Judgment reserved in NUM case

Johannesburg - The Labour Court has reserved judgment on Thursday on an urgent application by the National Union of Mineworkers (NUM) relating to its majority union stake at Lonmin.

The union wanted the court to stop Lonmin [JSE:LON] from de-recognising it as a majority union at the company's Marikana operation.

After listening to the arguments, Judge Rob la Grange said he would deliver judgment on Monday.

The Labour Court heard that the transfer of NUM members to a rival union was irregular.

"The process was tainted...it was a mess," said Gys Rautenbach, SC, for the NUM.

Some of the forms had not been signed, others had been 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 16 July to recruit more members or it would lose recognition.

Rautenbach said conditions had not been conducive to 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.