BCL’s liquidator, global accounting firm KPMG’s Nigel Dixon-Warren is listed as the respondent in the lawsuits in the Norilsk Nickel-Botswana issue on the millionaire dispute of Nkomati Nickel and Chrome mine. Dixon-Warren however is considered to be acting on behalf of the government and deliberately hindering the Russian company.
A statement from the Russian company expressed disappointment with his procedural game-playing and failure to deal with Norilsk Nickel’s “uncontroversial, straightforward and indisputable” claims.
“The position he has taken in relation to Norilsk’s application was aggressive and wholly unnecessary, and has undoubtedly served to waste the resources of BCL, by incurring legal costs.”, indicate the same sources.
Norilsk Nickel further questioned the conduct of the liquidator: “Dixon-Warren appears to have forgotten that his overriding duties as liquidator are to the creditors of BCL; he should be acting completely independent of Government.And as BCL’s most significant creditor, Norilsk Nickel is obviously taking an active interest in all issues pertaining to BCL”.
Subsequently Norilsk Nickel requested that Dixon-Warren be interdicted from selling any part of BCL unless he first obtained approval from the Russian company as the largest of the creditors. The Russian company also specified that their permission should be sought for any decision involving creditors and that they wish to claim costs against Dixon-Warren if he opposes the application.
He did offer bleak news to creditors at that time: “Liquidation is complex in nature and may take longer than expected due to legal issues that may arise. I have dealt with cases here in Botswana which took close to 10 years.”
After the Botswana government’s stealth liquidation to avoid Norilsk Nickel being able to obtain their money through legal proceedings, plus the alleged impartiality of the liquidator Dixon-Warren of KPMG, 10 years would be a very long process to endure from Norilsk’s point of view. The Russian company has already welcomed the interest from Emirates Investment House and now awaits the UAE based company’s proposal to the BCL liquidators, due by the end of the month.