Association of Mineworkers and Construction Union and Others v Anglogold Ashanti Limited t/a Anglogold Ashanti (JA43/2019) [2020] ZALAC 45; (2020) 41 ILJ 2763 (LAC) (1 September 2020)

Association of Mineworkers and Construction Union and Others v Anglogold Ashanti Limited t/a Anglogold Ashanti (JA43/2019) [2020] ZALAC 45; (2020) 41 ILJ 2763 (LAC) (1 September 2020)

The Labour Appeal Court held that the dispute between the parties had become moot as the primary strike was settled and no live issue remained. The court found that the legal principles governing secondary strikes and the proportionality test under s66(2)(c) of the Labour Relations Act had already been settled in...

Source-derived case information.

Citation
[2020] ZALAC 45
Parties
Appellant: Association of Mineworkers and Construction Union; Appellant: Employees listed in Annexure “A” to the Notice of Motion (JA20/19); Appellant: Individuals listed in Annexure “A” to the Notice of Motion (J430/19); Appellant: Persons whose names appear on Annexure “A1” to the Notice of Motion (J431/19); Appellant: Members of AMCU employed by the applicant (J442/19); Appellant: The applicant (J444/19); Respondent: Anglogold Ashanti Limited t/a Anglogold Ashanti; Respondent: Lonmin Platinum comprising Western Platinum Limited and Eastern Platinum Limited t/a Lonmin; Respondent: Rustenburg Platinum Mines Limited t/a Rustenburg Platinum; Respondent: Harmony Gold Mining Company Limited t/a Harmony Gold; Respondent: Village Main Reef (Pty) Ltd, Tau Lekoa (Pty) Ltd and Kopanong (Pty) Ltd t/a Village Main Reef; Respondent: Northam Platinum Limited t/a Northam Platinum; Respondent: Marula Platinum (Pty) Ltd t/a Marula Platinum (Pty) Ltd; Respondent: Impala Platinum Limited t/a Impala Platinum; Respondent: Glencore Operations SA (Pty) Ltd; Respondent: Bushveld Vametco Alloys (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 September 2020
Case Number
JA43/2019
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment; Mootness Considered Under S16(2)(a) of Superior Courts Act
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Davis JA, Coppin JA, Kathree-Setiloane AJA
Legal Topics
Secondary Strike, Mootness, Proportionality Test, Interpretation of Labour Relations Act, Exceptional Circumstances, Costs Award
Labour Law Civil Procedure Secondary Strike Mootness Proportionality Test Interpretation of Labour Relations Act Exceptional Circumstances Costs Award

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Parties

Association of Mineworkers and Construction Union

Appellant

Employees listed in Annexure “A” to the Notice of Motion (JA20/19)

Appellant

Individuals listed in Annexure “A” to the Notice of Motion (J430/19)

Appellant

Persons whose names appear on Annexure “A1” to the Notice of Motion (J431/19)

Appellant

Members of AMCU employed by the applicant (J442/19)

Appellant

The applicant (J444/19)

Appellant

Anglogold Ashanti Limited t/a Anglogold Ashanti

Respondent

Lonmin Platinum comprising Western Platinum Limited and Eastern Platinum Limited t/a Lonmin

Respondent

Rustenburg Platinum Mines Limited t/a Rustenburg Platinum

Respondent

Harmony Gold Mining Company Limited t/a Harmony Gold

Respondent

Village Main Reef (Pty) Ltd, Tau Lekoa (Pty) Ltd and Kopanong (Pty) Ltd t/a Village Main Reef

Respondent

Northam Platinum Limited t/a Northam Platinum

Respondent

Marula Platinum (Pty) Ltd t/a Marula Platinum (Pty) Ltd

Respondent

Impala Platinum Limited t/a Impala Platinum

Respondent

Glencore Operations SA (Pty) Ltd

Respondent

Bushveld Vametco Alloys (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment; Mootness Considered Under S16(2)(a) of Superior Courts Act

Legal Issues

  1. 1 Whether the Labour Appeal Court should entertain an appeal where the dispute has become moot.
  2. 2 Whether exceptional circumstances exist under s16(2)(a) of the Superior Courts Act to justify hearing the appeal.
  3. 3 Whether the proportionality test under s66(2)(c) of the Labour Relations Act requires assessment of each secondary employer individually or collectively.

Ratio Decidendi

The Labour Appeal Court held that the dispute between the parties had become moot as the primary strike was settled and no live issue remained. The court found that the legal principles governing secondary strikes and the proportionality test under s66(2)(c) of the Labour Relations Act had already been settled in previous judgments. There were no exceptional circumstances warranting the exercise of discretion to hear the appeal. The court declined to issue an advisory opinion on a settled point of law and dismissed the appeal with costs, including the costs of two counsel.

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellants are ordered to pay the costs of the appeal, including the costs of two counsel.