When Samancor allegedly started to shi profits.
were already under way, but Majola said they had not been made aware of that.
“A decision by Samancor, the Samancor Board and its recognised unions was taken to commission an independent investigation into the allegations by Amcu of which most date back more than 10 years,’’ said Von Holdt.
Amcu teamed up with human rights lawyer, Richard Spoor, to file a lawsuit against Samancor
Chrome at the High Court in Johannesburg, earlier this month.
This followed a two-year investigation by the Union and Alternative Information and Development Centre and information received from a whistleblower and former board member that alleged Samancor had shifted millions of dollars to an offshore account in the years 2007, 2009 and 2013.
Spoor said Amcu filed for the court’s permission to litigate against Samancor, its current and former directors, and various other entities implicated in the transactions and an order that Samancor account for the true value of the transactions.
He said if granted the court’s leave, Amcu will seek the appointment of independent directors and the award of compensation to those harmed by the transactions.
Amcu president Joseph Mathunjwa said low returns from the Employee Stock Ownership plan also sparked their suspicions. He said profit shifting was a way in which multinational companies used to avoid tax that could help uplift poor communities.
Amcu has an interest in the company through its members in the Ndizani Workers ESOP Trust which indirectly owns 5.6% of Samancor. This part ownership made the unions interested in finding the true profit margins made by the company.
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