- A jailed community forum leader failed in an urgent application seeking reconsideration of an order banning road blockades and disruptions at Marikana mines.
- Molaulwa was serving a 60-day prison sentence arising from separate contempt proceedings linked to the dispute.
- The order prohibiting interference with mining operations, intimidation and blocked access routes remains in force.
Sibanye Stillwater and two associated mining companies have successfully retained an order banning road blockades and operational disruptions at their Marikana mining operations after an urgent challenge was struck from the roll.
The order, granted in September 2025, prevents the Greater Local Communities Unemployment Forum, its leader Tshepo Hope Molaulwa and those acting in association with them from interfering with mining activities, intimidating employees and contractors, damaging property, blocking roads and mine entrances, and disrupting the companies’ day-to-day operations.
The matter returned to the High Court in Mahikeng after Molaulwa sought reconsideration of the order, arguing that it had been granted in his absence and that service of the original application had been defective.
Order aimed at protecting mining operations
Sibanye Stillwater Limited, Eastern Platinum Limited and Western Platinum Proprietary Limited obtained the order amid concerns about conduct that they said was disrupting their mining and business operations.
The order restrains the forum and its members from interfering with activities at the Marikana operations and from threatening, intimidating or causing harm to employees, contractors, security personnel and customers.
It also prohibits the blocking of roads and access gates, the damaging of property and equipment, and any conduct that interferes with or disrupts mining activities.
The companies were further authorised to employ security measures necessary to bring any future contraventions of the order to an immediate halt.
Reconsideration application
Molaulwa later approached the court seeking reconsideration of the order. Through his attorney, he argued that the original application had not been properly served on him. He contended that documents had been sent to an incorrect email address and that service via WhatsApp shortly before the hearing was inadequate.
He also sought relief linked to his imprisonment following separate contempt proceedings, arguing that his continued incarceration made the matter urgent.
The mining companies opposed the application and argued that Molaulwa had waited too long before seeking reconsideration.
They maintained that the relevant documents and orders had been served through email and WhatsApp and that he had been aware of the proceedings for months before launching the application.
Urgency challenge fails
Judge Masike found that an application seeking reconsideration of an urgent order does not automatically qualify for urgent hearing simply because the original order was granted in urgent proceedings.
The judgment found that no satisfactory explanation had been provided for the lengthy delay between the granting of the order in September 2025 and the launch of the reconsideration application in June 2026.
Judge Masike held that even if there were disputes regarding service of the original papers, Molaulwa would have become aware of the order and its consequences when enforcement steps were taken against him.
The court concluded that the urgency relied upon by the applicant was self-created and struck the matter from the urgent roll.
Order remains in force
Because the application was struck from the urgent roll, the court did not reconsider the merits of the original order.
The result is that the order remains in force, continuing to prohibit road blockades, interference with mining operations, intimidation of workers and contractors, damage to property and other conduct that disrupts activities at the Marikana mines.
Judge Masike also ordered Molaulwa to pay the costs of the application, including the costs of one counsel.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
