JOHANNESBURG (miningweekly.com) – Allaying Anglo American Platinum's (Amplats') concerns that it may meet resistance by labour union, the Association of Mineworkers and Construction Workers Union (AMCU), regarding the miner’s intention to offload certain of its Rustenburg-based platinum mines, union president Joseph Mathunjwa said on Tuesday that Amplats retained the right to sell its assets as it saw fit.

“[The company] should have met with us to tell us it intended the ‘fire sale’ of some mines… but any [company] can sell their assets if they want to. It is how they sell these businesses that is important…but, [for now] the workers’ rights remain intact,” he told a media briefing in Johannesburg.

The platinum miner said last month that it would sell its interests in the consolidated Union-Rustenburg mine, as well as the Pandora joint venture (JV) operations, and was assessing the possible exit of the Bokoni JV, to enable it to focus on assets that could deliver higher margins, lower costs and improved returns on capital.

This was a move largely expected from the beleaguered company, which recently emerged from a five-month AMCU-led strike that had resulted in lost production of over 420 000 oz.

While the announcement came as the union was still “savouring” the outcome of the strike, Mathunjwa argued that Amplats’ divestment plans were not linked to the strike, which ended on June 24, but were rather the result of the company looking to move from deep-level brownfield mining to alluvial greenfield operations.

“The magnitude of such a decision is not one that can be taken in a month, it has always been coming,” he commented.

He further cautioned the mining company’s management to respect due process in the sale of its assets without undermining the majority union, which wished to protect the interests of its members during the sales process.

“There is no need to panic, as there are still processes to follow and we urge the Department of Mineral Resources to ensure the company’s licence obligation are observed during this period. As AMCU, we will pursue a model that encourages the retention of jobs,” he said.

‘HIT LIST’
Mathunjwa on Tuesday also took aim at the Farlam Commission of Enquiry – set up as a judicial investigation into the deaths of 44 people at Marikana in 2012 – saying it allowed an “unreliable” police witness to “clandestinely” name and implicate people in the events leading to the killings.

Among these was AMCU member Bongani Mehlonkomo, who was last month murdered after being named by the so-called Mr X as being involved in the deaths and damage to property caused by miners in the week preceding the August 16 tragedy.

The AMCU head believed that the testimony of Mr X had led to the creation of a “hit list” and the subsequent assassination of Mehlonkomo.

“This has created alarm and serious security concerns for those implicated in the vexatious allegations arising from [his] testimony. My name has also been mentioned – maybe I’m the next one to be assassinated,” Mathunjwa averred, appealing for the commission to disallow the naming of individuals without concrete evidence of their involvement.

GOLD SECTOR APPEAL
Referencing its representation in the gold sector, AMCU, meanwhile, indicated that it would appeal a recent decision by the Labour Court that prevented the union from embarking on a protected strike in the industry.

It argued that a wage agreement reached between majority union in the gold sector, the National Union of Mineworkers, and the Chamber of Mines (CoM) – representing gold producers AngloGold Ashanti, Gold Fields, Harmony Gold, Pan African Resources, Rand Uranium, Sibanye Gold and Village Main Reef – should not be extended to AMCU members in the industry.

“We have filed papers in the Labour Appeal Court on the Labour Court’s decision and will take it to the Constitutional Court [if need be],” said Mathunjwa.

He likened the wage tensions in the gold sector to the current standoff in the engineering and metals sector, which had seen employer body, the National Employers Association of South Africa (Neasa), instituting a lockout of all workers following the recent conclusion of a wage deal between the Metal and Engineering Industries Bargaining Council (MEIBC) and labour unions.

Neasa said it could not afford the 10% wage increase agreed to by the MEIBC, despite the deal being extended to nonparties in the sector.

Mathunjwa said the union had noted the “selective application” of the Labour Relations Act in favour of employees.

“AMCU was forced to accept an agreement that was extended to it by the CoM and other unions; however, [in the case of Neasa], such exemptions from collective agreements are given to employers and not unions.

“We urge the Department of Labour to expeditiously sign the extension of the MEIBC agreement to Neasa employers and end the lockout,” he commented.