Response to 31 January 2026 High Court Order

Gaborone, Botswana, 3 February 2026 – On Saturday, 31 January 2026, Justice Reuben Lekorwe of the High Court of the Republic of Botswana (“the High Court”) placed Tataki Mining Company Proprietary Ltd (“Tataki”) under provisional liquidation (“Provisional Order”). The ruling followed an application by Grindwell Proprietary Limited trading as Discovery Drilling Contractors Africa (“Grindwell”). The Provisional Order is temporary and is returnable on 20 March 2026.

In response to the Provisional Order, Tataki will, of its own accord, deposit the disputed amount into escrow, without admission of liability, as part of a structured process to preserve positions pending determination of the dispute. Tataki will formally call upon Grindwell to withdraw the petition and take all necessary steps to procure the discharge of the provisional order.

Tataki’s position is that the ex parte liquidation application, brought without prior notice on a Saturday morning, represents a misuse of insolvency proceedings as a debt-collection and pressure tactic in circumstances where the alleged debt was the subject of a bona fide commercial dispute and reconciliation discussions.

Insolvency proceedings are not designed to be deployed as leverage in commercial negotiations. Where a debt is genuinely disputed on reasonable grounds, the use of liquidation proceedings to force payment is widely recognised as an abuse of process.

Tataki contends that Grindwell elected to escalate directly to liquidation proceedings, without completing the reconciliation process contemplated by the parties’ established course of dealing or engaging in meaningful dispute resolution, in an apparent attempt to exert commercial pressure to procure payment of amounts that had not been agreed or established as due.

Tataki rejects the suggestion that this matter is an insolvency issue. It is a commercial accounting dispute. The use of provisional liquidation proceedings in these circumstances is, in Tataki’s view, improper and oppressive, and designed to exert pressure rather than to resolve a genuine inability to pay.

Tataki will place evidence before the Court demonstrating that discussions regarding reconciliation and resolution were ongoing at the time the application was launched, and that Grindwell chose litigation escalation over engagement.

GCR remains committed to its investment in Tataki Mine and Botswana. In September 2025, together with the President of Botswana Duma Boko, GCR reopened Tataki Mine and in the three months that followed, we have invested millions on new equipment, refurbishing facilities, studies, and drilling. Moreover, Tataki Mine has hired nearly 50 new employees and partnered with Matsiloje Junior Secondary School to bring reliable access to clean water. We are on track to meet all 2026 investment targets, create jobs, and grow alongside Francistown and Botswana and we look forward to more good news ahead. Tataki will not permit Grindwell’s abuse of the legal processes to disrupt its progress towards reopening the Tataki Mine.

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