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Media Centre | Memorandum
Memorandum on the operation of Flexi four mine
8 December 2014
Chapter two of the constitution of South Africa states the following:
Everyone has the right to fair labour practices.
(2) Every worker has the right -
(a) To form and join a trade union;
(b) To participate in the activities and programmes of a trade union; and
(c) To strike.
(3) Every employer has the right -
(a) To form and join an employers’ organisation; and
(b) To participate in the activities and programmes of an employers’ organisation.
(4) Every trade union and every employers’ organisation has the right -
(a) To determine its own administration, programmes and activities;
(b) To organise; and
(c) To form and join a federation.
(5) Every trade union, employers’ organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).
(6) National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).
In 2012 Flexi Four Diamond acquired the mine from Blue Dot Diamond. Since then the workers and the community of Amalia have not enjoyed their rights as citizens and workers in this area.
Flexi four have failed to re-employ the workers who have previously been employed by Blue Dot Diamond but instead they have brought in new workers from outside the area and these include illegal immigrants. Some workers have not been employed not because they do not have the necessary skills and capacity but because they are members of a COSATU trade union called NUM.
Since Flexi Four acquired Blue Dot Diamond there has been no full operation of the mine, but what we have observed is that the raw materials of the mine have been transported from the mine to be processed outside so that it is perceived that there is no production taking place in the mine.
COSATU and NUM have noted that the company does not have any social labour plan which will improve the lives of the community in which they are mining, and it also does not comply with the Mining and Petroleum Development Act (MPRDA).
Based on the above we demand the following:
1. The mine must be fully operational and employ all the employees who have previously been employed by Blue Dot Diamond.
2. The mine must develop a social labour plan which will take care of the social well-being of the community and its employees.
3. The mine must stop prioritising external employment at the expense of local labour.
4. The mine must comply with all the labour laws of the country and the MPRDA.
5. Failure for the mine to comply with the above demands the mine must then be put up for auction to be taken by new owners.
6. The mine must work with all stake holders under the leadership of the municipality
7. The mine must stop its exploitation and child labour practice.
8. DMR and DOL must release the investigation report
9. The SAPS must stop protecting illegal mining.
For DOL For DMR
For COSATU For Flexi Four