Anglo American Platinum Ltd and Another v Association of Mineworkers and Construction Union and Others (J158/14) [2014] ZALCJHB 60; (2014) 35 ILJ 2832 (LC) (6 March 2014)

Anglo American Platinum Ltd and Another v Association of Mineworkers and Construction Union and Others (J158/14) [2014] ZALCJHB 60; (2014) 35 ILJ 2832 (LC) (6 March 2014)

The court found that the order granted on 24 January 2014 was ambiguous regarding the immediate obligations of the respondents in relation to the picketing rules. Only paragraphs 3.1 to 3.2.3 of the order operated as an interim interdict with immediate effect, while paragraphs 5, 6, and 7 merely called on the respondents to show cause on the return date. Given this ambiguity, and the respondents' reasonable interpretation of the order, the applicants failed to establish wilful non-compliance or mala fides. The application for contempt was therefore dismissed.

Citation
[2014] ZALCJHB 60
Parties
Applicant: Anglo American Platinum Ltd; Applicant: Rustenburg Platinum Mines Ltd; Respondent: Association of Mineworkers and Construction Union; Respondent: Joseph Mathunjwa; Respondent: Jimmy Gama; Respondent: Individuals listed in annexure to the notice of motion
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 March 2014
Case Number
J158/14
Procedural Posture
Urgent Application / Contempt Application Following Interim Interdict; Limited to First, Second, and Third Respondents
Outcome
Application dismissed in respect of the first to third respondents.
Judges
Van Niekerk
Legal Topics
Contempt of Court, Interim Interdict, Strike Action, Picketing Rules, Wilful Non Compliance
Labour Law Civil Procedure Contempt of Court Interim Interdict Strike Action Picketing Rules Wilful Non Compliance

Case Brief

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Parties

Anglo American Platinum Ltd

Applicant

Rustenburg Platinum Mines Ltd

Applicant

Association of Mineworkers and Construction Union

Respondent

Joseph Mathunjwa

Respondent

Jimmy Gama

Respondent

Individuals listed in annexure to the notice of motion

Respondent

Procedural Posture

Urgent Application / Contempt Application Following Interim Interdict; Limited to First, Second, and Third Respondents

Legal Issues

  1. 1 Whether the first to third respondents failed to comply with the interim court order granted on 24 January 2014.
  2. 2 Whether the order required immediate compliance with picketing rules or merely called on respondents to show cause on the return date.
  3. 3 Whether the respondents' conduct constituted wilful non-compliance and mala fides justifying contempt.

Ratio Decidendi

The court found that the order granted on 24 January 2014 was ambiguous regarding the immediate obligations of the respondents in relation to the picketing rules. Only paragraphs 3.1 to 3.2.3 of the order operated as an interim interdict with immediate effect, while paragraphs 5, 6, and 7 merely called on the respondents to show cause on the return date. Given this ambiguity, and the respondents' reasonable interpretation of the order, the applicants failed to establish wilful non-compliance or mala fides. The application for contempt was therefore dismissed.

Court Disposition

Application dismissed in respect of the first to third respondents.

Orders

  • The application against the first to third respondents is dismissed.