IMPALA Platinum has defended withholding an internal investigation from the official inquiry into a fatal 2023 elevator accident at its Rustenburg operations, maintaining the document constitutes legally privileged material prepared for litigation counsel, according to a report by News24 on Friday.
Thirteen workers died and 73 sustained injuries when an elevator malfunctioned underground in November 2023. The Department of Mineral and Petroleum Resources launched its formal inquiry in December 2024, with conclusions anticipated within coming months, said News24.
Impala commissioned two independent external investigations immediately following the incident, sharing both with departmental investigators. However, the company separately engaged DRA Global, an international mining consultancy, to produce a litigation-focused assessment for its legal team.
When Impala declined to surrender the DRA report, the department sought a Labour Court order compelling disclosure. The court ruled in Impala’s favour, determining the document enjoyed litigation privilege protection.
The National Union of Mineworkers has urged release despite the ruling. “It can’t be allowed, in a democratic South Africa, that a company refuses to release its own internal report citing legal privileges,” said NUM spokesperson Livhuwani Mammburu. “There are people who died. The families want to find closure as to what happened.”
Johan Theron, Impala’s group executive for corporate affairs, told News24 the company maintained transparency with regulators whilst protecting its legal position.
The legal privilege claim was “standard practice”, adding that the DRA report contained no extraordinary findings. Theron indicated the board might yet opt for voluntary disclosure, though he criticised efforts to compel release.
Under the Mine Health and Safety Act, serious incidents causing death carry penalties including fines reaching R3m or imprisonment.
