Bidvest security firm loses bid to avoid paying employee shot during strike

Supreme Court of Appeal strikes case off the roll, awards costs to worker

- By Tshwarelo eseng Mogakane

The Supreme Court of Appeal in Bloemfontein has dismissed Bidvest Protea Coin’s appeal to avoid paying damages to Mandla Mabena, an employee who lost sight in his left eye during a protect-ed strike in Mpumalanga nine years ago.

Bidvest sought reconsideration and variation of a dismissed appeal, but the court upheld previous rulings, confirming Bidvest’s liability.

Mabena was injured during a monthlong strike organised by the Association of Mine Workers and Construction Union at Wonderfontein Mine outside Middelburg.

The incident occurred when a non-striking harvester drove into a striking worker’s vehicle, escalating tensions.

“The striking workers, in response, threw stones at the harvester and at employees of Bidvest who were in place to secure the mine. Employees of Bidvest, as they had done earlier in the day, in two groups, advanced upon the workers, and opened fire with rubber bullets,” the Supreme Court judgment reads.