Exhibit 4.90
 
 
 
 
 
 
 
 
 
 STRICTLY PRIVATE & CONFIDENTIAL
 
 
 
 
 
 
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A
 GREEMENT :- JWC SAYERS
 
 
 P
 AGE
 2
 OF
 18
 
 
 CONTENTS
 
 1.
 DEFINITIONS PAGE 3
 2.
 APPOINTMENT/EMPLOYMENT PAGE 5
 3.
 DUTIES PAGE 6
 4.
 REMUNERATION PACKAGE PAGE 7
 5.
 HOME & CELLULAR TELEPHONE AND SECURITY PAGE 8
 6.
 BONUS SCHEME PAGE 9
 7.
 LEAVE PAGE 10
 8.
 SICK LEAVE AND INCAPACITY PAGE 11
 9.
 INSURANCE COVER PAGE 11
 10.
 BREACH PAGE 12
 11.
 RESTRAINT AGREEMENT PAGE 13
 12.
 DISPUTES PAGE 13
 13.
 APPLICATION OF PROVISIONS OF COMPANY PROCEDURES PAGE 14
 14.
 TERMINATION PAGE 14
 15.
 ELIGIBLE TRANSACTION PAGE 15
 16.
 THE RIGHT OF THE EXECUTIVE TO TERMINATE THIS
 
 AGREEMENT FOR AN ELIGIBLE TRANSACTION PAGE 15
 17.
 ELIGIBLE TERMINATION PAGE 16
 18.
 BENEFITS PAYABLE FOR AN ELIGIBLE TERMINATION PAGE 16
 19.
 THE RIGHT OF THE COMPANY TO ASSIGN THIS AGREEMENT PAGE 16
 20.
 DIRECTORSHIPS PAGE 17
 21.
 GENERAL PAGE 17
 22.
 STATUS OF THIS AGREEMENT PAGE 17
 23.
 DOMICILIUM CITANDI ET EXECUTANDI PAGE 17


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 3
 OF
 18
 
 AGREEMENT
   BETWEEN
    DRDGOLD LIMITED
  A COMPANY DULY INCORPORATED UNDER THE
  OMPANIES
  CT
  REGISTRATION NUMBER
   HEREINAFTER CALLED
 “THE COMPANY”
   AND
    JOHN WILLIAM CORNELIUS SAYERS
 
  ATE OF
  IRTH
 
  HEREINAFTER CALLED
 “THE EXECUTIVE”
    PREAMBLE
      NOW THEREFORE THE PARTIES AGREE THAT:-
   1.
 DEFINITIONS


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 4
 OF
 18
 1.3
                1 September 2005
                            John William Cornelius Sayers;


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 5
 OF
 18
 1.17
                                     2.
 APPOINTMENT/EMPLOYMENT
  Chief Financial Officer.
      1
 September 2005


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 6
 OF
 18
 2.4
     3.
 DUTIES


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 7
 OF
 18
 
        4.
 REMUNERATION PACKAGE
   R2,000,000.00 (Two Million Rand)


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 8
 OF
 18
 4.6.2
                 th
   5.
 HOME & CELLULAR TELEPHONE AND SECURITY


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 9
 OF
 18
 6.
 BONUS SCHEME


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 10
 OF
 18
 6.5.3
          7.
 LEAVE
           8.
 SICK LEAVE AND INCAPACITY
               
 9.
 INSURANCE COVER


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 11
 OF
 18
 9.1


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 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 12
 OF
 18
 
     10.
 BREACH
              11.
 RESTRAINT AGREEMENT
   12.
 DISPUTES


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 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 13
 OF
 18
 
                       13.
 APPLICATION OF PROVISIONS OF COMPANY PROCEDURES
           14.
 TERMINATION


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 14
 OF
 18
 14.1.3
                 15.
 ELIGIBLE TRANSACTION
       16.
 THE RIGHT OF THE EXECUTIVE TO TERMINATE THIS AGREEMENT FOR AN ELIGIBLE
 TRANSACTION


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 15
 OF
 18
 16.3
       
 
 
 17.
 ELIGIBLE TERMINATION
      18.
 BENEFITS PAYABLE FOR AN ELIGIBLE TERMINATION


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 16
 OF
 18
 19.
 THE RIGHT OF THE COMPANY TO ASSIGN THIS AGREEMENT
      mutatis
 mutandis
 20.
 DIRECTORSHIPS
  Should this Agreement terminate in terms of any of the provisions thereof, THE EXECUTIVE shall resign his directorship within 2 (two) days of the termination of this Agreement unless the Board agrees in writing to THE EXECUTIVE continuing to act as a director.
  Nothing contained in this Agreement shall be construed as according THE EXECUTIVE any entitlement to compensation for loss of office as director of THE COMPANY or any company within the Group.
  21.
 GENERAL
    No party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this Agreement.
  No failure by a party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a party's right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
  No agreement to vary, add to or cancel this Agreement shall be of any force or effect unless reduced to writing and signed by or on behalf of the Parties to this Agreement.
  Save as permitted in terms of clause 19, no party may cede any of its rights or delegate any of its obligations under this Agreement.
  If any of the clauses of this Agreement are found to be unenforceable, contra bona mores or void, that clause shall be deemed to be severable from this Agreement.  The enforceability of the remainder of the Agreement shall be unaffected by the exclusion of such clause.
  22.
 STATUS OF THIS AGREEMENT
 If there is any conflict between the provisions of this Agreement and those of the Restraint Agreement, then the provisions of this Agreement shall prevail.


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 17
 OF
 18
 
 23.
 DOMICILIUM CITANDI ET EXECUTANDI
  The parties choose as their domicilium citandi et executandi for all purposes under this agreement the following addresses:-
 THE COMPANY:-
 THE EXECUTIVE:-
 DRDGOLD Limited
 Mr John William Cornelius Sayers
 DRD Building
 18 Nel Street
 45 Empire Road
 Randpark Ridge
 Parktown
 
 Johannesburg
 
      poste restante.


A
 GREEMENT
 :-
 JWC SAYERS
 
 
 P
 AGE
 18
 OF
 18
 
   THUS DONE AND SIGNED AT
 
 ON THE
 26
 DAY OF  October 2005
 2005.
    DRDGOLD LIMITED
      S
 IGNATORY
 :-
    C
 APACITY
 :-
   A
 UTHORITY
 :-
       THUS DONE AND SIGNED AT
 
 ON THE
 27
 DAY OF  October
 2005.
       JOHN WILLIAM CORNELIUS SAYERS
 
 CHERYL ROOS
 10 AUGUST 2005