Con Fauconnier, outgoing CEO, Exxaro Resources
Send this article to a friend
Print this page

» Exxaro, First Quantum poised to sue Gecamines
» Exxaro ‘philosophical’ on Kipushi
» Metorex aims for role in Kipushi zinc
» Kipushi awarded by end-January

> JSE:EXXARO RESOURCES LIMITED:
7490c 0%
If you want to share this article, simply sign into one of these sites and select your network. It’s that easy Click here to find out more about how to use this button

Exxaro may abandon Kipushi

Posted: Fri, 25 May 2007

[miningmx.com] -- EXXARO Resources may abandon its bid to become involved in the Congo's Kipushi zinc project as well as claiming damages if the company failed to make progress by the year-end, the company said.

"If during the course of this year there's no progress, we will step aside," said Con Fauconnier, outgoing CEO of Exxaro Resources. Fauconnier, who is to be succeeded by Sipho Nkosi, said the company would not do business at any cost.

Doug Taylor, who is responsible for Exxaro Resources's African exploration, recently returned from the Congo and is due to brief senior management on potential progress. "We've yet to hear if there's an update," Fauconnier said.

On April 13, Exxaro Resources' lawyers said they were considering sueing Gecamines for $4m, the Congo government's base metals company, after losing the right to develop Kipushi zinc project. It said it could be joined in legal action by joint venture partner in Kipushi, First Quantum Minerals.

However, Fauconnier told Miningmx in an interview that although the company had a solid case, it was more difficult enforcing its rights. "The legal prouncements from the courts have been in our favour. But can you enforce performance or claim damages?"

Gecamines pulled the project away from the two companies last year claiming both companies had no contract to develop the mine. Gecamines then offered the project on international tender to other investors. The tender was awarded to United Resources in February.

Charles Needham, whose company Metorex was one of the unsuccessful bidders for Kipushi, said the company remained interested in bringing technical expertise to the project.

"I think we'd like the dust to settle and see if we can contribute in a technical or managerial sense," he said. Metorex had not yet been in contract with United Resources.

Click Here to subscribe to our daily newsletter
Kipushi was shut in 1993 because of a lack of finance when it was in the Gecamines stable. It is estimated to have a measured and indicated resource of 16.9 million tons with an average grade of 16.7% zinc and 2.2% copper.

In March, the DRC government ordered a review of all mining contracts signed in that country. Deputy mines minister Victor Kasongo told Miningmx earlier this month that up to half of the contracts appeared to be unfair to the state and would have to be renegotiated. The review will affect about 70 companies.

Paul Fortin, Gecamines managing director, has said there was no evidence that Exxaro, then Kumba Resources, or its joint venture partner First Quantum Minerals had an agreement with Gecamines.

“There was a letter of understanding with Adastra Minerals (which First Quantum Minerals subsequently bought) and Kumba Resources (the forerunner to Exxaro Resources). But in five years they did nothing.” Fortin said.