EX-19 16 item19exhibits.htm EX-19 item19exhibits
85
ITEM 19. EXHIBITS
 
The following
 
exhibits are
 
filed as a part
 
of this Annual
 
Report:
1.1
(1)
Memorandum of
 
Association
 
of DRDGOLD Limited.
1.2
(6)
Articles of
 
Association of
 
DRDGOLD Limited,
 
as amended on
 
November 8, 2002.
1.3
(1)
Excerpts of
 
relevant provisions
 
of the South
 
African Companies
 
Act.
1.5
(9)
Memorandum of
 
Incorporation,
 
as amended on
 
November 30,
 
2012.
2.1
(1)
Excerpts of
 
relevant provisions
 
of the Johannesburg
 
Stock Exchange
 
Listings Requirements.
2.2
(4)
Indenture between
 
DRDGOLD Limited,
 
as Issuer, and The
 
Bank of New
 
York Mellon, as Trustee, dated
 
November
12, 2002.
4.1
(2)
Deposit Agreement
 
among DRDGOLD
 
Limited, The
 
Bank of New York Mellon as
 
Depositary, and owners
 
and
holders of American
 
Depositary Receipts,
 
dated as of August
 
12, 1996, as
 
amended and restated
 
as of October
 
2, 1996,
as further
 
amended and restated
 
as of August
 
6, 1998, as
 
further amended
 
and restated
 
July 23, 2007.
4.2
(3)
Form of Non-Executive
 
Employment Agreement.
4.3
(3)
Form of Executive
 
Employment Agreement.
4.4
(4)
Agreement between
 
DRDGOLD Limited
 
and Rand Refinery
 
Limited, dated
 
October 12,
 
2001.
4.5
(12)
Local Mine Bullion
 
Refining Agreement
 
between DRDGOLD
 
Limited and Rand
 
Refinery Limited,
 
dated June 27,
2018.
4.9
(8)
Sale of Shares and Claims Agreement entered into by Village
 
Main Reef Limited (“Village”),
 
DRDGOLD Limited
(“DRDGOLD”) (“Seller”), Business Venture
 
Investments No 1557 Proprietary Limited (“Purchaser”) and
Blyvooruitzicht Gold Mining Company Limited (“Blyvoor”)
 
dated February 11, 2012.
4.10
(9)
Heads of Agreement entered into by Trans
 
-Caledon Tunnel Authority (“TCTA’),
 
Ergo Mining Operations
Proprietary Limited (“EMO”), East Rand Proprietary Mines Limited (“ERPM”)
 
and Crown Gold Recoveries
Proprietary Limited (“CGR”) (collectively CGR, EMO and ERPM are called “the
 
Ergo Group”) dated November
28, 2012.
4.13(11)
Settlement Agreement between DRDGOLD Limited ("DRDGOLD") and
 
VMR Gold Investments 02 Proprietary
Limited ("VMR Gold") dated May 28, 2015.
8.1(13)
10.1(12)
DRD Exchange Agreement entered into by DRDGOLD Limited (“DRDGOLD”) and
 
Sibanye Gold Limited
10.2(12)
Sibanye-Stillwater Exchange Agreement entered into by Sibanye
 
Gold Limited and K2017449061 (South Africa)
Proprietary Limited (to be renamed WRTRP
 
Proprietary Limited) and including DRDGOLD Limited
(“DRDGOLD”)
10.3(12)
DRD Guarantee issued by DRDGOLD Limited (“DRDGOLD”) to and
 
in favor of Sibanye Gold Limited.
86
ITEM 19. EXHIBITS
 
The following
 
exhibits are
 
filed as a part
 
of this Annual
 
Report:
10.5
(12)
Closing and
 
Amending Agreement,
 
dated 20 July
 
2018, among Sibanye
 
Gold Limited,
 
WRTRP Proprietary
 
Limited
and DRDGOLD
 
Limited; each
 
of the following
 
annexures are
 
incorporated
 
by reference
 
to Sibanye-Stillwater's
Schedule 13-D,
 
Exhibit 99.5
 
filed with the
 
Securities and
 
Exchange Commission
 
on July 31, 2018
Annexure A —
 
Approval of Financial
 
Surveillance
 
Department of
 
SARB;
 
Annexure B —
 
JSE Approval
 
of DRD Circular;
 
Annexure C —
 
TRP Approval of
 
DRD Circular;
 
Annexure D —
 
Approval in
 
Terms of Competition
 
Act;
 
Annexure E —
 
Press Announcement
 
Confirming Approval
 
of DRD Shareholders;
 
Annexure F —
 
Environmental
 
Authorisations
 
and Waste Management Licences;
 
Annexure G —
 
Confirmation
 
of VAT
 
Registration
 
of Issuing Party;
 
Annexure H —
 
Lender’s Consent
 
in Terms of the Rand
 
Revolving Credit
 
Facility; and
 
Annexure I —
 
Employees of
 
the Business
 
as at the Delivery
 
Date of the
 
Closing and
 
Amending Agreement.
10.6
(12)
Revolving Credit
 
Facility.
10.8
(13)
10.9
(14)
12.1
(14)
12.2
(14)
13.1
(14)
13.2
(14)
101.INS
(14)
XBRL Instance
 
Document
101.SCH
(14)
XBRL Taxonomy Extension
 
Schema Document
101.CAL
(14)
XBRL Taxonomy Extension
 
Calculation
 
Linkbase Document
101.DEF
(14)
XBRL Taxonomy Extension
 
Definition Linkbase
 
Document
101.LAB
(14)
XBRL Taxonomy Extension
 
Label Linkbase
 
Document
101.PRE
(14)
XBRL Taxonomy Extension
 
Presentation
 
Linkbase Document
___________
87
ITEM 19. EXHIBITS
 
The following
 
exhibits are
 
filed as a part
 
of this Annual
 
Report:
(1)
 
Incorporated
 
by reference
 
to our Registration
 
Statement (File
 
No. 0-28800) on
 
Form 20-F.
 
(2)
 
Incorporated
 
by reference
 
to Amendment
 
No. 1 to our
 
Registration
 
Statement (File
 
No.
333-140850
) on Form F-6.
(3)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2000.
 
(4)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2002.
(5)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2005.
(6)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2006.
(7)
 
Incorporated
 
by reference
 
to our Annual Report
 
on Form 20-F for
 
the fiscal
 
year ended June
 
30, 2010.
(8)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2012.
(9)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended
 
June 30, 2013.
(10)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2014.
(11)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2015.
(12)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2018.
(13)
 
Incorporated
 
by reference
 
to our Annual Report
 
on Form 20-F for
 
the fiscal
 
year ended June
 
30, 2019.
(14)
 
Incorporated
 
by reference
 
to our Annual
 
Report on Form
 
20-F for the
 
fiscal year
 
ended June 30,
 
2020.
(15)
 
Filed herewith.