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Harmony - Competition Tribunal rules in Harmony"s favour

Release Date: 19/11/2004 09:47:01      Code(s): HAR
Harmony - Competition Tribunal rules in Harmony"s favour                        
Harmony Gold Mining Company Limited                                             
(Incorporated in the Republic of South Africa)                                  
(Registration number 1950/038232/06)                                            
Share code: HAR     ISIN: ZAE000015228                                          
("Harmony")                                                                     
NEWS RELEASE FROM HARMONY                                                       
18 November 2004                                                                
Competition Tribunal rules in Harmony"s favour                                  
The Competition Tribunal today dismissed with costs an application by Gold      
Fields Limited ("Gold Fields") to interdict the Early Settlement Offer. The     
Early Settlement Offer will therefore continue to be implemented as announced   
and will close on 26th November 2004.                                           
"Gold Fields has been spectacularly unsuccessful in trying to frustrate         
Harmony"s offers through every possible legal and regulatory means in South     
Africa. It continues with litigation in the United States that we believe has no
merit.  One has to seriously question the objectives of the Gold Fields" board. 
It appears that Gold Fields" management do not understand their fiduciary       
duties," said CE Bernard Swanepoel.                                             
ENDS                                                                            
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  jennifer@bmsa.co.za 
Patrick Lawlor      +27 (0)11 214 2410  +27 (0)82 459 6709  patrick@bmsa.co.za  
United States - Financial Dynamics Business Communications                      
Hollis Rafkin-Sax   +1 212 850 5789     +1 917 509 0255    hrafkin-sax@fd-us.com
Torie Pennington    +1 212 850 5629     +1 917 838 1369    tpennington@fd-us.com
United Kingdom - Financial Dynamics Business Communications                     
Nic Bennett         +44(0)207 269 7115  +44(0)7979 536 619 nic.bennett@fd.com   
Charles Watenphul   +44(0)207 269 7216  +44(0)7866 438 013                      
charles.watenphul@fd.com                                                        
US Information Agent - MacKenzie Partners, Inc                                  
Daniel Burch        +212 929 5500                 proxy@mackenziepartners.com   
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           
announcement 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      
amended.                                                                        
The directors of Harmony accept responsibility for the information contained in 
this announcement.  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 announcement is in accordance with the facts  
and does not omit anything likely to affect the import of such information.     
Date: 19/11/2004 09:47:04 AM Supplied by www.sharenet.co.za                     
Produced by the JSE SENS Department                                             
                                                                                
                                                                                
                                                                                



                                        
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