Letter From Foster Attorneys - View Original

To Whom It May Concern,

We confirm that we act on behalf of Occupancy Solutions (Proprietary) Limited.

We provide the following update on the arbitration proceedings between Occupancy Solutions and KZN Wildlife.

The arbitration proceeded on 15, 16,17 and 21 April 2009. The evidence of the main witnesses of Occupancy Solutions was led, and the witnesses underwent lengthy cross-examination over the allocated four days. The arbitration has now been scheduled to continue on 24, 25, 26, 27 and 28 August 2009, and in the event that the arbitration is still not finalised, the parties have provisionally arranged 21, 22, 23 and 25 September 2009 to continue.

We draw to your attention that, at this stage, the arbitration is proceeding only on the question of liability and, depending on the outcome thereof, the quantum of the claim will be decided separately, The separation of these issues is fairly standard in litigation. Furthermore, KZN Wildlife has insisted on an appeal process, although one cannot speculate at this stage as to whether either party would exercise the right.

Whilst we appreciate that the arbitration is continuing for a lengthy period, the dates allocated are the earliest possible when taking into account the availability of three senior counsel, attorneys and witnesses.

You may rest assured that Occupancy Solutions is just as anxious as members to finalise the arbitration and will do everything to expedite proceedings.

Yours faithfully,

JR Foster
5 June 2009