KKM/
IN THE LABOUR COURT OF SOUTH AFRICA
HELD AT JOHANNESBURG
Not Reportable
CASE NO: 2025-168006
In the matter between:
ARM ANDALUSITSE (PTY) LTD Applicant
and
NATIONAL UNION OF MINE WORKERS Respondent
(AND ITS STRIKING EMPLOYEES EMPLOYED BY THE APPLICANT)
Heard: 23 September 2025
Delivered: 23 September 2025
EX TEMPORE JUDGMENT
Having heard counsel and having read the documents filed, for the brief reasons
given in court.
IT IS ORDERED THAT:
1. This above Honourable Court dispenses with the time periods and rules
pertaining to the bringing of an application of the current nature and to hear
and adjudicate this application on an urgent basis.
2. Pending the finalisation of the dispute referred by the Applicant against the
Respondent in terms of Section 69(8) between the Applicant and the
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Respondent, either by way of conciliation under Section 69(10), or
adjudication under Section 69(11), the agreed Picketing Rules dated 26
August 2025 are amended as follows:
2.1 The striking and picketing individual Respondents are ordered to
remain at least 500 meters from the business premises of the Applicant
and all access roads leading thereto, for the duration of the strike and
the picket and the designated picketing areas as per the Picketing
Rules are removed;
2.2 The individual striking and picketing Respondents are directed to
comply with the agreed picketing rules (as amended) forthwith and
pending the finalisation of the dispute as referred to under Section
69(8).
3. That prayer 2 will operate as an interim interdict with immediate effect,
pending the outcome of the Section 69(8) referral.
4. That that South African Police Service and other relevant law enforcement
agencies are requested to assist in ensuring compliance with the terms of this
Court order in the event of non-compliance by any individual Respondents
with the terms and the contents thereof.
5. An order authorising service of this Court order on the Respondent by:
5.1 Serving the order on the trade union NUM by email and WhatsApp
(and by hand if possible);
5.2 Affixing copies of the order to all entrance gates of the Applicant’s
business premises and by displaying it at the two picketing areas as
per the contents of the agreed Picketing Rules as well as by serving it
on the strike marshals as per the Picketing Rules; and
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5.3 Reading out the contents of the order to the individual Respondents
should they be present at the business premises of the granting of the
order.
6. The determination of any cost award is postponed pending the outcome of the
section 69(8) referral. Either party may enrol the matter for argument and may
file any supplementary supporting, answering and replying affidavits relevant
to the determination of costs, which must be filed timeously before the matter
is enrolled for argument.
____________________
Judge R Lagrange
23 September 2025
KKM/
Appearances:
For the Applicant: Advocate E. van Graan
Instructed by: AJ Stone Attorneys
For the Respondent: MC Malematje
Instructed by: Mashabela Attorneys Incorporated