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Harmony - Harmony seeks leave to appeal the Competition Appeal Court ruling

Release Date: 30/11/2004 10:16:27      Code(s): HAR
Harmony - Harmony seeks leave to appeal the Competition Appeal Court ruling     
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                                                       
30 November 2004                                                                
Harmony seeks leave to appeal the Competition Appeal Court ruling               
Harmony announced that it is seeking leave from the Competition Appeal Court to 
appeal to the Supreme Court of Appeal the ruling handed down last week, which   
allows Harmony to acquire shares from Gold Fields" shareholders, but not vote   
them.  Such disenfranchisement has wider implications for corporate activity in 
South Africa.                                                                   
"Should we not be granted leave to appeal, we will petition the Supreme Court of
Appeal directly. We are simultaneously launching an application to the          
Constitutional Court to declare Section 62 of the Competition Act of 1998 (as   
amended) unconstitutional in so far as it purports to make the Competition      
Appeal Court the final court of appeal in respect of certain issues, including  
merger review" said lawyer Jean Meijer, a Director at Cliffe Dekker.            
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 merger, Harmony will file with the U.S.         
Securities and Exchange Commission ("SEC"), a registration statement on Form F- 
4, which will include a preliminary prospectus and related exchange offer       
materials, to register the Harmony ordinary shares (including Harmony ordinary  
shares represented by Harmony ADSs) to be issued in exchange for the remainder  
of Gold Fields ordinary shares held by Gold Fields shareholders located in the  
United States 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 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 and 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.        
Investors and holders of Gold Fields securities will receive information at an  
appropriate time on how to obtain transaction-related documents for free from   
Harmony or its duly designated agent. 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.
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 in the US,
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 US will only be made pursuant to a      
prospectus and related offer materials that Harmony will 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 US prior to the time the registration statement becomes        
effective.  No offering of securities shall be made in the US except by means of
a prospectus meeting the requirements of Section 10 of the United States        
Securities Act of 1933, as amended.                                             
Forward-looking Statements                                                      
Statements in this announcement include "forward-looking statements" that       
express or imply expectations of future events or results.  Forward-looking     
statements are statements that are not historical facts.  These statements      
include financial projections and estimates and their underlying assumptions,   
statements regarding plans, objectives and expectations with respect to future  
operations, products and services, and statements regarding future performance. 
Forward-looking statements are generally identified by the words "expect,"      
"anticipates," "believes," "intends," "estimates" and similar expressions.  All 
forward-looking statements involve a number of risks, uncertainties and other   
factors, and Harmony cannot give assurances that such statements will prove to  
be correct.  Risks, uncertainties and other factors that could cause actual     
events or results to differ from those expressed or implied by the forward-     
looking statements include, without limitation, the satisfaction of closing     
conditions, the acceptance or rejection of any agreement by regulators, delays  
in the regulatory processes, changes in the economic or political situation in  
South Africa, the European Union, the US and/or any other relevant jurisdiction,
changes in the gold industry within any such country or area or worldwide and   
the performance of (and cost savings realised by) Harmony.  Although Harmony"s  
management believes that the expectations reflected in such forward-looking     
statements are reasonable, investors and holders of Gold Fields securities are  
cautioned that forward-looking information and statements are subject to various
risks and uncertainties, many of which are difficult to predict and generally   
beyond the control of Harmony, that could cause actual results and developments 
to differ materially from those expressed in, or implied or projected by, the   
forward-looking information and statements.  These risks and uncertainties      
include those discussed or identified in the public filings with the SEC made by
Harmony and Gold Fields, including those listed under "Cautionary Statement     
Concerning Forward-Looking Statements" and "Risk Factors" in the preliminary    
prospectus included in the registration statement on Form F-4 that Harmony will 
file with the SEC.  Harmony does not undertake any obligation to update any     
forward-looking information or statements. You may obtain a free copy of the    
registration statement and preliminary and final prospectus (when available) and
other public documents filed with the SEC in the manner described above.        
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: 30/11/2004 10:16:35 AM Supplied by www.sharenet.co.za                     
Produced by the JSE SENS Department                                             
                                                                                
                                                                                
                                                                                



                                        
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