VGSA, Flaming Silver court case postponed until next month
A court case between Flaming Silver and Vantage Goldfields South Africa (VGSA) has been postponed until July 9 on request of Flaming Silver subsequent to an application for leave to amend the intervention application brought by former Flaming Silver director Ferdi Dippenaar.
The postponement, granted on Wednesday, forms part of a legal process in a dispute between VGSA and Siyakhula Sonke Empowerment Corporation (SSC) and its subsidiary, Flaming Silver, regarding the acquisition by SSC of the Barbrook and Lily gold mines, in Mpumalanga.
The purpose of the amendment was to afford Flaming Silver an opportunity to explain how it took an alleged binding resolution between 22:00 and midnight on October 31, 2018, to ratify the signature of the fourth addendum of the sale of shares agreement.
Only Dippenaar’s application for leave to amend his notice of motion had been heard on Wednesday.
The court held, in granting Dippenaar’s application, that it was in the interest of justice and the public that all the facts regarding the alleged ratification of the fourth addendum be considered by the court, VGSA said in a statement on Thursday.
VGSA said it was “satisfied” with the court’s judgment because it would allow for the full disclosure of the facts and circumstances regarding the signing by Flaming Silver of the fourth addendum.
According to VGSA, Dippenaar contended that Flaming Silver did not have the funds to complete the transaction with VGSA and that this remained part of the main application to be adjudicated and to which he was now a party.
VGSA has in recent months said it had cancelled its agreement with Flaming Silver for the sale of the Vantage assets, including the Lily and Barbrook mines, citing Flaming Silver’s failure to raise the funds needed to re-open the mines and pay outstanding creditors.
SSC disputes VGSA’s claims that it does not have the necessary funds.
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