­ent of the Orkney mine in the North West and the Grootvlei mine in Springs in Gauteng.

The directors were “indisputab­ly reckless”, the judge said. Assertions contained in Aurora’s bid documents for Pamodzi’s Orkney mine were a “figment of an overactive imaginatio­n”, he said.

Zuma, who was the chairman of Aurora and said he did not have an executive or operationa­l role in the business, was jointly liable for all losses incurred after December 1, 2009, Bertelsman­n said.

Aurora began managing the two mines late in 2009 after it was named the preferred bidders for the Pamodzi assets.

The Pamodzi liquidator­s wanted the Aurora directors to pay about R1.7 billion after allegedly stripping the mines and selling items like headgear from the shafts as scrap, and for failure to pay the salaries of employees.

Pamodzi’s creditors would start the process of preparing claims, John Walker, the liquidator­s’ lawyer, said.

The directors have indicated that they will appeal the judgment.

Not guilty of fraud

Vuyo Mkhize, the spokesman for Zuma, said yesterday that the liquidator­s would have to prove how they had arrived at the R1.7bn that they claim was owed to them.

Mkhize said the judge had found that Zuma was not guilty of any fraudulent or dishonest conduct. Zuma planned to appeal the judgment as he had contribute­d R35 million of his own money towards salaries and payment of the mines’ security company, Mkhize said.

Mava Mguga, 51, a former Orkney employee, said he was happy with the judgment.

“We have hope that we will finally get money. Many of our colleagues have died, some are ill and many of our children have had to drop out of school because we did not have means to provide for our families,” he said.

Labour unions welcomed the ruling.

Gideon Du Plessis, the general secretary of trade union Solidarity, said the ruling was a signal that strong political links were not above the law.

“While nothing can compensate them (workers) for the losses they have suffered, and although further legal process have to follow before the money can be collected, this judgment (has) at least brought justice for them,” Du Plessis said.

The National Union of Mineworker­s said the judgment was the light at the end of the tunnel. “We have always believed… that (the) Aurora directors were not credible.

“We are happy about the judgment, but we are, however, worried that their lawyers have indicated that they are going to appeal the judgment and this is another delay. We have instructed our lawyers to meet the liquidator­s and chart the way forward to demand the payment for the workers as soon as possible.”

Aurora had said it would pay R605m for the two operations and invest a further R350m. However, Aurora never came up with the money. – Additional reporting by Bloomberg

Assertions in bid documents were a “figment of an overactive imaginatio­n”.

 ??  ?? Khulubuse Zuma
Khulubuse Zuma
 ??  ?? Zondwa Mandela
Zondwa Mandela

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