JOHANNESBURG ( – After considering an application by the Chamber of Mines (CoM), representing gold majors AngloGold Ashanti, Harmony Gold and Sibanye Gold, to make permanent an interim order prohibiting labour union the Association of Mineworkers and Metalworkers Union (AMCU) from striking, the Labour Court on Friday reserved judgment in the matter.

This would allow the presiding judge additional time to consider presentations made in court over the last two days by stakeholders, including AMCU, the CoM, the National Union of Mineworkers, the Department of Labour and Solidarity, besides others.

The order would remain in place pending judgment.

The CoM argued that AMCU should be prohibited from striking as it was bound by a wage agreement concluded on September 10, 2013, by the CoM and the unions representing the majority of employees and made applicable to all employees within the bargaining unit in terms of certain sections of the Labour Relations Act (LRA).

This followed a Labour Court ruling on January 30 declaring a strike by AMCU as unprotected, on an interim basis, as it was not “compatible” with the requirements of the LRA.
Speaking on behalf of the affected gold producers on Friday, CoM chief negotiator Dr Elize Strydom said the companies would now await the judgment of the court.

“The interim order prohibiting AMCU and its members from embarking on protected strike action remains in place. We call on them to continue to respect the order,” she commented.
AMCU could not be reached for comment.