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BL Premium reports that Rand Refinery has partly succeeded in court proceedings over a labour dispute with a former employee involving allegations of the theft of gold bars and perjury.
On Monday, the Constitutional Court (ConCourt) said the Johannesburg Labour Court was wrong on numerous grounds in finding in favour of a former employee of Rand Refinery (RR) and sent the matter back to the court to be heard afresh. In 2017, after the theft of gold bars at RR’s refinery in Germiston, Wanda Maseko and others were charged with the crime. Maseko was dismissed. He lodged a case with the CCMA, which found against him after testimony by a company security official. In 2018, Maseko and union Numsa took the matter to the Labour Court. Before the court’s 2021 hearing, Maseko was informed that Sydney Mulafhi, the security manager who testified against him, had himself been involved in litigation against RR in the Polokwane High Court. Amongst Mulafhi’s assertions was that he had been forced to give false evidence against employees, including Maseko. In 2021, the Labour Court ruled in Maseko’s favour, setting aside the CCMA’s findings and ordering it to review the matter. The court slammed RR for apparently not filing answering papers to Maseko’s claims. After being denied leave to appeal, RR took the matter to the ConCourt where it argued that its answering papers in the labour court were overlooked by the judge for reasons unknown. On Monday, ConCourt Justice Owen Rogers agreed with RR. He found that it had indeed filed its papers in time, and that Mulafhi’s allegations were hearsay because they were contained in affidavits for the litigation in Polokwane.
- Read the full original of the report in the above regard by Tauriq Moosa at BusinessLive (subscriber access only)
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