Law firm Webber Wentzel has advised of its successful endeavours to obtain community unrest interdicts for different clients operating in the mining industry.

On two recent occasions involving mining operations in Limpopo and Mpumalanga, Webber Wentzel has assisted different clients operating in the mining industry to obtain interdicts against the South African Police Service (SAPS) to compel them to fulfil their duty to maintain law and order.

In the first case, the firm assisted the Lebalelo Water Users Association (LWUA) in obtaining an interdict against SAPS in the Polokwane High Court.

The LWUA is a water management institution established to develop bulk water infrastructure to provide raw water to mines and municipalities. The association’s services are integral to the operations of the platinum mines in the Limpopo province.

The LWUA experienced friction with the communities surrounding its operations, which increased in intensity in March 2019.

“We assisted the LWUA in obtaining a final interdict from the Polokwane High Court against several communities, including the Modubeng community, which restrained the communities from interfering with LWUA's operations by damaging infrastructure and barricading access roads,” Webber Wentzel reports.

In February and March this year, the Modubeng community again engaged in violent protest action, which resulted in damage to pipelines, prevented employees from entering the pump station and employees being held hostage by preventing them from leaving the pump station for several hours.

Despite numerous requests for assistance, Webber Wentzel says the SAPS refused to take adequate action against the Modubeng community.

SAPS also reportedly informed the LWUA that, if private security officers took action against the community, the SAPS would lay charges against the private security officers.

The LWUA then approached the Polokwane High Court on an urgent basis to obtain a court order against the SAPS to compel them to uphold their constitutional duty to maintain law and order and enforce the 2019 interdict.

The SAPS opposed this application, together with certain members of the community, despite the fact that no relief was sought against them. The SAPS argued that the application was not urgent, that the situation was under control and that it should not be used as a compliance agent in seeking to enforce court orders – adding that the LWUA should use contempt of court processes.

On March 16, the Polokwane High Court granted an order directing the SAPS to use its powers to ensure public order is restored and maintained around the LWUA's area of operations; that no damage is caused to its assets and infrastructure; and that none of its businesses, employees or contractors are interfered with by the members of the Modubeng community.

The SAPS was also directed to maintain a presence at key points around the LWUA infrastructure, specifically on all access roads to the area of operations; provide reasonable assistance to any private security service provider contracted to LWUA seeking to secure the LWUA's infrastructure; and lawfully maintain public order, including, where necessary, clearing obstructions to access roads and sharing information in relation to any unlawful acts.

The court also awarded costs against the SAPS.

Webber Wentzel explains that this order is significant in that it is a permanent interdict against the SAPS compelling its functionaries to maintain order when the LWUA's operations are disrupted by the local communities.

COPPER CASE

In the second case, the law form assisted Palabora Copper to obtain an interdict against a local community organisation and the SAPS to prevent the community from interfering with Palabora's operations and damaging its property.

The Ba-Phalaborwa Community Forum (BCF) became involved in a dispute between Palabora and one of its contractors. 

The BCF argued that the employees of the contractor should not automatically transfer from the old contractor to the new contractor, in terms of Section 197 of the Labour Relations Act, but rather that all new employees should be recruited from the local communities. 

Palabora could not accede to this demand.

Following violent protest action by members of the BCF at the premises of Palabora on February 26, Webber Wentzel’s employment team was instructed to institute urgent proceedings, interdicting the BCF from continuing with its unlawful conduct at Palabora’s premises and ordering the SAPS to use all powers conferred on them to ensure the BCF refrains from unlawful conduct.

On March 2, an urgent application was issued by the Polokwane High Court, with the matter being set down for hearing the following day. On March 3, a judge ordered a final interdict against the BCF and its members, as well as against the SAPS.

The order prohibits the BCF and its members from gathering outside Palabora's premises and strategic loading depots, damaging Palabora's property and interfering with its operations.

Importantly, it also requires the SAPS to intervene to uphold the order against the BCF and its members. This intervention includes stationing SAPS officers at Palabora's premises and escorting its trucks to the loading depot.

Webber Wentzel points out that the order is significant in that it does not have a termination date – it is a final interdict and is therefore indefinite. 

This has the effect that Palabora may use this interdict in the future for any community protests incited or otherwise organised by the BCF, without Palabora having to approach the court again.