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Simmers calls for JSE probe

Sep 21 2009 09:55

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Johannesburg - Simmers said on Monday that it has requested the JSE to launch an investigation into a possible manipulation of trading in its listed securities.

The company said in a statement on Monday that it has come to the attention of the Simmers management that an unusual volume of Simmers securities has been traded over the course of the last week. During this time the share price of the company has experienced increasing downward pressure.

The request, on Sunday, to the JSE to launch an investigation was prompted by Simmers management becoming aware of the existence of a statement which may possibly constitute false, misleading or deceptive statements, promises and forecasts as defined in section 76 of the Securities Services Act, 2004.

"This statement was seemingly distributed to certain shareholders and into the market during the course of the last week ostensibly to solicit support from Simmers shareholders to effect changes to the board and management at Simmers," it said.

The statement said "a body of concerned shareholders representing in excess of 25% of the issued share capital of the company object to the manner in which certain of the executive directors conduct themselves in regard to its affairs."

"They have engaged our services in order to solicit support from shareholders to effect changes to the board and management at Simmers."

Their primary complaints are that Gordon Miller, the CEO, has relocated to Canada where he spends most of his time. Simmers operations are in South Africa and it is in the interests of shareholders that the company's CEO be located close to its operations.

"In line with best practice among CEOs of offshore listed mining companies with their assets located in South Africa, Mr Miller is bucking the trend exemplified by the CEO of Lonmin. In this regard, Mr Ian Farmer has undertaken to spend most of his time in South Africa to be close to Lonmin's operations."

Wanted: Strong leadership

"Simmers assets require close attention from a technical perspective on an ongoing basis and strong leadership from its CEO. Mr Miller is also CEO of First Uranium which is no longer a subsidiary of Simmers. Mr. Miller's declared emoluments are R9.283m which concerned shareholders believe it to be excessive in the circumstances," the statement said.

"Simmers has sold down its investment in First Uranium from some 63% to 35%. In doing so it has not only disposed of a valuable asset but it has potentially jeopardised First Uranium's mining rights by diluting its effective black economic empowerment shareholding."

"The company and First Uranium continue to incur cash losses and it is clear that operations will need to be recapitalised over time. This will require additional financing and cash flow drain on Simmers, who was recently been obliged to advance $20m to First Uranium. From recent reports it is clear that Simmers' operations are not breaking even on a cash basis, despite a rand/gold price of approximately R250 000 per kg."

"The chairman of Simmers has objected to the appointment to the board of a well- known and highly successful mining engineer who has been the CEO of a large listed gold mining group in South Africa. It is estimated that this person could add huge value to the board."

"It is estimated by the significant group of concerned shareholders that the current executives have failed to deliver value and will act as an impediment to an exciting opportunity for Simmers to play a role in the consolidation of the junior gold mining industry going forward. The removal of Mr Miller from the board would signal the start of a new era in the company. All of the above has resulted in value destruction for shareholders which is represented by an ever declining Simmers share price."

"Accordingly the group of concerned shareholders seek support of likeminded shareholders for the purpose of effecting change to the Simmers board by voting against the re-appointment of Messrs Jacobs and Miller to the board and against the passing of all special resolutions save for the resolution granting share options to non executive directors," the statement continued.

Simmers added that shareholders will be informed of the outcome of the investigation and any further developments in due course.

- I-Net Bridge

 
 
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