JOHANNESBURG (miningweekly.com) - Criminal charges have been laid against JSE-listed diversified mining company Metorex and Metorex CEO Charles Needham, but the company dismisses the claims being made against it as "wild, vexatious, false and defamatory".

Captain Jan Claassens of the Commercial Crime Unit of the South African Police Service (SAPS) in Johannesburg, who confirms that charges of perjury and obstructing the course of justice have been brought, says that investigations into the charges will commence next week.

Identiguard MD Frans van Jaarsveld says that he laid the charges with the SAPS at OR Tambo International Airport and that they centre on separate statements made at different times under oath.

Metorex CFO Maritz Smith says: "Metorex is aware of these wild and vexatious claims which have been made. They are part of long-standing and increasingly desperate attempts to embarrass Metorex and its management and to extract money from Metorex to which they are not entitled.

"Neither Metorex nor its subsidiaries have any contractual relationship with Identiguard and have no obligation to pay them any money.

"The claims arise from a civil judgement, which Identiguard obtained against the government of the Democratic Republic of Congo (DRC) several years ago. Metorex had no involvement in that matter at all and has been targeted by Identiguard because of the business interests which the Metorex group has in the DRC.

"The allegations against Metorex and its executives are false and defamatory and they are presently considering an appropriate legal response.

"This is not the first time charges have been laid. We were advised more than a year ago that a complaint had been lodged with the SAPS.

"At that time, our lawyers contacted the National Prosecuting Authority who confirmed receipt of the complaint. To date no criminal charges have been brought. The latest complaint, dated December 6, 2008, is simply a continuation of the same theme.

"Identiguard has on two occasions tried to extract monies from Metorex in the courts and has so far had no success.

"Most recently, Identiguard failed to attach the accounts of Metorex and its subsidiaries in a matter argued late last year in the Pretoria High Court. Metorex and Standard Bank had an interim order brought by Identiguard on an ex parte basis set aside and were awarded costs against Identiguard," Smith says.

Van Jaarsveld says that Identiguard is appealing the setting aside of the ex parte civil action that it brought against Metorex to attach the company's mining licences, as well as money in local accounts that was destined for the DRC government, and that he expects the appeal to be heard "early this year".

Identiguard, which did work for the DRC government but was only partially paid, obtained a South African High Court judgement to obtain the outstanding amount from the DRC government, which, with interest, is currently at the level of just over $4-million.

In terms of the court judgement, Identiguard some time ago seized a government-owned DRC aircraft while it was in South Africa, but was unsuccessful in recovering all of the money due to it and has for some time been attempting to recover money destined for the DRC government from Metorex, which mines copper and cobalt at Ruashi in the DRC.