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CONTINGENCIES
12 Months Ended
Jun. 30, 2022
Contingencies [abstract]  
Contingencies
26
 
CONTINGENCIES
SIGNIFICANT ACCOUNTING JUDGEMENTS
The assessment
 
of whether
 
an obligating
 
event results
 
in a
 
liability or
 
a contingent
 
liability requires
 
the exercise
 
of significant
judgement
 
of
 
the
 
outcome
 
of
 
future
 
events
 
that
 
are
 
not
 
wholly
 
within
 
the
 
control
 
of
 
the
 
Group.
 
Litigation
 
and
 
other
 
judicial
proceedings
 
inherently
 
entail
 
complex
 
legal
 
issues
 
that
 
are
 
subject
 
to
 
uncertainties
 
and
 
complexities
 
and
 
are
 
subject
 
to
interpretation.
ACCOUNTING POLICIES
Contingent liabilities
A contingent liability is a possible obligation arising from
 
past events and whose existence will be confirmed only
 
by occurrence
or non-occurrence
 
of one
 
or more uncertain
 
future events not
 
wholly within
 
the control of
 
the Group.
 
A contingent liability
 
may
also be a present obligation arising from past events but is not recognised on
 
the basis that an outflow of economic resources to
settle the obligation is not
 
viewed as probable, or the amount
 
of the obligation cannot be
 
reliably measured. When the Group
 
has
a
 
present
 
obligation,
 
an
 
outflow
 
of
 
economic
 
resources
 
is
 
assessed
 
as
 
probable
 
and
 
the
 
Group
 
can
 
reliably
 
measure
 
the
obligation, a provision is recognised.
Contingent assets
Contingent assets are
 
possible assets whose
 
existence will be
 
confirmed by the
 
occurrence or
 
non-occurrence of uncertain
 
future
events that are not wholly within the control of the entity. Contingent assets are not recognised, but they are disclosed when it is
more likely
 
than not
 
that an
 
inflow
 
of benefits
 
will occur.
 
However,
 
when the
 
inflow
 
of
 
benefits
 
is virtually
 
certain
 
an asset
 
is
recognised in the statement of financial position, because that asset is no longer considered to be contingent.
26.1
 
CONTINGENT LIABILITY FOR OCCUPATIONAL
 
LUNG DISEASES
On May 3, 2018, former mineworkers and dependents of deceased mineworkers (“Applicants”) and Anglo American South
Africa Limited, AngloGold Ashanti Limited, Sibanye Gold Limited, Harmony Gold Mining Company Limited, Gold Fields Limited,
African Rainbow Minerals Limited and certain of their affiliates (“Settling Companies”) settled the class certification application
in which the Applicants in each sought to certify class actions against gold mining houses cited therein on behalf of mineworkers
who had worked for any of the particular respondents and who suffer from any occupational lung disease, including silicosis or
tuberculosis. The fund managing the compensation for the Applicants has started disbursing funds to the claim beneficiaries.
The DRDGOLD Respondents, DRDGOLD Limited and East Rand Proprietary Mines Limited, are not a party to the settlement
between the Applicants and Settling Companies and the settlement agreement is not binding on the DRDGOLD Respondents.
The dispute, insofar as the class certification application and appeal thereof is concerned, still stands and has not terminated in
light of the settlement agreement.
In terms of the class action, the DRDGOLD respondents has lodged an appeal against certain aspects of the class action, inter
alia the extension of the remedy entertained in the class action, and the inclusion of tuberculosis as a basis for liability. The
Appeal record has been finalised and the allocation of a date for the hearing of the Appeal is November 11, 2022.
DRDGOLD maintains the view that it is too early to consider settlement of the matter, mainly for the following reasons:
• the Applicants have as yet not issued and served a summons (claim) in the matter;
• there is no indication of the number of potential claimants that may join the class action against the DRDGOLD Respondents;
• many principles upon which legal responsibility is founded, are required to be substantially developed by the trial court (and
possibly subsequent courts of appeal) to establish liability on the bases alleged by the Applicants.
In light of the above there is inadequate information to determine if a sufficient legal and factual basis exists to establish liability,
and to quantify such potential liability.
26.2
 
CONTINGENT LIABILITY FOR ENVIRONMENTAL
 
REHABILITATION
Mine residue deposits may have a potential pollution impact on ground water through seepage. The Group has taken certain
preventative actions as well as remedial actions in an attempt to minimise the Group’s exposure and environmental
contamination.
The flooding of the western and central basins has the potential to cause pollution due to Acid Mine Drainage (“AMD”)
contaminating the ground water. The government has appointed Trans-Caledon Tunnel Authority (“TCTA”) to construct a partial
treatment plant to prevent the ground water being contaminated. TCTA completed the construction of the neutralisation plant
for the Central Basin and commenced treatment during July 2014. As part of the heads of agreement signed in December 2012
between EMO, Ergo, ERPM and TCTA, sludge emanating from this plant since August 2014 has been co-disposed onto the
Brakpan/Withok Tailings Storage facility. Partially treated water has been discharged by TCTA into the Elsburg Spruit.
This agreement includes the granting of access to the underground water basin through one of ERPM’s shafts and the rental of
a site onto which it constructed its neutralisation plant. In exchange, Ergo and its associate companies including ERPM have a
setoff against any future directives to make any contribution toward costs or capital of up to R250 million. Through this
agreement, Ergo also secured the right to purchase up to 30 Ml of partially treated AMD from TCTA at cost, to reduce Ergo’s
reliance on potable water for mining and processing purposes.
26
 
CONTINGENCIES
continued
26.2
 
CONTINGENT LIABILITY FOR ENVIRONMENTAL
 
REHABILITATION
While the heads of agreement
 
should not be seen as
 
an unqualified endorsement of the state’s
 
AMD solution, and do not affect
our right to either challenge future directives or to implement our own initiatives should it become necessary, it is an encouraging
development.
 
In view of the limitation of current information for the accurate
 
estimation of a potential liability,
 
no reliable estimate can be made
for the possible obligation.
During the current
 
year, a
 
report was produced
 
regarding the extent
 
of ground water
 
seepage from the
 
Brakpan/Withok tailings
storage
 
facility
 
by
 
an
 
expert.
 
The
 
report
 
suggests
 
that
 
scavenger
 
boreholes
 
be
 
constructed
 
around
 
the
 
dam
 
to
 
deal
 
with
 
the
seepage. The majority of the scavenger boreholes have been
 
constructed and are currently operational and the results are being
monitored. Management is currently
 
investigating a sustainable solution
 
to deal with the
 
seepage post the closure
 
of the mine and
therefore no reliable estimate can be made for the post closure liability.
26.3
 
CONTINGENCIES
 
REGARDING
 
EKURHULENI
 
METROPOLITAN
 
MUNICIPALITY
 
ELECTRICITY
 
TARIFF
DISPUTE
Refer note 24 PAYMENTS
 
MADE UNDER PROTEST for a full description of the matter.
Contingent liability
The Municipality has issued two summonses for
 
the recovery of arrears it alleges
 
it is owed amounting to R
74.0
 
million and R
31.6
million, respectively.
 
The group supported by the
 
external legal team is confident
 
that there is a
 
high probability that Ergo will
 
be
successful in defending the Summonses. Therefore, there is no present obligation as a result of
 
a past event to pay the amounts
claimed by the Municipality.
Contingent asset
Ergo
 
instituted
 
a
 
counterclaim against
 
the
 
Municipality
 
for
 
the recovery
 
of
 
the
 
surcharges which
 
were
 
erroneously paid
 
to
 
the
Municipality in the
 
bona fide belief
 
that they were
 
due and payable
 
prior to the
 
Main Application of
 
approximately R
43
 
million (these
surcharges were expensed for accounting purposes).