Illegal strike continues at Zululand Anthracite Colliery
5 May 2022, Johannesburg
Press Release
Illegal strike continues at Zululand Anthracite Colliery
Issued by General Manager Wayne Rowe
Mineworkers at Zululand Anthracite Colliery (ZAC) have safely returned to the surface and ended their 9-day unlawful underground sit-in at the mine’s shafts. Following numerous discussions with the ZAC management team, all employees vacated the shaft area. This is following a court interdict issued by the Durban Labour Court to end the illegal sit-in and strike at the ZAC mining complex, in Emakhalathini, KwaZulu-Natal. However, as of 29 April 2022, some workers have not returned to work and are continuing with the illegal strike action rendering the mine non-operational.
Background:
In 2020 at the start of the COVID-19 pandemic, ZAC experienced a difficult period as many of its customers closed their businesses because of the pandemic and due to the various national and international lockdown restrictions. The mine was then placed under care and maintenance which resulted in large scale retrenchments which was facilitated by the CCMA. Only a limited number of workers were retained as part of the care and maintenance team.
At the beginning of 2021 when commodity prices and business conditions improved many of the former ZAC employees were re-employed, initially on fixed-term contracts. At the start of 2022, the recalled employees were offered permanent contracts and received an increase of 8.5% and additional benefits.
On 20 April 2022, without any prior notice to the ZAC management, 88 employees embarked on an unprotected strike by remaining underground.
Due to the underground environment’s volatility, management, employee representatives, union representatives and members of the community forums attempted to reach employees underground via radio to engage the employees, but no feedback was forthcoming at the time. Written ultimatums along with a follow-up notice demanding that employees vacate the mine premises were communicated and made available to the striking employees.
The local community leaders also visited the shafts on 20 April, where the workers were holding their sit-in, but were unable to convince them to end their strike actions. The illegally striking workers were implored to come out of the mine's underground shafts but refused. Instead, they insulted the community leaders and insisted that they were not going to come out unless their demands were met.
The mine was advised that the situation underground was becoming increasingly volatile, and mine infrastructure was at risk of being damaged. Moreover, there were reports that those employees who wanted to leave the underground shafts were effectively being held against their will by fellow striking employees. The conduct referred to is dangerous and was a violation of numerous mine health and safety regulations.
Later on, the mine management was advised that the workers were demanding increased compensation and benefits. The mine has established a forum where employment conditions are discussed between the mine management and the employees. However, this was totally disregarded by the workers.
There was a threat of violence and vandalism which pose a risk to the health and safety of striking employees and the mine’s infrastructure. Because of this threat, the mine was unable to send maintenance teams underground.
The mine is also required to monitor gas levels at least twice a day and was unable to do so when the workers were underground, as a risk assessment was undertaken, and it was deemed unsafe to send maintenance crews underground as a result of the threat of violence by striking employees. Underground flooding is a risk to employees if regular maintenance of water pumps is not undertaken. Additionally, damage to infrastructure could result in fall of ground incidences occurring, which could cause injuries or worse fatalities.
On 25 April, the mine obtained a Court interdict which ordered the striking workers to end their unlawful action and evacuate the shafts occupied and allow normal mining operations at ZAC to recommence. The striking workers ignored the Court interdict.
On 26 April, the mine was compelled to approach Court again for appropriate relief. The Court granted the Order which stated that: Workers were ordered to vacate the shafts within 30 minutes of receipt of the Order and to leave the mining premises. The court also authorised private security company Van Dam Security to evacuate the striking workers with immediate effect. The Court further found the striking employees to be in contempt of the previous order of 25 April 2022. The Court order as referred to was executed accordingly in its terms and tenor.
Since the 29th of April, the majority of employees have not returned to work. On 3 May during the day shift, there were numerous unlawful attempts made to disrupt the mining operations, by those employees who did return to work, by blocking of roads, burning of tyres and threats of violence were made against those employees that refused to take part in the strike. On the evening of 3 May the situation escalated as petrol bombs were thrown at the people still at the mine and there were gunshots fired at random, which could be heard throughout the night.
The South African Police Services (SAPS) are also on site and are monitoring the situation.
Actions by ZAC management
The mine was forced to stop its operations on 20 April 2022 to avoid tensions spreading across the operation and further risks to employees and mine infrastructure.
Striking employees, the unions and community forums, were informed that two courts declared their strike illegal according to the Labour Relations Act and that employees had to vacate the shafts. All parties were also made aware of the prevailing risks that made it necessary for the courts to grant the orders.
After obtaining the court order on 26 April, the mine was able to deploy additional security to enable management to safely enter the shafts in order to engage with employees in person and carry out the evacuation of the shafts on 27 April.
From the 28th of April 2022, the majority of employees refused to return to work despite receiving ultimatums to do so.
On the morning of 29 April, the mine's General Manager and Senior Mine Overseer met with representatives of the striking workers. The representatives’ request was to engage with their union regional management to resoIve the strike.
ZAC management has communicated its position to all stakeholders regarding the continued illegal work stoppage. ZAC has also commenced with disciplinary process against illegal striking employees.
Striking workers demands
ZAC striking workers stated that they will continue their illegal strike action until their wage demands are met. These demands in some instances would amount to a 50% salary increase and, in some instances, even more than this amount.
ZAC’s response
The ongoing illegal strike has the potential to harm not only the livelihoods of those who are participating in it but all 1 100 employees of the mine, as well as contractors who are unable to earn a living due to there being no mining activities. For the record, we want to state that none of the striking workers were harmed or injured during the sit-in and evacuation of the shaft.
ZAC management remains open to engaging with all stakeholders in a constructive manner through the pre-agreed forums. ZAC management encourages the workforce to return to work as a matter of urgency.
For more information, contact:
Menar Corporate Communication Department
Siphiwe Tame
Tel: +27 11 783 7996
Email: pr@menar.com