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Gold Fields move its frustrating legal action to the United States

Release Date: 08/11/2004 13:02:03      Code(s): HAR
Gold Fields move its frustrating legal action to the United States              
Harmony Gold Mining Company Limited                                             
(Incorporated in the Republic of South Africa)                                  
(Registration number 1950/038232/06)                                            
Share code: HAR     ISIN: ZAE000015228                                          
Press Release                                                                   
8 November 2004                                                                 
Gold Fields moves its frustrating legal action to the United States             
Harmony notes the announcement by Gold Fields Limited ("Gold Fields") on 5      
November 2004 that legal action has been launched against Harmony in the United 
States District Court, Southern District of New York.                           
This should be seen in the context of Gold Fields" numerous other attempts to   
exploit regulatory and legal manoeuvring to distract from the substantive issues
which should be put before shareholders.  It is clear to Harmony that all of    
these frustrating legal actions form a strategy by Gold Fields" board and       
management to divert attention from their value-destroying IAMGold Corporation, 
Inc. proposal and to prevent Gold Fields" shareholders from exercising their    
rights to consider a valid offer.                                               
Harmony believes that Gold Fields" action is without merit and will defend the  
action vigorously. At the same time, Harmony will make every effort to remind   
shareholders that the reason Harmony has made an offer for Gold Fields is       
because of the perceived inability of Gold Fields" management to manage those   
assets as well as Harmony believes it can.                                      
"We have made premium offers to Gold Fields" shareholders.  We believes that the
application of the Harmony Way to the assets currently owned by Gold Fields will
enhance shareholder value for both Gold Fields and Harmony shareholders," said  
Harmony CE, Bernard Swanepoel.                                                  
Harmony continues to have confidence that Gold Fields" shareholders will benefit
from the value proposition embedded in its premium offers and remains determined
to let the market be the final arbiter and to let the shareholders decide.      
Issued by (direct line, mobile, email):                                         
Harmony Gold                                                                    
Ferdi Dippenaar          +27 11 684 0140          +27 82 807 3684               
Corne Bobbert            +27 11 684 0146          +27 83 380 6614               
South Africa - Beachhead Media & Investor Relations                             
Jennifer Cohen      +27 (0)11 214 2401  +27 (0)82 468 6469                      
Patrick Lawlor      +27 (0)11 214 2410  +27 (0)82 459 6709                      
United States - Financial Dynamics Business Communications                      
Hollis Rafkin-Sax   +1 212 850 5789     +1 917 509 0255                         
Torie Pennington         +1 212 850 5629          +1 917 838 1369 tpennington@fd
United Kingdom - Financial Dynamics Business Communications                     
Nic Bennett         +44(0)207 269 7115  +44(0)7979 536 619                      
Charles Watenphul   +44(0)207 269 7216  +44(0)7866 438 013                      
US Information Agent - MacKenzie Partners, Inc                                  
Daniel Burch        +212 929 5500                                               
Steve Balet         +800 322 2885                                               
In connection with the proposed acquisition of Gold Fields, Harmony has filed a 
registration statement on Form F-4, which includes a preliminary prospectus and 
related exchange offer materials, to register the Harmony ordinary shares       
(including Harmony ordinary shares represented by Harmony American Depositary   
Shares ("ADSs")) to be issued in exchange for Gold Fields ordinary shares held  
by Gold Fields shareholders located in the US and for Gold Fields ADSs held by  
Gold Fields shareholders wherever located, as well as a Statement on Schedule   
TO.  Investors and holders of Gold Fields securities are strongly advised to    
read the registration statement and the preliminary prospectus, the related     
exchange offer materials and the final prospectus (when available), the         
Statement on Schedule TO and any other relevant documents filed with the        
Securities and Exchange Commission (SEC), as well as any amendments and         
supplements to those documents, because they will contain important information.
Investors and holders of Gold Fields securities may obtain free copies of the   
registration statement, the preliminary and final prospectus (when available),  
related exchange offer materials and the Statement on Schedule TO, as well as   
other relevant documents filed or to be filed with the SEC, at the SEC"s web    
site at www.sec.gov.  The preliminary prospectus and other transaction-related  
documents may be obtained for free from MacKenzie Partners, Inc., the           
information agent for the U.S. offer, at the following address: 105 Madison     
Avenue, New York, New York 10016; telephone 1 (212) 929 5500 (call collect) or 1
(800) 322 2885 (toll-free call); e-mail proxy@mackenziepartners.com. Investors  
and security holders may obtain a free copy of the Form 20-F filed with the SEC 
on October 5, 2004, as amended, and any other documents filed with or furnished 
to the SEC by Harmony at www.sec.gov.                                           
This communication is for information purposes only.  It shall not constitute an
offer to purchase or exchange or the solicitation of an offer to sell or        
exchange any securities of Gold Fields or an offer to sell or exchange or the   
solicitation of an offer to buy or exchange any securities of Harmony, nor shall
there be any sale or exchange of securities in any jurisdiction in which such   
offer, solicitation or sale or exchange would be unlawful prior to the          
registration or qualification under the laws of such jurisdiction.  The         
distribution of this communication may, in some countries, be restricted by law 
or regulation.  Accordingly, persons who come into possession of this document  
should inform themselves of and observe these restrictions.  The solicitation of
offers to buy Gold Fields ordinary shares (including Gold Fields ordinary shares
represented by Gold Fields ADSs) in the United States will only be made pursuant
to a prospectus and related offer materials that Harmony expects to send to     
holders of Gold Fields securities.  The Harmony ordinary shares (including      
Harmony ordinary shares represented by Harmony ADSs) may not be sold, nor may   
offers to buy be accepted, in the United States prior to the time the           
registration statement becomes effective.  No offering of securities shall be   
made in the United States except by means of a prospectus meeting the           
requirements of Section 10 of the United States Securities Act of 1933, as      
The directors of Harmony accept responsibility for the information contained in 
this press release.  To the best of the knowledge and belief of the directors of
Harmony (who have taken all reasonable care to ensure that such is the case),   
the information contained in this press release is in accordance with the facts 
and does not omit anything likely to affect the import of such information.     
Date: 08/11/2004 01:02:07 PM Supplied by www.sharenet.co.za                     
Produced by the JSE SENS Department                                             

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