Our Ref Ms Evan Biljon/ea/ANGL3 MT55
Date 17 December 2002
21 West Street
PO Box 3334
Tel +27 11 483 1571
Fax +27 11 483 1503
Fax +27 11 483 0601
DX 375 Johannesburg
11 Diagonal Street
P O Box 62117
Ladies and Gentlemen,
We have acted as South African counsel to AngloGold Limited, a company organised under the laws of South Africa (the “Company”), in connection with the filing by the Company with the Securities and Exchange Commission (the “SEC”) of a Registration Statement on Form F-3 (the “Registration Statement”) and prospectus contained in the Registration Statement (the “Prospectus”), covering the registration under the U.S. Securities Act of 1933, as amended (the “Act”) of ordinary shares of the Company.
In connection with the opinions expressed below, we have examined:
|1.1||a signed copy of the Company’s Registration Statement relating to the offering of ordinary shares;|
|1.2||the memorandum and articles of association of the Company; and|
|1.3||originals, or copies certified or otherwise identified to our satisfaction, of such other documents as we have deemed necessary or appropriate as a basis for the opinion hereinafter expressed.|
In such examination, we have assumed the legal capacity of all individuals, the genuineness of all signatures, the authenticity of all documents submitted to us as originals and the conformity with the originals of all documents submitted to us as copies. Based upon the foregoing, and having regard for such legal considerations as we deem relevant, we are of the opinion that the ordinary shares to which the Registration Statement relates have been duly authorised, and when allotted by the board of directors of the Company and issued and paid for will be validly issued, fully paid and non-assessable.
We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the use of our name in the Prospectus. In giving this consent, we do not hereby concede that we are within the category of persons whose consent is required under Section 7 of the Act or the rules and regulations promulgated thereunder. We are lawyers admitted to practice in South Africa and we are not admitted in, do not hold ourselves out as being experts on, and do not express any opinion on the law of any jurisdiction other than the laws of South Africa.
|/s/ Elize van Biljon||/s/ Rupert Smith|
MERVYN TABACK INC