JOHANNESBURG, April 11 (Reuters) – South Africa’s Impala
Platinum, the world’s second-largest producer of the
precious metal, confirmed on Wednesday that it had been charged
with culpable homicide following a fatality at one of its mines
five years ago.
“The NPA (National Prosecuting Authority) has charged Impala
with culpable homicide. Impala asked for particulars relating to
the charge in September last year and is still awaiting the
information,” the company said in response to e-mailed questions
from Reuters.
“Impala denies any liability in the death of Mr Phetoka,”
the company said, referring to Lesotho national Paulus Mosala
Phetoka, the worker who died in the incident.
Implats said it was charged by the NPA in July last year but
felt it was not necessary to tell shareholders, because it had
not received any details of the charge, nor had it been found
guilty of any wrongdoing.
Andrew Mitchell, a lawyer at Bell Dewar in Johannesburg,
said that it was not unusual for the NPA to charge a corporation
with culpable homicide but that it was unusual for the charge to
be laid in relation to a mine fatality.
He said the NPA could charge a chief executive with
vicarious liability but that it was more likely the company
would end up paying a fine.
Implats has already had a rough year with a six-week strike
at its Rustenburg operations costing it 2.4 billion rand ($300
million) and a public spat with Zimbabwe over the handing over
of a 51 percent stake in its local unit Zimplats to the
government.
Shares of Implats were unchanged at around 150 rand ($18.80)
by late afternoon on Wednesday. The JSE’s bluechip Top 40 Index
was 0.09 percent up at the time.
($1 = 8.0160 South African rand)
($1 = 7.9777 South African rand)
(Reporting by Sherilee Lakmidas, editing by Ed Stoddard and
Jane Baird)
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