Sibanye Platinum in R26.8m claim
Zwane, inspectors served summonses
SIBANYE Gold’s subsidiary Sibanye Platinum has served summonses on Mineral Resources Minister Mosebenzi Zwane and three of his officials, claiming R26.8-million from them in their personal capacities, opening the way for other miners to take similar action.
Sibanye Platinum is acting against Zwane, the acting chief inspector of mines Xolile Mbonambi, and two senior inspectors in North West where Sibanye has its Kroondal mine. Production was suspended at the two mines after the inspectors ordered a safety stoppage of the mine in August last year.
The officials have 20 days to serve notice that they will dispute the claim, otherwise an order will be made against them.
Mbonambi said last Thursday the department had not yet received any details of the summonses and regarded stories that it was about to receive such notices as “a rumour”.
Sibanye said it had suffered damages of R26.8-million arising from the closure of the mine and that the defendants were “jointly or severally liable to compensate” Sibanye for damages and that the defendants had so far ignored written demands to pay.
The department did not immediately respond to an e-mailed request for comment and reaction on Tuesday.
The summonses are the latest in a long line of legal setbacks for the department, which was labelled incompetent in the Aquila Resources ruling last November; and acting out of proportion with clauses in the Mine Health and Safety Act in last year’s AngloGold Ashanti ruling and an earlier judgment in the Bert’s Bricks case.
In the latter judgments, the judges raised the prospect of officials being pursued for damages in their personal capacities.
After an employee was killed by the vehicle he had failed to properly immobilise with a handbrake and stop blocks at one of five shafts at the mine, the inspector of mines in North West Clifford Dlamini conducted an inspection of the mine, finding various faults.
Between August 19 and August 26, Dlamini, the principal inspector of mines in North West Monageng Mothiba and Mbonambi took action against the mine, including halting all trackless mobile machinery underground and the withdrawal of operators for retraining under Section 54.
After legal threats from Sibanye and engagements between the company and the inspectorate, the order was changed to just the suspension of the Bambanani shaft where the accident happened.
Sibanye argued that all three inspectors had acted in a “draconian” way and beyond the powers granted to them under the Mine Health and Safety Act.
Sibanye said Kroondal, which employed 9 500 people, had undergone so many stoppages it had become a marginal mine. The inspectorate ordered nine stoppages at the operation between July 2015 and December 2016, costing the mine R180-million. — BDLive