MEDIA RELEASE
AMCU WARNS SOLIDARITY OF FALSE STATEMENTS IN CLAIM AGAINST GOLD ONE
2023-12-20
Summary: The Association of Mineworkers and Construction Union (AMCU) has reacted to a lawyer’s letter sent on behalf of the trade union, Solidarity. In this letter, Solidarity makes various false and spurious statements attempting to implicate AMCU as being the perpetrator of the recent protest action at Gold One’s Modder East operations and violence. In a response letter, AMCU’s attorneys request that Solidarity immediately and publicly retract the false allegations, issue an apology to AMCU, or face litigation.
In a letter addressed to the General Manager and Senior Vice-President of Gold One by a law firm acting on behalf of the trade union, Solidarity, AMCU is falsely accused of having perpetrated violent acts during the sit-in of 7 December 2023, staged at Gold One’s Modder East operations in Springs, Gauteng, and of violent acts alleged to have been perpetrated during the sit-in.
Solidarity also makes the false allegation that AMCU has acted unlawfully and that it must be criminally charged. Solidarity also demands of Gold One management to deny AMCU organisational rights at the operations, and threatens to sue Gold One if their demands are not adhered to.
Solidarity ends its tirade by threatening civil proceedings against AMCU for damages, and to approach the Department of Employment and Labour to instigate an investigation into AMCU and its leadership.
In a letter from AMCU’s attorneys, Solidarity is advised that their statements are “unsubstantiated, misplaced, patently false, and defamatory”. The letter further points out that AMCU did not perpetrate, support, participate in or encourage the conduct of Gold One’s employees, adding that AMCU has in fact, on numerous occasions, publicly distanced itself from the conduct of the employees. AMCU makes it clear in its letter that it does not condone any unlawful conduct perpetrated by any person, and that any such conduct ought to be dealt with by the relevant authorities. Gold One is requested to investigate the allegations of unlawful conduct, and to act accordingly.
Solidarity is also reminded that the employees are not AMCU’s members by virtue of the closed shop agreement concluded between NUM and Gold One which remained in place until 14 December 2023, when all employees in the bargaining unit would have been NUM members.
The protest action was initially sparked by NUM’s failure to conduct a ballot to determine whether the closed shop agreement should be terminated, despite its members calling for its termination. Solidarity is advised that it is false to claim that, because the employees expressed their democratic wish to join another union, that union could somehow be held accountable for acts undertaken by such desperate employees.
The letter emphasises that AMCU has nevertheless taken all steps possible to assist Gold One in resolving the current situation and to defuse tensions, including the institution of an urgent application in November this year to compel NUM to conduct the ballot it was both contractually and statutorily obligated to conduct. Notwithstanding this, NUM failed to comply with the court order and sought to appeal the order. As a result, the closed shop agreement would terminate only on 14 December 2023.
The letter ends by demanding that Solidarity publicly retract its false allegations and issues a public apology to AMCU. AMCU also reserves its rights to take civil action against Solidarity.
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For interviews: Joseph Mathunjwa (AMCU President)