African Consolidated Resources plc / Ticker: AFCR / Index: AIM / Sector: Mining
21 September 2010
African Consolidated Resources plc ('ACR' or 'the Company')
Marange Update
African Consolidated Resources plc, the AIM listed resource and development
company focussed in Zimbabwe, announces that further to its announcement of 7
September 2010 the Company together with its lawyers have now had an opportunity
to examine the judgement of 6 September 2010 (the 'Rescission Judgement') which
rescinded the September 2009 High Court Judgement which had confirmed the
Company's title to its diamond claims at Marange ('September 2009 H C
Judgement').
The Company has now lodged an appeal against the Rescission Judgement (the
'Rescission Appeal'). The effect of the lodging of the Rescission Appeal is to
suspend the Rescission Judgement pending the hearing of and decision on the
Rescission Appeal. The hearing of the Rescission Appeal will be subject to
completion of various formalities which could extend for some 6-12 months or
longer.
In a related development the Ministry of Mines and other parties have withdrawn
their appeal against the September 2009 H C Judgement.
This withdrawal coupled with the Rescission Appeal has the result that the
original judgement concerning ACR's valid title (i.e. the September 2009 H C
Judgement) is now in force.
Costs in the Rescission Judgement application were awarded against ACR. Costs
leading to the September 2009 H C Judgement and in the appeal to the Supreme
Court thereon were awarded against the Ministry of Mines and other parties.
Costs were awarded on a party and party scale and are not likely to be
significant.
The judge giving the Rescission Judgement has based his decision for rescission
on a finding that there has been proof that the evidence provided by ACR at the
hearing leading to the September 2009 H C Judgement was 'made fraudulently and
with intent to mislead'. The Company strongly denies any improper conduct in
asserting its rightful claims at Marange. Legal opinion given to the Company is
to the effect that the Company's prospects of success on appeal against the
Rescission Judgement are extremely strong.
In the grounds of the appeal against the Rescission Judgement it will be averred
inter alia
(i)Â Â Â Â that the judge erred by making several procedural errors
(ii)Â Â Â Â that the judge erred by making significant errors in interpretation of
the law
(iii)Â Â Â that the judge erred by drawing conclusions that were not sustainable
upon the evidence before him and defied all logic
And most importantly
(iv)Â Â Â that the finding that there is proof that the evidence produced by ACR
at the hearing leading to the September 2009 H C Judgement was made fraudulently
and with intent to mislead was grossly improper in that it was legally flawed
and based on uncorroborated allegations which the Company denies and has had no
opportunity to properly defend in open court.
ACR Chief Executive Officer Andrew Cranswick said, "It is important to note that
the litigation referred to was not initiated by ACR. This litigation against
ACR proceeded in spite of calls to amicably settle the matter. The Company has
repeatedly stated its desire to work with the Government on this issue and to
resolve the impasse outside of court in a legal and fair manner that will
benefit Zimbabwe while gaining international acceptance. We again state our
wish to move forward on the issue and assist in reversing negative international
sentiments about these diamonds. The perceived lack of transparency and
fairness continues to obstruct the flow of clean, ethical funding into the
economy. Furthermore, the world diamond industry continues to be at great risk
from the negative perceptions which are building on the consumer end. This is
surely in no-one's interests. ACR has laid solid foundations for the future
development of mines, community welfare and jobs at many locations around
Zimbabwe with production possibilities in copper, nickel, phosphate and gold.
We wish to work productively with the Government and continue our contribution
to the country."
The Company continues to make progress on its other projects. In particular
subsequent to the delineation of a JORC Resource at Blue Rock as announced on
22 July 2010 the Company expects to announce further drilling results in the
Gadzema Belt in early October.
**ENDS**
For further information visit www.acrplc.com or please contact:
Roy Tucker African Consolidated Resources plc +44 1622 816918
+44 7920 189012
Andrew Cranswick African Consolidated Resources plc +44 7920 189010
Richard Greenfield Ambrian Partners +44 20 7634 4700
Hugo de Salis St Brides Media & Finance +44 20 7236 1177
Susie Callear St Brides Media & Finance +44 20 7236 1177
[HUG#1445528]
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Source: African Consolidated Resources Plc via Thomson Reuters ONE
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