A violent incident involving armed security at a Dundee coal mine co-owned by ANC bigwig Matthews Phosa has sparked serious criminal allegations and a sizeable damages claim, intensifying a legal dispute with Caterpillar Financial Services SA.
Phosa’s company, Transasia 1, is demanding R93-million in compensation following the June 24 incident, accusing Caterpillar Financial Services SA and Qomkufa Security Company of armed robbery and malicious damage to property.
The conflict erupted when, according to allegations in a letter from TTS Attorneys, dated September 20, officials associated with Caterpillar hired an armed security team to forcibly enter Transasia’s mine premises.
“Your client committed a criminal offence,” states the letter, accusing Catepillar of colluding with the security team to unlawfully seize a Caterpillar Large Excavator 395 and intimidate mineworkers.
Transasia 1 claims it was unaware that the excavator, removed during the incursion, belonged to Caterpillar and not to Kgopa Mining and Resources, with whom they had a commercial contract.
“There was no court order that allowed you or the security company to enter the property,” said Transasia 1 lawyers, branding the actions as armed robbery.
In addition to the criminal accusations, Transasia 1 is pursuing a civil claim of R93-million, citing R3 -million for repair costs and R90-million for lost business due to the disruption. Should their demands remain unfulfilled within five business days, they issued a stern warning of impending legal action.
“Unless you accept the offer… or we receive payment… our instructions are to institute legal action for damages against yourselves,” the letter warns.
“Caterpillar Financial Services SA has denied the claims, maintaining in a letter from Werksmans Attorneys on September 27 that all actions were conducted legally under a valid court order. They have refused to comply with Transasia’s demands, stating: “Our client will not agree to return the unit to your client. Our client is the lawful owner of the unit.”
The legal conflict has also unfolded in the courts. In July, Transasia filed an urgent spoliation application in the KwaZulu-Natal Provisional Division, seeking the return of the excavator. Judge Bezuidenhout dismissed the application with costs, ruling that the actions
taken under a previous court order were lawful. Transasia appealed the judgment last month. The matter is pending.
Further complicating the legal landscape, Transasia filed a variation application with the Mpumalanga Division to exclude the excavator from the prior order authorising its
attachment. Catepillar opposed this move, resulting in an ongoing legal standoff with no resolution in sight.
The escalating tension between the parties has led Transasia to file a criminal case against Caterpillar and the security company, accusing them of intimidation, malicious damage to property, and armed robbery.
“As you should know, once a criminal case is opened, the matter is seized with the South African Police Service,” Transasia’s letter emphasises, cautioning the accused against interfering with the investigation.
Caterpillar has expressed a need for urgent clarification regarding the criminal charges, questioning the details of the police station, docket number, and investigating officer
involved. It plans to inform the investigating officer about the pending civil proceedings and the previous judgment.
Despite the legal fray, Transasia has expressed a willingness to resolve the dispute amicably, proposing the return of the excavator as a peaceful settlement.
“Our client is amenable to resolving this matter amicably… if you return the excavator to our client,” the letter suggests.
