[miningmx.com] — IMPALA Platinum (Implats) on Tuesday responded to
allegations that it was trying to cover up its own culpability in the death of a mine
worker in 2006. It is now facing criminal charges over the issue.
This came after the Sunday Times reported the world’s second-largest
platinum miner has failed to make public disclosures about the charges it was facing,
while also obtaining a court interdict against a whistleblower who made a
documentary on the events that led to the death of the Lesotho national, Paulus
Phethoka, at the Implats Rustenburg mines.
According to the report, the National Prosecution Authority (NPA) decided in
December
2010 to charge Implats and its executives for culpable homicide, or alternatively, for
contraventions of the Mine Health and Safety Act.
In an emailed response to questions, Implats confirmed to Miningmx that the
NPA has charged the company with culpable homicide.
“Impala asked for particulars relating to the charge in September last year and is still
awaiting the information,’ read the response. It denied that any executive or other
employee has been charged in a personal capacity.
Asked why the company has not disclosed these charges to shareholders, Implats
responded as follow: “The company has not received any particulars and has not
been
found guilty of any wrongdoing. In law, one is innocent until found guilty.
“Impala denies any liability in the death of Mr Phetoka. [The company] will not be
arguing its case through the media, but will do so when this comes to court.’
It said the whistleblower, a former training manager, was “fired for gross dishonesty,
non-compliance with company values, policies or procedures, breach of ethics and
mismanagement of training systems’.
“This was upheld by the CCMA [Commission for Conciliation, Arbitration and
Mediation]’, Implats said.
The NPA hasn’t responded to questions over the particulars of the case at the time
of
publication.
The National Union of Mineworkers’ Lesiba Seshoka said the union would conduct its
own investigation into the matter, whereafter it would report its findings.
Warren Beech, a partner at legal firm WebberWentzel, which specialises in health,
safety and environmental aspects, told Miningmx it was common for
companies to face charges of culpable homicide and contraventions of certain
sections
of the MHSA, whenever a fatality had occurred.
He said the NPA would, in general, decide to prosecute around 30% of the
recommendations it received from the mining inspectorate. In most cases, the mining
company would agree to pay an admission-of-guilt fine.
In the cases which do proceed to trial, the company and/or official would usually be
fined upon conviction, although no senior mining executive has ever been found
guilty
in a personal capacity.
The case involving Phethoka’s death is due to be heard at the Bafokeng Regional
Court on Wednesday. Implats said this was still part of preliminary hearings.
“No date has yet been set to hear the case,’ the company said.
