Association of Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited t/a Anglo Gold Ashanti and Others

AMCU embarked on a primary strike against Sibanye Gold Limited following failed wage negotiations. While the primary strike was ongoing, AMCU gave notice of intended secondary strikes at ten separate mining companies (secondary employers) for a seven-day period. The secondary employers approached the Labour Court to interdict the secondary strikes, contending that they would cause massive economic harm to them while having no direct or indirect effect on the business of the primary employer. The Labour Court interdicted the strikes as unprotected under section 66(2)(c) of the Labour Relations Act (LRA). The Labour Appeal Court dismissed AMCU’s appeal on the basis that the matter was moot. Although the primary strike had since been resolved, AMCU approached the Constitutional Court to determine a discrete question of law concerning the interpretation of section 66(2)(c) of the LRA.

Leave to appeal was granted. The appeal against the judgments of the Labour Court and Labour Appeal Court was dismissed, save that the costs orders of both courts were set aside. Each party was ordered to pay its own costs in all courts.

This judgment authoritatively confirms that the lawfulness of secondary strikes under section 66(2)(c) of the LRA depends on a proportionality assessment. It provides clarity on how courts should evaluate secondary strikes and balances the constitutional right to strike with protection for secondary employers. The decision settles conflicting interpretations in the Labour Courts and provides guidance for future labour disputes involving secondary strikes.