JOHANNESBURG (miningweekly.com) - The National Union of Mineworkers (NUM) has brought a court application, to be heard on July 10, to interdict the loss of its recognition at platinum miner Lonmin’s Marikana operations, as well as the order to vacate its offices.

This followed the Labour Court’s May decision to suspend platinum miner Lonmin’s derecognition of the NUM's status as majority union, giving the union until July 16 to prove it had the support of the majority of workers.

Lonmin was simultaneously working on resolving a dispute regarding a new union recognition agreement with the Association of Mineworkers and Construction Union (AMCU), giving it the full organisational rights previously enjoyed by the NUM.

Arbitration hearings between the company and AMCU at the Commission for Conciliation, Mediation and Arbitration were expected to continue on July 29.

The platinum miner had conceded that AMCU, which saw a spike in membership numbers last year amid miners abandoning loyalty to NUM, which ultimately led to violent labour unrest at the Marikana mine, now represented 71% of the category 4 to 9 employees, leaving NUM with only 22% representation.

Lonmin currently had 22 937 full-time category 4 to 9 employees across its operations.

The company filed a response to the NUM’s court application in preparation for the case, which related to the union membership numbers of both AMCU and the NUM.

“Lonmin believes that all employees have the right to be represented by the union of their choice,” the company said in a statement on Monday.

The JSE-listed firm declined to shed any further light on the matter “as the arguments may not be made public prior to being put before the court”.

However, media reports over the weekend indicated that Lonmin’s filed court papers proposed the hosting of an independent and closed ballot to determine union membership – a proposal the unions had until the July 10 court date to respond to.

Lonmin also allegedly offered to suspend its termination of the NUM recognition agreement.

The City Press on Sunday reported that the NUM had requested the invalidation of the stop orders of NUM members who joined AMCU in May.

“Lonmin’s wider position remains that it wishes the issue of union status at its operations to be resolved peacefully and as quickly as possible for the benefit of all stakeholders,” the company said, reiterating its commitment to the Deputy President Kgalema Motlanthe-led collaboration on a draft framework agreement on the mining sector.