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Simmers must 'focus on business'

Sep 22 2009 18:54

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Johannesburg - A former non-executive director of gold junior Simmer & Jack (Simmers) has called on the company to seriously apply its mind to the lacklustre performance of the business and urgently seek ways to unlock shareholder value.

Kevin Wakeford, one of five directors to resign from the Simmers board this week, said in a statement that Simmers was deliberately attempting to discredit him as a former director of the company.

Wakeford's comments comes two days after the five directors walked out and Simmers company asked the JSE to investigate a possible manipulation of trading in its listed securities.

While Simmers admits that the directors resigned of their own free will, it said on Monday that four of the five resignations were due to breaches of directors' fiduciary duties.

The company has requested the JSE to launch an investigation into a possible manipulation of trading in its listed securities.

It said the request to the JSE, which made on Sunday, 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.

Besides Wakeford, Baba Njenje, Siviwe Mapisa and Ayanda Sisulu-Dunstan - all representatives of Simmers' black economic empowerment partner Vulisango - resigned.

Stuart Murray, who was an independent director who chaired the governance committee, also resigned but is not believed to be linked with what Simmers is convinced is a conflict of interest.

Vulisango's unsuccessful attempt to interdict Simmers' acquisition of Tau Lekoa from AngloGold Ashanti from going ahead has reopened old wounds.

Simmers and Vulisango were at loggerheads three years.

But Wakeford said Simmers announcement to the JSE on Monday was "misleading, deceptive and factually incorrect".

Simmers said it addressed the dispute between Vulisango and the company and the conflicts of interest between the Vulisango directors and the company arising out of that dispute at its AGM on Saturday.

The company said this "included incorrect information as well as inside information available only to the governance committee was leaked by Wakeford which resulted in its being disseminated to selected shareholders and which may have resulted in unusual trading volumes and share price weakness as experienced in the past few days".

Information leaked

Simmers said that confidential information was leaked to selected shareholders "in an attempt to assert Vulisango's interests over that of the company".

The company said its board had also resolved to investigate legal remedies available to recover damages from Vulisango, its directors in their personal capacities and Wakeford in his personal capacity.

But Wakeford argued that Simmers deliberately created the impression that information was leaked to a broker to undermine the value of the company and hence I have been reported to the regulatory authorities.

"These actions in my view are an abuse of regulatory institutions and are a deliberate attempt to discredit me as a former director of the company," Wakeford said, insisting that the information was not leaked but openly shared with the nominating shareholder.

He said the information could also not be considered to be market sensitive nor confidential as it had been discussed by multiple parties and was not part of a committee minute and did not contain substantive business information.

Shares in Simmers closed 9.04% or 17 cents firmer at 2.05 rand on the JSE on Tuesday.

- I-Net Bridge

 
 
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