Unions fight for Ekapa workers as mud rush mine faces liquidation

On 17 March, South Africa's Northern Cape High Court extended Ekapa Minerals' provisional liquidation rather than granting a final order, postponing the matter to 30 October. The delay follows a challenge by the National Union of Metalworkers of South Africa (NUMSA), which argued that business rescue would preserve more than 1,000 jobs. Liquidation will only cost jobs and harm workers.

NUMSA, affiliated to IndustriALL Global Union, said Ekapa has mishandled its finances and violated workers' rights. Around 400 workers have not been paid since November 2025 and are unable to access the Unemployment Insurance Fund. Attempts to secure TERS support have been met with little cooperation from the employer, the union said. In February, 196 workers were retrenched. Workers have since been granted access to 50 per cent of their pension savings - a short-term measure at best.

The union also accuses Ekapa of violating labour legislation, including the Labour Relations Act and the Basic Conditions of Employment Act. Proposals to retrain and upskill workers were rejected by the company.

Mud rush reflects deeper patterns of neglect

The mud rush that killed five mineworkers has cast a shadow over Ekapa's liquidation and raised serious questions about the company's adherence to safety protocols. NUMSA says the deaths reveal a deeper pattern of neglect by a company unable or unwilling to invest in managing increasingly unstable geological conditions.

The Department of Mineral and Petroleum Resources (DMRE) has taken a cautious and slow approach. Following the mud rush, inspectors issued directives halting operations in affected sections and demanded geotechnical assessments and compliance reports. An investigation was launched into whether Ekapa had followed mandatory codes of practice on rock engineering and underground stability.

But unions argue that the DMRE's interventions are reactive rather than preventive. Oversight tightened only after fatalities and operational collapse, leaving workers exposed.

The Parliamentary Portfolio Committee on Mineral Resources and Energy conducted an oversight visit to Kimberley, meeting workers, unions and local authorities. MPs expressed concern about unpaid wages, the liquidation process, and the adequacy of safety systems prior to the mud rush. They want the DMRE to strengthen enforcement and to clarify whether business rescue could offer a safer, and better deal to workers than liquidation.

Managing geotechnical shifts

Diamond mining in Kimberley's ageing mines is increasingly vulnerable to geotechnical instability. As underground mines deepen and intersect with old mines, the risk of mud rushes, rockfalls and sudden ground movement rises. Mining specialists point to several measures that could mitigate such risks. They want the DMRE to strengthen enforcement and clarify whether business rescue would offer workers a better deal than liquidation. Mud rushes often originate from flooding which can be controlled by improved drainage to reduce sudden inflows of water. Further, backfilling with material stabilises the rock mass and reduces collapse risk.

Andile Zitho, NUMSA regional secretary for the Northern Cape and Free State said:

"The postponement shows the court is seeing through the employer's tactics and this opens the door to a fairer, more sustainable future for Kimberley, Ekapa and its diamond workers."

Emmanuel Adjei-Danso, IndustriALL director for mining and energy said:

"We applaud NUMSA for defending livelihoods at Ekapa. Liquidation must not be a licence to impoverish workers."