JOHANNESBURG – The transfer of National Union of Mineworkers (NUM) members to a rival union was irregular, the Labour Court in Johannesburg heard on Thursday.
"The process was tainted, it was a mess," said Gys Rautenbach, SC, for the NUM.
Some of the forms were not signed, others were incorrectly filled in, and some had the same identity number.
"I understand why Lonmin made the offer. The process was a mess."
He was referring to Lonmin's offer that workers be balloted to choose their preferred union.
The NUM brought an urgent application asking the court to stop Lonmin de-recognising it as a majority union, and to declare invalid the transfer of its members who defected to the Association of Mineworkers and Construction Union (AMCU).
The NUM had until July 16 to recruit more members or it would lose its recognition.
Rautenbach said conditions were not conducive for recruitment following violence and intimidation at Lonmin's platinum mines in Marikana, North West.
"People are not willing to come forward individually."
He was responding after Judge Rob la Grange asked why members did not complain when their subscription fee was diverted to AMCU.
AMCU countered it was also the target of violence.
"There have been deaths on both sides," said Paul Kennedy, SC, for AMCU.