During the 2021 and 2022 financial year, gold mining company Sibanye Stillwater Ltd (Sibanye) made a profit of R33.1 billion. The audited financial statements indicate that it could declare a dividend of 292c per ordinary share and still maintain the required solvency and liquidity. Price Waterhouse Coopers, Sibanyes auditors, certified the financial statements as accurate in March 2022. The financial statements dealt with Sibanyes financial year ending on the 31st of January 2022. After the publication of Sibanyes financial statements in February, the majority union NUM demanded an increase in wages of the employees of Sibanye citing the enormous profit made by the company. The demand amounts to R1 000 per month for the lowest paid worker which amount will increase proportionately for more higher paid employees. Sibanye has made a counteroffer which amounts to R700 per month for the lowest paid worker with a similar proportional increase for other workers. Mr Froneman, the CEO of Sibanye has steadfastly refused to comply with the unions demand. Currently the employees represented by NUM are still on strike. Production at the mine has been suspended since February 2022 until such time as the wage dispute has been settled. At a board meeting on the 21st of March, Richard Menell, a board member, suggested that they proceed to authorise the dividend of 292c per ordinary share. The board decided to mandate its internal accounting department to draft a report dealing with the companys capacity to lawfully authorise a dividend and the value of such a dividend. The board reconvened on the 10th of April for the express purpose to consider the report produced by the accounting department. The report recommended that Sibanye could legitimately authorise a dividend of 150 c per ordinary share. Assume that you act as the company secretary of Sibanye. Mr Froneman is concerned that the strike may continue for some time. Advise Mr Froneman regarding the legal aspects that must be considered in making such a decision and what test must be complied with in order to avoid any potential liability. You must express an opinion whether the board would comply with such a test on these facts.