For example, on or about 21 August 2012, AngloGold Ashanti was served with an application instituted by Bangumzi Bennet
Balakazi and others in which the applicants seek an order declaring that all mine workers (former or current) who previously
worked or continue to work in specified South African gold mines for the period owned by AngloGold Ashanti and who have
silicosis or other OLD constitute members of a class for the purpose of proceedings for declaratory relief and claims for
damages. In the event the class is certified, such class of workers would be permitted to institute actions by way of a
summons against AngloGold Ashanti for amounts as yet unspecified. On 4 September 2012, AngloGold Ashanti delivered its
notice of intention to defend this application. AngloGold Ashanti has also delivered a formal request for additional information
that it requires to prepare its affidavits in respect to the allegations and the request for certification of a class.
In addition, on or about 8 January 2013, AngloGold Ashanti and its subsidiary Free State Consolidated Gold Mines
(Operations) Limited, alongside other mining companies operating in South Africa, were served with another application to
certify a class. The applicants in the case seek to have the court certify two classes namely: (i) current and former
mineworkers who have silicosis (whether or not accompanied by any other disease) and who work or have worked on certain
specified gold mines at any time from 1 January 1965 to date; and (ii) the dependants of mineworkers who died as a result of
silicosis (whether or not accompanied by any other disease) and who worked on these gold mines at any time after 1 January
1965. AngloGold Ashanti has filed a notice of intention to oppose the application.
In October 2012, a further 31 individual summonses and particulars of claim have been received relating to silicosis and/or
other OLD. The total amount being claimed in the 31 summonses is approximately $9m. On 22 October 2012, AngloGold
Ashanti filed a notice of intention to oppose these claims. AngloGold Ashanti has also served a notice of exception to the
summonses which, if successful, is expected to require the plaintiffs to redraft the particulars of claim to correct certain errors.
It is possible that additional class actions and/or individual claims relating to silicosis and/or other OLD will be filed against
AngloGold Ashanti in the future. AngloGold Ashanti will defend all current and subsequently filed claims on their merits.
Should AngloGold Ashanti be unsuccessful in defending any such claims, or in otherwise favourably resolving perceived
deficiencies in the national occupational disease compensation framework that were identified in the earlier decision by the
Constitutional Court, such matters would have an adverse effect on its financial position, which could be material. The group
is unable to estimate its share of the amounts claimed.
(5)
Other tax disputes - In November 2007, the Departamento Nacional de Produção Mineral (DNPM), a Brazilian federal mining
authority, issued a tax assessment against AngloGold Ashanti Brazil Mineração (AABM) in the amount of $21m (2012: $22m)
relating to the calculation and payment by AABM of the financial contribution on mining exploitation (CFEM) in the period from
1991 to 2006. AngloGold Ashanti Limited’s subsidiaries in Brazil are involved in various other disputes with tax authorities.
These disputes involve federal tax assessments including income tax, royalties, social contributions and annual property tax.
The amount involved is approximately $19m (2012: $9m). Management is of the opinion that these taxes are not payable.
(6)
Sales tax on gold deliveries – In 2006, Mineração Serra Grande S.A. (MSG), received two tax assessments from the State of
Goiás related to payments of state sales taxes at the rate of 12% on gold deliveries for export from one Brazilian state to
another during the period from February 2004 to the end of May 2006. The first and second assessments are approximately
$99m (2012: attributable share $56m) and $62m (2012: attributable share $35m) respectively. In November 2006, the
administrative council’s second chamber ruled in favour of MSG and fully cancelled the tax liability related to the first period.
In July 2011, the administrative council’s second chamber ruled in favour of MSG and fully cancelled the tax liability related to
the second period. The State of Goiás has appealed to the full board of the State of Goiás tax administrative council.
In November 2011 (first case) and June 2012 (second case), the administrative council’s full board approved the suspension
of proceedings and the remittance of the matter to the Department of Supervision of Foreign Trade (COMEX) for review and
verification. The company believes both assessments are in violation of federal legislation on sales taxes. A final hearing
before the COMEX has been scheduled for 28 May 2013.
(7)
Other tax disputes - MSG received a tax assessment in October 2003 from the State of Minas Gerais related to sales taxes
on gold. The tax administrators rejected the company’s appeal against the assessment. The company is now appealing the
dismissal of the case. The assessment is approximately $19m (2012: attributable share $9m).
(8)
Tax dispute – AngloGold Ashanti Colombia S.A. (AGAC) received notice from the Colombian Tax Office (DIAN) that it
disagreed with the company’s tax treatment of certain items in the 2011 and 2010 income tax returns. The company believes
that it has applied the tax legislation correctly. The company is considering defending AGAC’s position. An estimated
additional tax of $25m will be payable if the tax returns are amended. Penalties and interest for the additional tax are
expected to be $131m, based on Colombian tax law.
(9)
Indemnity - As part of the acquisition by AngloGold Ashanti of the remaining 50% interest in MSG during June 2012, Kinross
Gold Corporation (Kinross) has provided an indemnity to a maximum amount of BRL255m ($127m at 31 March 2013
exchange rates) against the specific exposures discussed in items 6 and 7 above. At 31 March 2013, the company has
estimated that the maximum contingent asset is $93m.
(10)
Royalty – As a result of the sale of the interest in the Boddington Gold Mine during 2009, the group is entitled to receive a
royalty on any gold recovered or produced by the Boddington Gold Mine, where the gold price is in excess of Boddington
Gold Mine's cash cost plus $600/oz. The royalty commenced on 1 July 2010 and is capped at a total amount of $100m, of
which $68m (2012: $45m) have been recorded to date. Royalties of $8m (2012: $11m) were receivable during the quarter.
(11)
Royalty – As a result of the sale of the interest in the Tau Lekoa Gold Mine during 2010, the group is entitled to receive a
royalty on the production of a total of 1.5Moz by the Tau Lekoa Gold Mine and in the event that the average monthly rand
price of gold exceeds R180,000/kg (subject to an inflation adjustment). Where the average monthly rand price of gold does
not exceed R180,000/kg (subject to an inflation adjustment), the ounces produced in that quarter do not count towards the
total 1.5Moz upon which the royalty is payable.
The royalty will be determined at 3% of the net revenue (being gross revenue less state royalties) generated by the Tau
Lekoa assets. Royalties on 331,558oz produced have been received to date. Royalties of $1m (2012: $1m) were received
during the quarter.
(12)
Provision of surety – The company has provided surety in favour of a lender on a gold loan facility with its associate Oro
Group (Pty) Limited and one of its subsidiaries to a maximum value of $11m (2012: $13m). The probability of the non-
performance under the suretyships is considered minimal. The suretyship agreements have a termination notice period of
90 days.