Application for leave to appeal to the constitutional court by Imperial Crown Trading 289 (Pty) Ltd Kumba Iron Ore Limited A member of the Anglo American plc group (Incorporated in the Republic of South Africa) Registration number 2005/015852/06 JSE Share code: KIO ISIN: ZAE000085346 ("Kumba") APPLICATION FOR LEAVE TO APPEAL TO THE CONSTITUTIONAL COURT BY IMPERIAL CROWN TRADING 289 (PTY) LTD AND THE DEPARTMENT OF MINERAL RIGHTS AGAINST THE SUPREME COURT OF APPEAL DECISION IN RELATION TO THE GRANT OF A PROSPECTING RIGHT TO IMPERIAL CROWN TRADING 289 (PTY) LTD Shareholders were advised on 28 March 2013 that the Supreme Court of Appeal had dismissed the appeals of the Department of Mineral Rights (“DMR”) and Imperial Crown Trading 289 (Pty) Ltd (“ICT”) against the decision of the North Gauteng High Court, which, inter alia, set aside the grant of a prospecting right to ICT by the DMR. The Supreme Court of Appeal held that as a matter of law and as at midnight on 30 April 2009, Sishen Iron Ore Company (Pty) Ltd (“SIOC”) became the sole holder of the mining right to iron ore in respect of the Sishen Mine, after ArcelorMittal South Africa Limited failed to convert its undivided share of the old order mining right. Both ICT and the DMR have lodged applications for leave to appeal to the Constitutional Court against the decision of the Supreme Court of Appeal. Shareholders will be informed of any further material developments in this regard. Pretoria 23 April 2013 Sponsor RAND MERCHANT BANK (A division of FirstRand Bank Limited) For further information please contact: Anne Dunn Tel.: +27 (0)11 502 7404 / +27 (0)82 448 2684 Date: 23/04/2013 02:00:00 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.