Sibanye-Stillwater Strike: Kwezi Shaft Workers Challenge Dismissals

Background

In November 2022, workers at Sibanye-Stillwater’s Kwezi Shaft in Rustenburg, South Africa, embarked on a strike over wages and working conditions. The strike lasted for several weeks, leading to a production halt at the shaft.

Dismissals

In response to the strike, Sibanye-Stillwater dismissed over 700 workers, citing “unlawful conduct” and “breach of contract.” The company also suspended 11 workers allegedly involved in violence during the strike.

Legal Challenge

The dismissed workers have since launched a legal challenge against Sibanye-Stillwater, arguing that their dismissals were unfair and unlawful. They contend that the company failed to follow proper disciplinary procedures and that the strike was protected by the Constitution. The hearing is currently underway at the Rustenburg Labour Court.

Union Support

The dismissed workers are being supported by the National Union of Mineworkers (NUM). The union has accused Sibanye-Stillwater of victimizing workers for exercising their right to strike. NUM has also called for the reinstatement of all dismissed workers.

Company Response

Sibanye-Stillwater has defended its actions, stating that the dismissals were necessary to maintain order and protect the safety of other employees. The company has also accused the NUM of inciting violence and intimidation during the strike.

Impact

The legal challenge has significant implications for both Sibanye-Stillwater and the mining industry as a whole. It will test the balance between the rights of workers to strike and the employer’s responsibility to maintain discipline and productivity. The outcome of the hearing is likely to have a wider impact on labor relations in South Africa and could set a precedent for future strike actions.More than 200 workers from the Sibanye-Stillwater Kwezi axis are appealing their dismissals on Tuesday after participating in an illegal clandestine sit-in last week.More than 200 workers from the Sibanye-Stillwater Kwezi axis are appealing their dismissals on Tuesday after participating in an illegal clandestine sit-in last week. Two miners face charges for showing solidarity with their striking co-workers. The unions representing the workers, Amcu and NUM, will lodge appeals and a verdict is expected today. Our reporter on the ground, Bafedile Moerane, has the latest.

SEE & Sibanye-Stillwater Strike: Kwezi Shaft Workers Challenge Dismissals

Kwezi Shaft workers at Sibanye-Stillwater’s Rustenburg operations are challenging their dismissals after a seven-week strike over wages. The South African National Union of Mineworkers (NUM) represents the workers and has filed papers at the Commission for Conciliation, Mediation, and Arbitration (CCMA). The dismissed workers claim they were fired for participating in a protected strike and that the company failed to follow proper procedures. They are seeking reinstatement, back pay, and damages. Sibanye-Stillwater maintains that it acted legally and is prepared to defend its decision. The strike began in November 2022 over demands for a 10% wage increase. The company offered a 5% increase, which the union rejected. The dispute remained unresolved despite mediation efforts. The dismissal of the striking workers has drawn criticism from labor unions and human rights groups. They argue that the company is using the dismissals as a way to intimidate and punish workers for exercising their right to strike. Sibanye-Stillwater has defended its actions, saying that the dismissed workers were not fired for striking but for participating in illegal and violent protests. The company also claims that it has a right to dismiss employees who engage in misconduct. The CCMA is expected to schedule a hearing on the workers’ challenge in the coming weeks. The outcome of the hearing will determine whether the workers are reinstated or the dismissals are upheld.