UASA Media Release: 30 December 2025
Statement by Abigail Moyo, spokesperson of the trade union UASA:
For UASA, 2025 has been a year defined by intensified legal challenges, heavy economic pressures and the ongoing struggle to protect workers against an intensely volatile labour environment.
Section 189 Retrenchments, Business Rescue and Liquidations
A major concern for UASA in 2025 has been the persistent wave of Section 189 retrenchment notices across multiple sectors. Although quarterly figures from Stats SA occasionally indicated marginal improvements in employment levels, the on-the-ground reality for workers has been starkly different.
UASA recorded a steady increase in Section 189 notices affecting its members, particularly in the mining and manufacturing industries. For many companies, organisational restructuring has remained the default response to rising operational costs and shrinking margins. These patterns highlight the troubling disconnect between national employment statistics and the lived experiences of workers who continue to face job insecurity.
Another growing alarm for the union has been the continued rise in companies entering business rescue or liquidation. Reports reflected an uptick in filings, with several employers unable to recover from prolonged financial distress, reduced consumer demand, and escalating energy and logistics costs.
The diamond industry, once a symbol of stability and resilience, exemplifies the current crisis. UASA members at EKAPA have not received full salaries for months due to severe cash-flow constraints. The situation has escalated into an ongoing legal battle, with the union intervening to secure outstanding payments and ensure compliance with labour legislation.
This pattern is not isolated. Across sectors, UASA’s legal department has been inundated with cases involving unpaid salaries, unfair retrenchment procedures and non-compliance with collective agreements. These challenges have placed significant pressure on the union’s resources, requiring intensified litigation, dispute resolution, and member support.
Legal Battles
UASA NUM VS ANGLO AMERICAN PLATINUM, RUSTENBURG PLATINUM & 8 OTHERS
During 2021, Anglo American Platinum mine informed UASA, NUM, and AMCU of its intention to “migrate” its Operations from the Mine Health and Safety Act (MHSA) legislation to the Occupational Health and Safety Act (OHSA) legislation. UASA, NUM, and AMCU have been consistent in their objection to the proposed migration from the MHSA to the OHSA on the basis that their members have better protection under the MHSA compared to the OHSA. Furthermore, Department of Labour inspectors do not have experience in mining regulatory and monitoring compared to the Department of Mineral Resources and Energy inspectors. UASA further questioned the capacity of the Department of Labour, given the nature of mining operations, and questioned the qualifications of Department of Labour inspectors who will assume the Department of Minerals’ responsibilities at the Operations.
UASA brought an application in the Labour Court to declare that the MHSA applies to the operations of the Anglo American Platinum mine, rather than the OHSA. The Labour Court ruled against UASA. UASA then lodged an appeal against that judgement because we are of the view that the court erred in its ruling. UASA and NUM appealed. The appeal hearing was held in September 2025 in the Labour Appeal Court in Johannesburg and UASA awaits the judgment of the court.
In another case, the Labour Court awarded our members R 8,9 million in 2023 due to a municipality’s failure to pay their travel allowances. The UASA legal services department is currently monitoring and managing seventy-nine (79) companies in liquidation where UASA members were employed. These liquidation processes can take 5 years or longer to finalise, during which UASA continues to represent our members even when we do not receive any membership payments.
Despite the heavy legal load in 2025, UASA remains committed to defending its members with the full strength of its legal and organisational capacity. The union’s interventions – from CCMA representation to High Court litigation – continue to protect workplace rights and fair labour practices during one of the most turbulent economic periods in recent years.
UASA reiterates its call for the country to achieve at least 5% annual economic growth to lift industries out of stagnation, reduce retrenchments, stimulate job creation and rebuild worker confidence.
We also warn of the uncertain impact of the imposed U.S. tariffs on South Africa’s economy. With export-reliant sectors already under pressure, the union anticipates further strain unless government and industry leaders act swiftly to protect vulnerable markets and diversify economic opportunities.
For further enquiries or to set up a personal interview, contact Abigail Moyo at 065 170 0162.