The Constitutional Court has ruled that AMCU may not embark on protected wage strikes at gold producers Harmony, Sibanye and AngloGold Ashanti.

The Chamber of Mines, acting on behalf of gold producers AngloGold Ashanti, Harmony Gold and Sibanye, welcomed the ruling on the wage strikes by the Constitutional Court in favour of the gold producers.

The ruling relates to the decision by the Labour Court on 23 June 2014 to uphold the interim order issued on an urgent basis by the Labour Court in January 2014. The order prevented the Association of Mineworkers and Construction Union (AMCU) from embarking on protected strike action in respect of wages and other conditions of service on the basis that AMCU was bound by the collective agreement reached for the period 1 July 2013 to 30 June 2015.

At the time the agreement was reached, AMCU represented 17% of employees in the gold sector. The agreement was extended by AngloGold Ashanti, Harmony Gold and Sibanye to AMCU and its members in terms of Section 23(1)d of the Labour Relations Act.

“This ruling brings final certainty about the binding nature of the extended 2013 wage agreement reached at a centralised level by way of an inclusive process, said Dr Elize Strydom, speaking on behalf of the Chamber of Mines.