Aurora 'stalling' case

Trade union Solidarity's application to have mining company Aurora liquidated has been delayed in the Pretoria High Court when the embattled company claimed that it could not file its papers on time - because the union's application was in Afrikaans.

Aurora said it could have responded to the R3-million liquidation application in "Zulu or Xhosa ... but chose not to do so".

Aurora filed its opposing affidavit on the eve of the hearing, long after the June 21 deadline, prompting Judge Ephraim Makgoba to postpone the matter to allow Solidarity to file a replying affidavit.

Aurora's Thulani Ngubane stated in court papers that the mining company's directors were "not fluent in Afrikaans" and the use of the language was an impediment to them. He said Solidarity's application should have been brought in English, "which is universally understood in South Africa".

But Solidarity's deputy general secretary, Gideon du Plessis, said: "This is nonsense. They cannot cite Afrikaans as an impediment for bringing their opposition [papers] on time because they had the English version."

Solidarity brought the application on May 20 on behalf of 42 of its members employed by Aurora Gold East Rand who have not been paid.

Du Plessis said the union had expected "this delaying tactic" because Aurora knew that the application would result in an insolvency application, which would pave the way for the company's directors to be held personally accountable and have their assets attached.

"We're going to file the responding affidavit as soon as possible," Du Plessis said.

He said the employees had been waiting for justice for more than two years and Aurora's failure to submit its opposition to the granting of the application on time was not only a slap in the face for the employees "but also shows Aurora's disregard for the legal system".

According to Solidarity's founding affidavit, the 42 claimants were employed by Aurora in terms of a written employment contract.

"The applicants do not hold any security in terms of the respondents' debts towards them. The applicants' lawyer served a letter of demand on the respondents . to pay all the applicants within 21 days," it read.

But Aurora ignored the demand and did not give any security or guarantee that wages would be paid.

Aurora disputes the accuracy of the schedule of employees on which Solidarity relied in bringing the application.

The company's opposing papers state: "The applicant relies on a schedule, the correctness of which has not been confirmed under oath, that the amount of R3 083 599.20 is allegedly owing to the applicants . I am advised . that it is an abuse of insolvency proceedings to enforce the payment of a debt which is . disputed."

Aurora questioned the claim that all the 42 claimants were employed by the company.