NUM NEC moves to litigate against ESKOM unbundling, vows to defend public grid and protect jobs

The National Union of Mineworkers (NUM) convened its Extended National Executive Committee (NEC) meeting from 5 to 7 August 2026 at the Premier Hotel Roodevalley in Pretoria. The NEC thoroughly assessed the challenges facing mineworkers, energy workers, construction workers, and metalworkers, and deliberated extensively on President Cyril Ramaphosas approval of the Eskom Restructuring Task Team (ERTT) Phase I Report and the increasing Health and safety fatalities in mining and construction sectors

While the Presidency asserts that establishing an independent Transmission System Operator (TSO) aims to foster competition, attract investment, and enhance energy security, the NUM NEC remains deeply concerned. The NEC firmly maintains that restructuring must not come at the expense of jobs, working conditions, collective bargaining rights, or public ownership. Eskom workers have carried the burden of keeping the grid stable, and their livelihoods must be protected.

Following its deliberations, the NEC resolved on the following core positions:

Legal Action Underway

The NUM NEC has taken a firm decision to litigate this matter. The union is currently in active consultation with its legal team, having held multiple legal sessions to prepare formal court action to challenge the decision.

Prioritising Municipal Debt and Governance

The NEC welcomes the reports recognition that mounting municipal debt severely threatens Eskom's financial sustainability. Government must prioritize resolving municipal debt, improving revenue collection, and strengthening core governance before implementing structural changes that risk operational stability and create worker uncertainty.

Firm Opposition to Asset Transfers and Fragmentation

The NEC strongly opposes transferring strategic assets, infrastructure, employees, or operational functions from the National Transmission Company of South Africa (NTCSA) to a new TSO. Transferring transmission assets away from Eskom risks fragmentation, increased private sector dominance, and the gradual erosion of public control. The NEC rejects any asset separation undertaken without full consent and consultation with organized labor.

Guarantees Against Job Losses

International experience demonstrates that market liberalization often results in workforce reductions and compromised labor standards. The NEC demands explicit guarantees from government that no worker will lose their job or suffer degraded employment conditions as a result of these reforms

Genuine Consultation and a Just Transition

As government enters Phase II to finalize an implementation plan over the next three months, the NEC demands full and meaningful consultation at every stage. Sector reforms must strictly adhere to Just Transition principles prioritizing energy security, affordable power, industrial growth, localization, and the public interest above private profit.

Call to Action and Mobilization

The NEC unequivocally rejects the gradual privatization and liberalization of South Africa's electricity grid. Electricity remains a strategic national asset. We call on government to halt all steps toward market liberalization until a comprehensive social compact is reached with labor and key stakeholders.

In addition to our ongoing legal proceedings, should government continue to proceed with reforms that threaten public ownership, undermine Eskom's strategic mandate, or compromise workers' rights without genuine consultation, the NEC stands ready to deploy all available constitutional and organizational measures—including worker mobilization to defend energy sovereignty, public ownership, and workers' livelihoods.

NEC CALLS FOR URGENT ACTION TO END WORKPLACE FATALITIES AND DEFEND WORKERS' LIVES

The NEC expresses its profound concern over the deteriorating health and safety standards in the mining and construction sectors.

Rising Workplace Fatalities Demand Immediate Action

The NEC noted with grave concern that 38 mineworkers and 23 construction workers have lost their lives in workplace incidents during the reporting period. These are not mere statistics they are human beings, parents, siblings, and breadwinners who left home to earn an honest living but never returned. The NEC firmly maintains that these deaths are preventable. Workers continue to sacrifice their lives while generating wealth for companies that too often prioritize production and profit above human dignity, safety, and health. Every fatality represents a catastrophic failure of leadership, planning, and accountability, leaving behind grieving families and devastated communities.

Growing Alarm Over Fatalities Among Women Workers

The NEC is particularly alarmed by an emerging and deeply unsettling trend: an increasing number of women workers losing their lives in the workplace. This unacceptable reality requires urgent investigation and decisive intervention. Memorial services and messages of condolence are not enough. South Africa requires bold, enforceable action to ensure workers do not die while earning a living.

The NEC further noted that behind every fatality are numerous serious injuries, occupational diseases, psychological trauma, and a demoralized workforce. The NUM reiterates that every worker has a constitutional right to return home safe and sound after every shift.

Mining Companies Must Return to Tripartite Health and Safety Forums
The NEC is deeply concerned that major mining houses are retreating from structured safety engagements by abandoning Tripartite Health and Safety Forums. At a time when the industry continues to experience unacceptable fatalities, employers should be strengthening cooperation not withdrawing from it.

The NEC notes with disappointment that Anglo American withdrew from the Tripartite Forum initiative, with Valterra subsequently following suit.

The cancellation of all planned Tripartite Health and Safety meetings for 2026 demonstrates a disturbing lack of commitment to genuine stakeholder engagement.

Tripartite forums—bringing together organized labor, employers, and government are fundamental to identifying risks, resolving safety challenges, and preventing fatalities. Employers who distance themselves from these structures actively weaken collective efforts to save lives.

The NEC calls on Anglo American, Valterra, and all mining companies to recommit to meaningful tripartite engagement and immediately reinstate all cancelled meetings. Furthermore, employers must strengthen Regional Tripartite Forums as essential operational structures. Health and safety are not an optional exercise it is a legal, moral, and social imperative.

Recognizing Excellence in Health and Safety

Despite these alarming conditions, the NEC recognizes companies that demonstrate that workplace fatalities can be eliminated through strong leadership and unwavering safety protocols. The Committee commends:
• Kusasalethu Mine
• Exxaro Leeuwpan Mine
• Phakisa Mine (Free State)

These operations prove that "Zero Harm" is achievable when employers invest in robust safety systems, worker participation, and proactive risk management.

Impalas "Safety Day" Cannot Replace Genuine Safety

The NEC strongly condemns the recent "Safety Day" organized by Impala Mine following multiple workplace fatalities at its operations. The NUM was deliberately excluded from this event despite being a primary stakeholder and recognized representative of the workforce.

The NEC rejects any attempt to portray PR events as genuine safety commitments while workers continue to die. Safety is not built through stadium gatherings or public relations campaigns it is built through visible leadership, proper equipment maintenance, effective supervision, and authentic worker participation. The NEC views Impalas event as an attempt to divert attention from urgent, necessary safety reforms

Retrenchments in Diamond Sector Threaten Livelihoods

The NEC expresses serious concern over developments in the diamond mining sector, where employers are responding to economic pressures with mass retrenchments rather than collaborating with organized labor on sustainable solutions.

Key areas of concern include:

• Finch Mine (Kimberley): Currently under Business Rescue.
• Venetia Mine (Musina): Over 1,100 permanent jobs under immediate threat.
• Cullinan Mine (Pretoria): Workers face ongoing uncertainty regarding their future.

The NEC rejects the trend of restructuring the diamond sector at the expense of workers. Mineworkers must not carry the burden of corporate mismanagement while executive profits remain protected.

NUM Demands Stricter Enforcement and Accountability

The NEC calls on the Department of Mineral and Petroleum Resources (DMPR), the Mine Health and Safety Inspectorate, employers, and all industry stake holders to urgently intensify efforts to eliminate fatalities and injuries.

The Committee demands:

1. Stricter enforcement of health and safety legislation. 
2. Direct accountability for employers who fail to protect workers. 
3. Meaningful worker participation in all health and safety structures. 

The NEC remains resolute in fighting for safe workplaces, job security, and the dignity of every worker. The lives of mineworkers and construction workers are priceless and will never be sacrificed for production targets.

Our message is clear: Every worker who leaves home for work deserves to return home alive. One death is one too many.

Political and International Solidarity

Geopolitical Instability in the Middle East

The National Executive Committee (NEC) expresses deep concern over the escalating geopolitical tensions in the Middle East and their profound impact on global politics, the international economy, and trade union solidarity.

The conflict between the United States and Iran, alongside broader regional instability, has driven up food and fuel prices while severely devaluing the South African Rand. This economic strain has made basic transport costs increasingly unmanageable for working-class households.

Continued military escalation by the United States undermines efforts toward lasting peace. The NEC views these conflicts—including ongoing aggression in the Middle East, the war in Ukraine, and civil unrest in the Democratic Republic of Congo (DRC) and South Sudan as heavily influenced by global arms manufacturing interests.

Venezuela

The NEC condemns the tactical delays in the judicial proceedings involving Venezuelan President Nicolás Maduro, viewing the postponement of court processes to 2027 as a deliberate effort to create political frustration. Concurrently, foreign corporate interests continue to resume operations in Venezuela, threatening the country's national resources and sovereignty.

Cuba

The humanitarian and economic crisis in Cuba has reached catastrophic levels due to the ongoing blockade and severe economic sanctions. Executive orders restricting fuel supplies have caused widespread power blackouts, disrupting critical infrastructure, medical care, aviation, manufacturing, and basic sanitation.

Cuban President Miguel Díaz-Canel has highlighted the devastating impact of these economic measures on everyday survival. In response, the NUM commits to mobilizing progressive forces across the Southern African Development Community (SADC) region to provide humanitarian relief and re-affirms its steadfast solidarity with the Cuban people.

Palestine

The NEC strongly condemns the ongoing violence and loss of life in Gaza. The continued destruction of civil infrastructure, places of worship, and residential areas demonstrates a total disregard for international law and basic human rights. The NUM reiterates its full support for all progressive forces advocating for the liberation, safety, and self-determination of the Palestinian people.

Western Sahara

The NEC maintains its unequivocal support for the Saharawi people in their struggle for freedom and self-determination. In alignment with relevant United Nations resolutions including Resolutions 2625 and 2797 the NEC calls for a negotiated settlement that respects the sovereign rights and dignity of the Saharawi nation.

For more information, please contact:

• Mpho Phakedi, NUM General Secretary: 082 882 3452
• Livhuwani Mammburu, NUM National Spokesperson: 083 809 3257
• Luphert Chilwane, NUM Media Officer: 083 809 3255

The National Union of Mineworkers
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