Sibanye Gold Limited t/a Sibanye Stillwater v Association of Mineworkers and Construction Union and Others

Sibanye Gold Limited operates several gold mines and recognises NUM, Solidarity, UASA and AMCU for collective bargaining. Wage negotiations for the period 1 July 2018 to 30 June 2021 resulted in a collective agreement concluded on 14 November 2018 between Sibanye (through the Minerals Council) and NUM, Solidarity and UASA. AMCU was not a party and subsequently embarked on strike action from 21 November 2018 after a CCMA certificate of non-resolution. At the time the agreement was concluded, the signatory unions did not have majority representation and could not extend the agreement under section 23(1)(d) of the LRA. Sibanye alleged that union membership changed between 22 November and 13 December 2018, giving the signatory unions majority representation, and on 13 December 2018 concluded an extension agreement purporting to extend the wage agreement to all employees, rendering the strike unprotected. Sibanye previously sought similar urgent relief in case J 4552/18, which was dismissed on 21 December 2018 due to insufficient evidence of majority representation. Despite a court-ordered CCMA verification process that stalled pending an application for leave to appeal, Sibanye launched the present urgent application again seeking to have the strike declared unprotected. AMCU raised a special plea of res iudicata.

The special plea of res iudicata was upheld and the application was dismissed.

The case reinforces the application of the doctrine of res iudicata in labour litigation, particularly in urgent motion proceedings. It confirms that a dismissal for failure to establish a case on the papers can constitute a final judgment on the merits, preventing parties from repeatedly approaching the Labour Court on the same facts and legal basis. The judgment promotes finality and certainty in strike-related litigation.