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ACL - ArcelorMittal South Africa - Reviewed group financial results for the year

Release Date: 10/02/2010 08:00
Code(s): ACL
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ACL - ArcelorMittal South Africa - Reviewed group financial results for the year ended 31 December 2009 ArcelorMittal South Africa Limited (Incorporated in the Republic of South Africa) Registration number: 1989/002164/06 Share code: ACL ISIN: ZAE000134961 ("ArcelorMittal South Africa", "the company" or "the group") Reviewed group financial results for the year ended 31 December 2009 Financial review ArcelorMittal South Africa posted a headline loss of R440 million for 2009 compared to a profit of R9 484 million in the previous financial year. This sharp decline in the financial performance was due to the severe impact of the global economic crisis on the steel industry, which was further aggravated by losses on changes in foreign exchange rates due to the strengthening of the Rand against the US Dollar. However, the company`s financial performance improved markedly as the year progressed. A headline loss of R844 million during the first half was followed by a profit of R404 million in the second half. This turnaround was even more pronounced in the fourth quarter with headline earnings of R469 million compared to an average quarterly loss of R303 million during the first three quarters. The better performance in the latter part of 2009 was driven by higher sales volumes and improved prices following the slight recovery in the global economy as well as a lower cost base, led by cheaper coal contracts. Following the headline loss of R440 million for the year, no dividend will be paid. However, our dividend policy of declaring one third of headline earnings remains. Hot rolled coil cash costs per tonne were up by 0.9% year-on-year due to the use of expensive coal for most of 2009, exacerbated by a 16% decline in flat steel production volumes during the year. The cash costs per tonne of billets decreased by 9% supported by the 11% rise in long steel product volumes in 2009. This trend was reversed in the fourth quarter with the cash cost of hot rolled coil falling by 6%, compared to the third quarter, following the reduction of coal prices and 31% higher production volumes. The cash cost of billets, while also benefiting from lower coal prices, increased by 1% during the fourth quarter, mainly due to a 11% fall in production volumes. Sales volumes for the year were 12% down compared to 2008 as domestic sales dropped by 30% to 3.1 million tonnes. This was only partially offset by a 95% rise in export sales to 1.4 million tonnes. Average net export prices for hot rolled coil were down by 48% in 2009. Quarterly headline earnings/(loss) (unaudited) Quarter to Rm US$m Exchange rate March 2008 2 003 265 7.55 June 2008 2 573 330 7.79 Average 2 288 298 7.67 September 2008 3 772 485 7.78 December 2008 1 136 114 9.93 Average 2 454 300 8.86 March 2009 (237) (24) 9.96 June 2009 (607) (72) 8.48 Average (422) (48) 9.22 September 2009 (65) (8) 7.81 December 2009 469 63 7.49 Average 202 28 7.65 Market review International market There has been a steady recovery in steel demand as the global economy begins its recovery. Inventories are at historically low levels, stimulus plans are having their desired effect and countries around the world are emerging from recession. However, it is expected that the market will remain fragile through 2010. Strong growth is noticeable in developing markets such as India, Brazil, Africa, the Middle East and especially China where the outlook is particularly strong. In developed markets, on the other hand, prospects are more subdued, especially in the US and Europe, where only a modest recovery is expected in the near future. Stronger steel prices are further supported by rising coal, iron ore and scrap prices. The average capacity utilisation for the global steel industry improved during the year to 71% in December 2009 from 58% a year earlier. Domestic market After three quarters of negative growth, South Africa`s real gross domestic product recorded an annualised increase of 0.9% in the third quarter. Early indications are that the improved conditions continued into the fourth quarter of 2009 led by a gradual recovery in the manufacturing sector. Meaningful month- on-month growth levels are being reported for basic iron and steel products other fabricated metal products and for the production of vehicles and associated equipment. It thus appears that South Africa has joined other emerging markets in avoiding a widespread and extended economic recession though the recovery this year is likely to be moderate. Operational review ArcelorMittal South Africa reported an operating profit of R229 million for 2009, comprising a R614 million loss at our Flat Steel Products business, a profit of R315 million at our Long Steel Products business and a R449 million profit from our Coke and Chemicals division. At an EBITDA level all the business units were positive with profits of R381 million, R591 million and R556 million respectively. Liquid steel production last year was cut by 8.1% to 5.3 million tonnes to align output to lower demand levels. Demand levels picked up considerably during the fourth quarter and Blast Furnace C was restarted at Vanderbijlpark Works to meet the increased orders. Fourth quarter capacity utilisation was close to 80% compared with an average 65% during the first three quarters. Safety, health and environment The company`s sustained actions to improve its safety performance were marred by the tragic accident at Newcastle Works on 30 December 2009 in which four workers were killed. The workers died of asphyxiation while involved in maintenance work at a basic oxygen furnace. The four deaths bring the number of fatalities last year to five. We extend our heartfelt condolences to the families and friends of the deceased. The tragedy has strengthened our resolve to achieve zero fatalities and injuries at our operations. The lost-time injury frequency rate per million hours worked worsened during 2009 to 2.6 from 2.4 in 2008. Environmental matters feature prominently on the company`s priority list, though the impact of the global economic crisis necessitated the postponement of capital spending on some environmental projects planned for 2009. Crucial projects were however not postponed and the new dust extraction system at the steelmaking facilities of Vereeniging Works was completed by end December 2009. The Coke Oven Gas and Water Cleaning Project at Vanderbijlpark Works that will reduce SO2 emissions from the Works by an approximate 40%, has been commissioned in January 2010. Capital projects A number of capital projects that were suspended in the first half of 2009 have been re-activated. In addition, the company has identified a number of growth and savings related projects, which are currently being fast-tracked for implementation. The refurbishment of the Tin Line at Vanderbijlpark Works after 30 years of service was successfully completed. Contingent liabilities The case brought before the Competition Tribunal (the "Tribunal") by gold miners Harmony Gold Mining Company Limited and DRD Gold Limited, which was appealed and subsequently referred back by the Competition Appeal Court to the Tribunal, was settled without the admission of guilt. A formal notice of withdrawal was handed to the Tribunal. The case brought by Barnes Fencing Industries Limited relating to alleged price and payment discrimination on the sale of low carbon wire rod products is continuing in accordance with Tribunal procedures. A date for the hearing has not been set. The Competition Commission investigated ArcelorMittal South Africa and four other primary steel producers in South Africa relating to alleged market collusion and price fixing of certain long steel products. The Competition Commission referred the matter to the Tribunal for adjudication and recommended a financial penalty of 10% of the company`s 2008 turnover. In preparing a response to the referral, ArcelorMittal South Africa filed a separate interlocutory application with the Tribunal on 17 December 2009. Changes to the board of directors * Dr KDK Mokhele resigned as Independent Non-executive Director and Chairman of the Board with effect from 4 December 2009. * MJN Njeke was appointed Acting Chairman of the Board with effect from 4 December 2009 and confirmed as Chairman of the Board with effect from 4 February 2010. * Dr LGJJ Bonte resigned as President and Executive Director of the Board with effect from 30 November 2009. * M MacDonald was appointed as an Independent Non-executive Director of the Board, with effect from 4 February 2010. Outlook for quarter one 2010 Financial results for the first quarter of 2010 are expected to improve further on the fourth quarter 2009, boosted by a combination of higher production, higher sales volumes and improved international sales prices. This will be partially offset by a rise in coal, scrap, alloy and iron ore input prices. Changes in the Rand/US Dollar exchange rate will always have an important impact on earnings. On behalf of the board NMC Nyembezi-Heita Chief Executive Officer HJ Verster Chief Financial Officer 4 February 2010 Salient features Year ended 31 December 2009 2008
Reviewed Audited Rm Rm Reconciliation of earnings before interest, taxation, depreciation and amortisation (EBITDA) Profit from operations 229 12 159 Adjusted for: -'impairment charge 26 121 -'depreciation 1 279 1 310 -'amortisation of intangible assets 13 12 EBITDA 1 547 13 602 Reconciliation of headline (loss)/earnings (Loss)/profit for the year (478) 9 381 Adjusted for: -'loss on disposal or scrapping of assets 29 39 -'impairment charge 26 121 -'impairment reversal (9) (36) -'tax effect (8) (21) Headline (loss)/earnings (440) 9 484 Headline (loss)/earnings per share (cents) -'basic (104) 2 128 -'diluted (104) 2 120 Selected ratios (%) EBITDA margin 6.0 34.1 Return on ordinary shareholders` equity per annum -'attributable earnings (1.9) 38.6 -'headline earnings (1.8) 39.0 Net cash to equity 18.1 28.8 Share statistics Ordinary shares (thousands) -'in issue 401 202 445 752 -'weighted average number of shares 423 050 445 752 -'diluted weighted average number of 423 684 447 433 shares Share price (closing) (Rand) 103.00 88.45 Market capitalisation (Rand million) 41 324 39 427 Net asset value per share (Rand) 54.65 62.80 Dividend per share (cents) -'interim 342 -'final 365 Condensed group income statement Year ended 31 December 2009 2008 Reviewed Audited Rm Rm
Revenue 25 598 39 914 Raw materials and consumables used (14 003) (18 556) Employee costs (2 640) (2 598) Energy (2 062) (1 474) Movement in inventories of finished goods (1 296) 1 844 and work in progress Impairment charge (Note 2) (26) (121) Depreciation (1 279) (1 310) Amortisation of intangible assets (13) (12) Other operating expenses (4 050) (5 528) Profit from operations 229 12 159 (Losses)/gains on changes in foreign (813) 637 exchange rates and financial instruments (Note 3) Interest income 199 318 Finance costs (Note 4) (276) (238) Income from investments 3 3 Income from equity accounted investments 206 331 (net of tax) Impairment reversal (Note 5) 9 36 (Loss)/profit before tax (Note 6) (443) 13 246 Income tax expense (Note 7) (35) (3 865) (Loss)/profit for the year (478) 9 381 Attributable to: Owners of the company (478) 9 381 (Loss)/earnings per share (cents) -'basic (113) 2 105 -'diluted (113) 2 097 Condensed group statement of comprehensive income Year ended 31 December 2009 2008 Reviewed Audited
Rm Rm (Loss)/profit for the year (478) 9 381 Other comprehensive income Exchange differences on translation of (380) 591 foreign operations Gains/(losses) on available-for-sale 37 (71) investments taken to equity Movement in losses and gains deferred to 158 (91) equity on cash flow hedges Share of other comprehensive income of 135 equity accounted investments Income tax on (expenses)/income taken (40) 25 directly to equity Total comprehensive (loss)/income for the (568) 9 835 year Attributable to: Owners of the company (568) 9 835 Condensed group statement of financial position As at 31 December 2009 2008
Reviewed Audited Rm Rm Assets Non-current assets 18 490 18 159 Property, plant and equipment 15 862 15 917 Intangible assets 72 71 Equity accounted investments (Note 8) 2 369 1 968 Other financial assets 187 203 Current assets 12 294 19 276 Inventories 5 767 8 642 Trade and other receivables 2 096 2 031 Other financial assets 83 174 Cash and cash equivalents 4 348 8 429 Total assets 30 784 37 435 Equity and liabilities Shareholders` equity 21 925 27 995 Stated capital 37 37 Non-distributable reserves (2 344) 1 503 Retained income 24 232 26 455 Non-current liabilities 4 632 4 774 Borrowings and other payables (Note 9) 220 273 Finance lease obligations 557 314 Deferred income tax liability 2 435 2 526 Provision for post-retirement medical 8 9 costs Non-current provisions 1 412 1 652 Current liabilities 4 227 4 666 Trade and other payables 3 496 3 384 Borrowings and other payables (Note 9) 153 100 Finance lease obligations 57 40 Taxation 8 780 Other financial liabilities 3 157 Current provisions 510 205 Total equity and liabilities 30 784 37 435 Condensed group statement of cash flows Year ended 31 December
2009 2008 Reviewed Audited Rm Rm Cash inflow from operating activities 1 693 5 511 Cash generated from operations 4 705 10 939 Interest income 199 318 Finance costs (121) (59) Dividend paid (1 627) (2 398) Income tax paid (934) (3 087) Realised foreign exchange movement (529) (202) Cash outflow from investing activities (1 346) (1 813) Investment to maintain operations (784) (1 413) Investment to expand operations (130) (419) Proceeds from disposals of property, 2 plant and equipment Investment in associate (524) Investment income - interest 3 3 Dividend from equity accounted 89 14 investments Cash outflow from financing activities (4 067) (121) Repurchase of shares (3 918) Repayment of borrowings and finance lease (149) (121) obligations (Decrease)/increase in cash and cash (3 720) 3 577 equivalents Effect of foreign exchange rate changes (361) 818 Cash and cash equivalents at beginning of 8 429 4 034 year Cash and cash equivalents at end of year 4 348 8 429 Segment information Segment revenue Year ended 31 December
2009 2008 Reviewed Audited Rm Rm Flat Carbon Steel Products - external sales 15 889 24 447 - inter-segment sales 403 1 066 Long Carbon Steel Products - external sales 8 112 11 936 -'inter-segment sales 419 1 014 Coke and Chemicals -'external sales 1 597 3 496 -'inter-segment sales 56 67 Adjustments and eliminations (878) (2 112) Total revenue 25 598 39 914 Distributed as: -'Local 20 344 34 931 - Export ' Africa 3 508 2 752 ' Europe 108 323 ' Asia 1 554 1 696 ' Other 84 212 All of the segment revenue reported above is from external customers. Segment profit from operations Year ended 31 December 2009 2008 Reviewed Audited
Rm Rm Operating (loss)/profit before depreciation, amortisation and impairment - Flat Carbon Steel Products 381 8 112 - Long Carbon Steel Products 591 3 993 - Coke and Chemicals 556 1 781 - Corporate and Other 19 (284) Depreciation and amortisation - Flat Carbon Steel Products (995) (1 105) - Long Carbon Steel Products (250) (200) - Coke and Chemicals (107) (38) - Corporate and Other 60 21 Impairment charge - Long Carbon Steel Products (26) (121) (Loss)/profit from operations - Flat Carbon Steel Products (614) 7 007 - Long Carbon Steel Products 315 3 672 - Coke and Chemicals 449 1 743 - Corporate and Other 79 (263) Profit from operations 229 12 159 Segment assets Year ended 31 December
2009 2008 Reviewed Audited Rm Rm Flat Carbon Steel Products 18 430 20 198 Long Carbon Steel Products 4 530 5 097 Coke and Chemicals 887 1 130 Corporate and Other 6 937 11 010 Total assets 30 784 37 435 Unaudited supplementary physical information (`000 tonnes) Year ended 31 December 2009 2008
Flat Carbon Steel Products Liquid steel production 3 428 4 084 Sales 2 858 3 412 Long Carbon Steel Products Liquid steel production 1 879 1 690 Sales 1 615 1 677 Total Liquid steel production 5 307 5 774 Sales 4 473 5 089 -'local 3 072 4 375 -'export 1 401 714 Local sales as percentage of total sales 69 86 Condensed group statement of changes in equity Non-distributable reserves Stated Treasur Capita Manage- Share- Attri- capita y share l ment based butable
l equity redemp- share pay- reserves Rm reserve tion trust ment of Rm reserv Rm reserv equity e e accounte
Rm Rm d invest- ments Rm
Balance at 1 37 23 (149) 62 820 January 2008 (audited) Total comprehensive income for the year (net of income tax) Management share (58) trust: net treasury share purchases Share-based payment 33 expense Dividend Transfer of equity 317 accounted earnings Balance at 31 37 23 (207) 95 1 137 December 2008 (audited) Total comprehensive income for the year (net of income tax) Management share (12) trust: net treasury share purchases Share-based payment 55 expense Repurchase of (3 918) shares Dividend Transfer of equity 118 accounted earnings Balance at 31 37 (3 918) 23 (219) 150 1 255 December 2009 (reviewed) * R130 million relates to equity accounted investments ** R5 million relates to equity accounted investments Condensed group statement of changes in equity Non-distributable reserves Financia Trans- Cash Retaine Total
l lation of flow d share- assets foreign hedge income holders` availabl operation account Rm equity e-for- s -ing Rm
sale Rm Rm Rm Balance at 1 62 (7) (54) 19 789 20 583 January 2008 (audited) Total comprehensive (71) 591 (66) 9 381 9 835 income for the year (net of income tax) Management share (58) trust: net treasury share purchases Share-based payment 33 expense Dividend (2 398) (2 398) Transfer of equity (317) accounted earnings Balance at (9) 584 (120) 26 455 27 995 31 December 2008 (audited) Total comprehensive *171 **(375) 114 (478) (568) income for the year (net of income tax) Management share (12) trust: net treasury share purchases Share-based payment 55 expense Repurchase of (3 918) shares Dividend (1 627) (1 627) Transfer of equity (118) accounted earnings Balance at 162 209 (6) 24 232 21 925 31 December 2009 (reviewed) * R130 million relates to equity accounted investments ** R5 million relates to equity accounted investments Notes to the reviewed financial statements 1. Basis of preparation The condensed reviewed consolidated financial statements have been prepared in compliance with the Listing Requirements of the JSE Limited, International Financial Reporting Standards (IFRS) in particular International Accounting Standard (IAS) 34, Interim Financial Reporting as issued by the IASB and Schedule 4 of the South African Companies Act, 1973, as amended. These condensed reviewed group financial results for the year ended 31 December 2009 have been prepared on the historical cost basis, except for the revaluation of financial instruments. The group has adopted all of the new and revised standards and interpretations issued by the IASB and the International Financial Reporting Interpretations Committee (IFRIC) of the IASB that are relevant to its operations and effective for accounting periods beginning on 1 January 2009.
The accounting policies and methods of computation applied in the presentation of the financial results of the group are consistent with those applied for the year ended 31 December 2008, except for the following: - IFRS7, Financial Instruments: Disclosures Improving disclosure about financial instruments (effective from annual periods beginning on or after 1 January 2009). - Reclassification of leave payment accrual previously disclosed as "provisions" to "borrowings and other payables" following the alignment with ArcelorMittal group. For the year ended 31 December 2008, in the reclassified statement of financial position compared to the previous published statement of the group "current provisions" and "non-current provisions" decreased by R67 million and R227 million respectively with a corresponding increase in "current borrowings and other payables" and "non-current borrowings and other payables" respectively. For the year ended 31 December 2009 "current borrowings and other payables" increased by R44 million to R111 million, and "non-current borrowings and other payables" decreased by R38 million to R189 million. In addition to the above, the following amendments and interpretations have been adopted in advance of their effective date with no impact on the group`s financial results or disclosures: - IAS 24 (Revised), Related Party Disclosure (effective for annual periods beginning on or after 1 January 2011); - IFRIC 9 (Amendment), Reassessment of Embedded Derivatives and consequential amendments to IAS 39, Financial Instruments: Recognition and Measurement (effective for annual periods ending on or after 30 June 2009); - IFRS 2 (Amendment), Share-based Payment (effective for annual periods beginning on or after 1 January 2010); - IAS3 2 (Amendment), Financial Instruments: Presentation (effective for annual periods beginning on or after 1 February 2010); - IFRIC 17, Distribution of Non-cash Assets to Owners (effective for annual periods beginning on or after 1 July 2009); - IFRIC 18, Transfer of Assets from Customers (effective for annual periods beginning on or after 1 July 2009); - IFRIC 19, Extinguishing Financial Liabilities with Equity Instruments (effective for annual periods beginning on or after 1 July 2010). Year ended 31
December 2009 2008 Reviewed Audited Rm Rm
2. Impairment charge An impairment charge has been 26 recognised against the carrying amount of the Maputo Works following the closure of the plant. In 2008 an impairment charge of R93 121 million and R28 million was recognised against the carrying amounts of the Maputo Works and the Dunswart Direct Reduction facility at the Vereeniging Works respectively. 3. (Losses)/gains on changes in foreign (813) 637 exchange rates and financial instruments Gains on changes in foreign exchange 103 901 rates Losses on changes in foreign exchange (900) (256) rates Fair value (losses)/gains transferred (16) (10) from equity on ineffective derivative instruments designated as cash flow hedges Gains on changes in the fair value of 2 derivative instruments designated as held for trading at fair value through profit or loss 4. Finance costs (276) (238) Interest expense on bank overdrafts (43) (13) and loans Interest expense on finance lease (78) (46) obligations Discounting rate adjustment of the non- 48 (8) current provisions Unwinding of the discounting effect in (203) (171) the present valued carrying amount of the non-current provisions 5. Impairment reversal An impairment against the investment 9 in jointly controlled entity, Pietersburg Iron ' Company (Proprietary) Limited, has been reversed, based on mining feasibility studies being conducted within that company. Following an impairment reversal in 36 2008 against property, plant and equipment by jointly controlled entity, Microsteel (Proprietary) Limited, a corresponding reversal of R36 million impairment against the investment has been made. 6. Profit before taxation is arrived at after Directors` remuneration - executive 18 16 - non-executive 2 2 Auditors` remuneration - audit fees 9 11 - other services and expenses 2 1 7. Income tax expense 35 3 865 Current normal and deferred tax (131) 3 685 expense Normal and deferred tax expense 8 12 recognised in relation to tax of prior years Effect of change in corporate tax rate (89) Secondary tax on companies 158 244 Withholding tax on foreign income 13 8. Equity accounted investments Directors` valuation of equity 2 783 2 001 accounted investments 9. Borrowings and other payables Loan 41 51 Cash-settled share-based payment 32 28 Leave pay 300 294 Total 373 373 Disclosed as: - non-current 220 273 - current 153 100 10. Capital expenditure Incurred 914 1 832 Contracted 560 930 Authorised but not contracted 972 1 227 11. Contingent liabilities 4 705 Guarantees 4 1 Amount in legal trust 12 Litigation and claims 692 12. Operating lease commitments 51 156 Less than one year 35 79 More than one year and less than five 16 77 years 13. Related party transactions The group is controlled by ArcelorMittal Holdings AG which owns 52.02% of the company`s shares. During the year the company and its subsidiaries, in the ordinary course of business, entered into various sale and purchase transactions with associates and joint ventures. These transactions occurred under terms that are no less favourable than those arranged with third parties. 14. Directors` share option benefits Rights to options and shares held by Executive Directors in terms of the Management Share Scheme totalled 400 791 at 31 December 2009 (December 2008: 202 551), representing 0.1% (December 2008: 0.05%) of the issued shares. As part of the ArcelorMittal group exchange programme certain Executive Directors received the rights to options and shares in the ArcelorMittal AG Share Scheme. At 31 December 2009 the number totalled 8 250 (December 2008: 33 250). 15. Corporate governance The group subscribes to the Code on Corporate Practices and Conduct as contained in the second King Report on corporate governance. 16. Review by external auditors The group financial results have been reviewed by Deloitte & Touche whose unmodified review opinion is available for inspection at the company`s registered office. Registered ArcelorMittal South Africa Limited, Room N3-5, Office: Main Building, Delfos Boulevard, Vanderbijlpark, 1911 Directors: Non-executive: MJN Njeke* (Chairman), DK Chugh, CPD Cornier#, EK Diack*, M MacDonald*, S Maheshwari, LP Mondi, DCG Murray*, ND Orleyn*, AMHO Poupart- Lafarge# Executive: NMC Nyembezi-Heita (Chief Executive Officer), HJ Verster (Chief Financial Officer) Citizen of India'#Citizen of France' *Independent non-executive Company Premium Corporate Consulting Services (Proprietary) Secretary: Limited Sponsor: Deutsche Securities (SA) (Proprietary) Limited, 87 Maude Street, Sandton, 2146
Private Bag X9933, Sandton, 2146 Transfer Computershare Investor Services (Proprietary) Secretaries Limited, : 70 Marshall Street, Johannesburg, 2001 P.O. Box 61051, Marshalltown, Johannesburg, 2107 Forward-looking statements Certain statements in this release that are neither reported financial results nor other historical information, are forward-looking statements, including but not limited to statements that are predictions of or indicate future earnings, savings, synergies, events, trends, plans or objectives. Undue reliance should not be placed on such statements because, by their nature, they are subject to known and unknown risks and uncertainties and can be affected by other factors, that could cause actual results and company plans and objectives to differ materially from those expressed or implied in the forward-looking statements (or from past results). This report is available on the ArcelorMittal South Africa`s Web site at: http://www.arcelormittal.com/southafrica/ Share queries: Please call the ArcelorMittal South Africa share care toll free on 0800 006 960 or +27 11 370 7850 Vanderbijlpark 10 February 2010 Sponsor to ArcelorMittal South Africa Deutsche Securities (SA) (Proprietary) Limited Date: 10/02/2010 08:00:01 Supplied by www.sharenet.co.za Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited (`JSE`). The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on, information disseminated through SENS.

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