Aurora case: Former Pamodzi employees to wait another seven months for justice

Trade union Solidarity today expressed its dissatisfaction over the High Court ruling to postpone the Aurora case to March next year. This comes after Judge Eberhard yesterday in the North Gauteng High Court granted the application for postponement of the trial brought by the accused Aurora directors, but ordered them to pay the legal costs for three days.

According to Nic Arnold, corporate legal advisor of Solidarity, the order is positive insofar as it obviates the grounds for a possible application for leave to appeal by the directors. Such an appeal process could have taken yet another three years. "We believe the granting of postponement is a temporary setback for the former Pamodzi employees, who by the time the case is finally heard, would have been waiting for a full four years to be paid their overdue salaries," Arnold said. "At least the directors, by having formally opposed the application, are now finally on record."

In a concession to the parties, the court ruled that they have until 15 December 2014 to lodge supplementary affidavits. Court proceedings will then only resume on 22 March 2015, and have been placed on the roll for a whole week.

Arnold is of the opinion that the postponement means that the Aurora directors can continue their daily business despite facing charges of mismanagement and several offences. "From the enquiry that took place it is apparent that they have, undoubtedly, made themselves guilty of several crimes during their term of management of the Pamodzi mines," Arnold said.

According to Arnold, Solidarity is pleased that the Bhana family's application to postpone the R35 million summons against them, was dismissed with cost. Moreover, the judges dismissed their application for leave to appeal against judgment with cost. It was further ruled that the Bhana family members implicated in the case and other respondents have to reimburse a total amount of R35 million.

"This judgment offers a glimmer of hope that the salary arrears of the former Pamodzi employees will be paid to them. We are also of the opinion that the ruling is the beginning of a process to let justice prevail and that a bunch of looters will be brought to book," Arnold added.

Statement issued by Nic Arnold, Corporate Legal Advisor: Solidarity, August 27 2014

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