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Sunday World reports that the Supreme Court of Appeal (SCA) has dismissed Bidvest Protea Coin’s appeal to avoid paying damages to Mandla Mabena, an employee of Glencore Coal who lost sight in his left eye during a protected strike nine years ago.
Bidvest sought reconsideration and variation of a dismissed appeal, but the court upheld previous rulings, confirming Bidvest’s liability. Mabena was injured during a month-long strike organised by the Association of Mine Workers and Construction Union at Wonderfontein Mine outside Middelburg. The incident occurred when a non-striking harvester drove into a striking worker’s vehicle, escalating tensions. The judgment reads: “The striking workers, in response, threw stones at the harvester and at employees of Bidvest who were in place to secure the mine. Employees of Bidvest, as they had done earlier in the day, in two groups, advanced upon the workers and opened fire with rubber bullets. The striking workers ran into the nearby bushes, where Mr. Mabena was struck by a rubber bullet in his left eye, as a result of which he lost the sight of his eye.” Mabena sued Bidvest for compensation. The Middelburg High Court found Bidvest 100% liable. Bidvest denied the incident, claiming no intent or negligence, or alternatively, that their employees acted in a “situation of sudden and unexpected emergency” or that Mabena’s negligence contributed to his injury. But, the SCA struck the case off the roll and awarded costs to Mabena.
- Read the full original of the report in the above regard by Tshwarelo Mogakane at Sunday World
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