SEC Comment Letter for HARMONY GOLD MINING CO (HMY) — Mar 22, 2012
HARMONY GOLD MINING CO LTD
Date: March 22, 2012 · CIK: 0001023514 · Accession: 0000000000-12-014792
AI Filing Summary & Sentiment
File numbers found in text: 001-31545
Letter
March 22, 2012 Via E-mail Marian van der Walt Executive: Corporate a nd Investor Relations Harmony Gold Mining Company Limited Randfontein Office Park CNR Ward Avenue and Main Reef Road Randfontein, South Africa, 1760 Re: Harmony Gold Mining Company Limited Form 20-F for the Fiscal Year Ended June 30, 2011 Filed October 24, 2011 File No. 001-31545
Dear Marian van der Walt: We have reviewed your filing and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to this letter within ten business days by amending your filing, by providing the requested information, or by advi sing us when you will provide the requested response. If you do not believe our comments apply to your fact s and circumstances or do not believe an amendment is appropriate, pl ease tell us why in your response.
After reviewing any amendment to your filing and the information you provide in response to these comments, we ma y have additional comments.
Liquidity and Capital Resources, page 108
Contractual Obligations and Comm ercial Commitments, page 110 1. We note your disclosure on page 26 that you have budgeted US$537 million for capital expenditures in fiscal 2012 and that your hi storical capital expenditures in each of your previous three years have been above US$400 m illion. Please tell us your basis for not discussing your entire amount budgeted within your liquidity s ection. Note that Item 5.D of Form 20-F requires a discussion of any demands, commitments or events that are reasonably likely to have a material effect on the comp any’s liquidity or capital resources.
Marian van der Walt Harmony Gold Mining Company Limited March 22, 2012 Page 2
We urge all persons who are responsible for th e accuracy and adequacy of the disclosure in the filing to be certain that the filing include s the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules requir e. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In responding to our comments, please provi de a written statement from the company acknowledging that: the company is responsible for the adequacy an d accuracy of the disclo sure in the filing;
staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and
the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federa l securities laws of the United States.
Please contact Adam F. Turk at (202 ) 551 3657 or me at (202) 551-3795 with any questions. Sincerely, /s/ John Reynolds John Reynolds Assistant Director
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March 22, 2012 Via E-mail Marian van der Walt Executive: Corporate a nd Investor Relations Harmony Gold Mining Company Limited Randfontein Office Park CNR Ward Avenue and Main Reef Road Randfontein, South Africa, 1760 Re: Harmony Gold Mining Company Limited Form 20-F for the Fiscal Year Ended June 30, 2011 Filed October 24, 2011 File No. 001-31545 Dear Marian van der Walt: We have reviewed your filing and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to this letter within ten business days by amending your filing, by providing the requested information, or by advi sing us when you will provide the requested response. If you do not believe our comments apply to your fact s and circumstances or do not believe an amendment is appropriate, pl ease tell us why in your response. After reviewing any amendment to your filing and the information you provide in response to these comments, we ma y have additional comments. Liquidity and Capital Resources, page 108 Contractual Obligations and Comm ercial Commitments, page 110 1. We note your disclosure on page 26 that you have budgeted US$537 million for capital expenditures in fiscal 2012 and that your hi storical capital expenditures in each of your previous three years have been above US$400 m illion. Please tell us your basis for not discussing your entire amount budgeted within your liquidity s ection. Note that Item 5.D of Form 20-F requires a discussion of any demands, commitments or events that are reasonably likely to have a material effect on the comp any’s liquidity or capital resources. Marian van der Walt Harmony Gold Mining Company Limited March 22, 2012 Page 2 We urge all persons who are responsible for th e accuracy and adequacy of the disclosure in the filing to be certain that the filing include s the information the Securities Exchange Act of 1934 and all applicable Exchange Act rules requir e. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In responding to our comments, please provi de a written statement from the company acknowledging that: the company is responsible for the adequacy an d accuracy of the disclo sure in the filing; staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federa l securities laws of the United States. Please contact Adam F. Turk at (202 ) 551 3657 or me at (202) 551-3795 with any questions. Sincerely, /s/ John Reynolds John Reynolds Assistant Director