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32. COMMITMENTS<br />

Rand million 2011 2010<br />

Operating lease commitments<br />

The future minimum lease payments under non-cancellable operating leases are as follows:<br />

Property<br />

Within 1 year 8 14<br />

Between 1 and 2 years 40 40<br />

2 to 5 years 27 47<br />

75 101<br />

Plant and equipment<br />

Within 1 year 11 2<br />

Between 1 and 2 years 2 –<br />

2 to 5 years 1 –<br />

14 2<br />

Other<br />

2 to 5 years – 1<br />

Total operating lease commitments 89 104<br />

Commitments – shipping services<br />

The future commitments under contracts for affreightment are as follows:<br />

Within 1 year 943 –<br />

Between 1 and 2 years 924 –<br />

2 to 5 years 2,817 –<br />

More than 5 years 4,784 –<br />

The future commitments for spot vessels are as follows:<br />

Within 1 year 148 73<br />

9,616 73<br />

33. CONTINGENT ASSETS AND LIABILITIES<br />

Falémé Project<br />

<strong>Kumba</strong> initiated arbitration proceedings against La Société des Mines De Fer Du Sénégal Oriental (Miferso) and the Republic of Senegal under<br />

the rules of the Arbitration of the International Chamber of Commerce in 2007, in relation to the Falémé Project.<br />

Following the arbitration award rendered in July 2010, a mutually agreed settlement was concluded between the parties. The parties agreed that<br />

the precise terms of the settlement agreement will remain confidential. The first settlement was paid by the Republic of Senegal in April 2011.<br />

The remaining settlement amount will be recovered in equal instalments from the Republic of Senegal over the remaining four-year period, on<br />

which contingent legal costs will be payable. A portion of the amount recovered was committed to social and community development projects to<br />

benefit the population of Senegal.<br />

Audited annual financial statements<br />

Other<br />

There have been no other significant changes in the contingent assets and liabilities disclosed at 31 December 2010.<br />

34. POST-BALANCE SHEET EVENTS<br />

The directors are not aware of any other matter or circumstance arising since the end of the year and up to the date of this report, not otherwise<br />

dealt with in this report.<br />

Annual Financial Statements 2011<br />

65

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