CRIME AND MISCONDUCT
- Crime is an action or omission which constitutes any offence and is punishable by law, e.g., theft, fraud and corruption.
- Misconduct, is unacceptable or improper behaviour, especially by an employee or professional person, concerning all applicable policies of the company.
THEFT AND CORRUPTION
- Theft, in terms of common law, is the unlawful intentional removal of the movable property of another owner with the intent to deprive the owner of his/her ownership permanently. Theft in terms of the mine’s disciplinary code and procedures is any unauthorised removal or possession of company property or another person’s property.
- Corruption, Section 1 of the Corruption Act (94 of 1992) defines corruption as an act where a person corruptly gives, offers or agrees to give any benefit of whatever nature which is not legally due. Corruption, in terms of the mine’s disciplinary code and procedure, is the giving or receiving or attempting to give or receive any bribe, or inducing or attempting to induce any person to either give or accept a bribe.
IMPACTS OF CRIME ON THECOMPANY, EMPLOYEES AND COMMUNITIES
- Millions of Rands are lost annually through crimes committed at the company’s operations, especially from theft and corruption activities.
- This has put a lot of economic and financial strain on the company to try and protect its assets and operations. In turn, this has a very negative impact on the profitability of the company and the economic future it has.
- The company employs thousands of people, who not only financial support thousands of families, but who depend on the company to be successful and not struggle financially.
CONSEQUENCE OF BECOMING INVOLVED IN CRIMINAL ACTIVITIES
- The sanction of theft and corruption in terms of disciplinary code and procedures is a direct dismissal.
- The punishment for criminal activities in terms of South African legislation can range from fines to direct imprisonment.
- Please note that the mine’s security and the South African Police Service (SAPS) have arrested numerous employees for theft, fraud and corruption over the last few years. The company then supports the police and prosecutors to ensure that criminal charges are laid and the court cases are concluded.
- SECURITY MEASURES ALL EMPLOYEES MUST APPLY
- All the access points, entrances, windows and doors of all operations must be securely locked after hours.
- Intruder alarms must be activated where applicable.
- Equipment and other valuables must be locked away or parked at secured zones/laydown areas.
- Suspicious persons or activities must be reported to security immediately.
- All mining equipment, tools, etc. leaving the operations must be accompanied by a signed waybill document and should be presented to security personnel when exiting or entering operations.
- Nobody is allowed to tamper with a crime scene after a crime has been reported/identified.
- Any form of malicious property damage will lead to both disciplinary and criminal action being taken.
- Any possible security risks, such as valuable commodities that can be stolen, must be reported to management/security.
PROHIBITED ITEMS
- Mercury
- Drugs
- Alcohol
- Cigarettes (underground)
- Lighters (underground)
- Cell phones (underground)
- Firearms
- Dangerous weapons such as knives.
GENERAL
- Searching can be conducted on all employees and visitors entering/exiting the company’s premises. Anyone who refuses to be searched will be denied entrance and detained before being left to exit the premises. Females will only be searched by females.
- Search will be conducted by hand, metal detectors or X-Ray scanners, or all three.
- You may not handle gold or gold products in any form or remove them from the location without authorisation from the location where it is kept or outside your scope of responsibilities.
- If you see a suspicious parcel or container, do not go near it or touch it. Report gold products found immediately to Security Officer or a Plant Production Superintendent.
- Always ensure that you have no gold-bearing material or mine property in your possession before entering the search area.
- Ensure that you have no unauthorised gold-bearing material in your locker, vehicle, office, etc. Take note that searching may be conducted from time to time and if any gold-bearing material or mercury is found it may result in criminal prosecution or/and disciplinary measures being taken.
- You may not take cellular phones into any of the plants unless prior permission has been obtained from the Plant Production Superintendent or Security Manager.
- All employees and contractors will be issued access control cards. Keep your access card in a safe place and do not allow anyone to use your access control card. No employee may use the card of another employee for access purposes under any circumstances. You may not enter the plant when you are not on duty unless you have been paraded.
- No company representatives will be allowed inside the plants unless otherwise permitted by the General Metallurgical Foreman, Engineering Foremen, Plant Production Superintendent or Security Manager. All such representatives will be interacted with outside the Plant unless it is required otherwise.
- No vehicles may enter the metallurgical plant without the consent or permission of the Plant Production Superintendent, Engineer or security Manager. All vehicles entering/exiting the metallurgical plant are subjected to search including the driver and passengers.
- No cold drink cans, food, juice bottles, etc. may be taken out of the plant. Containers for example ointment, shampoo, etc. will not be allowed to be taken out of the plant.
- Only see-through bags and food containers may be taken into the plants.
- The presence of security must be arranged before any Mill is opened for any reason. The presence of security must be arranged before any drain valves secured with chains and padlocks are opened. The presence of security must be arranged before any pump that could contain gold-bearing material is opened.
- No person in a state of intoxication or who is under the influence of alcohol or drugs will be allowed access to any of the operations.
- All new employees may be subjected to polygraph testing before engagement or at intervals as required by the mine management.
- No one may hand over, push or throw any items of whatever nature over or through fences or perimeter barriers. Conversations or other forms of communication with persons over or through perimeter barriers are prohibited.
- The wearing of balaclavas, to partially cover one’s face is prohibited.
- No article or equipment may be placed in the plant airlock unless the responsible Engineering Foreman or General Metallurgical Foreman has inspected it. Such articles or equipment must be free of gold-bearing material. A properly authorised waybill must accompany mine equipment removed from that location.
- No security employee is allowed to take items from any employee or visitor through the airlock or fences.
- No person may engage in any act aimed at damaging company equipment.
- No employee will be allowed to take in a large quantity of food into the shaft area, and arrangements with security must be made when food needs to be taken underground for an employee requested to work overtime.
- Disciplinary and criminal action will be taken against any employee who directly or indirectly assists illegal miners (also known as Zama-Zamas).
- No employee is allowed to get assistance from security officers in conducting their duties.
SECURITY DIRECTIVE 02/2023: PAR FACILITIES AND OPERATIONS TO BECOME GUN FREE ZONES (GFZ)
It is not a Constitutional right to possess and carry a firearm, but rather a regulated privilege that must be granted by the appropriate authority. An employer, being the owner or lawful occupier or possessor of land, plant, building, structure, or a premises (hereafter “company property”) or any type of vehicle in or on the Company property may place conditions on the right of admission, which may reasonably and justifiably include that no firearms may be possessed on or in company property. Both employers and employees have a statutory duty to create and protect the health and safety, of especially employees on or in company property, including those who are not in possession of a firearm. Placing such conditions on admission to company property align with this statutory duty, especially as prescribed by the Mine Health and Safety Act, 29 of 1996.
In order to avoid the numerous risks and liabilities that accompany firearms, including the safe storage thereof, an employer may declare the company property a Gun Free Zone (GFZ). To ensure that the Pan African Resources group (PAR) including its subsidiaries (hereafter “the Company”) maintain a safe workplace, the company hereby prohibits the possession of firearms, ammunition and dangerous weapons as defined below in or on company & property. All company employees, including without limitation independent contractors, consultants and temporary employees (hereafter “employees”), as well as visitors on company property, are subject to this Directive. Any employee found in possession of a firearm, ammunition or a dangerous weapon while in or on company property in contravention of this Directive may face disciplinary action that may result in termination of employment. Employees and visitors are responsible for ensuring that any item possessed by them is not prohibited by this Directive. Firearm, ammunition and a dangerous weapon is defined below:
- “Ammunition” carries the meaning designated thereto in the Firearms Control Act, 60 of 2000;
- “Dangerous weapons” include explosives and other weapons that may be considered dangerous or that could potentially cause harm.
- “Firearm” carries the meaning designated thereto in the Firearms Control Act, 60 of 2000;
A license to possess a firearm does not negate the company’s rights in terms of this Directive in any manner or fashion. This Directive does not apply to any law enforcement officials whilst on official duty or company appointed security personnel whilst on official duty. Employees and visitors may apply (written via email) for an exemption from compliance with this Directive via the company’s appointed security managers and must receive prior written approval from the company’s Executive for Risk and Security in order to be exempted from the provisions of this Directive. The following must also be taken note of regarding the implementation of this Directive:
- Signs containing the wording “NO FIREARMS,AMMUNITION OR OTHER DANGEROUS WEAPONS ALLOWED”or wording similar thereto shall be conspicuously posted within all company property primary access points, parking areas and office entrances. These signs will clearly indicate that firearms, ammunition and dangerous weapons may not be possessed in or on company property.
- The company’s relevant security managers shall ensure that facilities are installed and adequate processes are implemented that exempted employees who travel between their places of residence and company operations with a firearm and ammunition can declare it and hand it in to the appropriate security offices or mine access points. Exempted employees for purposes of this Directive shall be those employees as exempted in writing by the company’s Risk and Security Executive.
- Security managers at operations to keep updated records of all exempted employees, including details of the declared weapons, etc.
- Any person found in possession of a firearm, ammunition or dangerous weapons in contravention of this Directive will be refused entry to company property, and/or arrested in accordance with the provisions of he Criminal Procedure Act, 51 of 1977 and/or any other law and/or immediately be removed from-company property.
- Any employee who has a valid personal safety concern may request an escort from the relevant company security manager (e.g. to a parking lot off premises) or other appropriate intervention by security personnel, and the appointment of such escort will be in the sole discretion of the company.
- The company reserves the right at any time and at its sole discretion to search all company property, personal vehicles, containers, briefcases, purses, packages and people entering the property, as well as lockers, desks and other areas for firearms, ammunition or dangerous weapons brought into or on company property in violation of this Directive. Employees who fail or refuse to promptly subject themselves/items/company property to a search under this Directive may be subject to disciplinary action that may result in termination of employment. In addition, the company may exercise its rights to search company property and any person thereon or therein in terms of Section 24 of the Criminal Procedure Act, 51 of 1977 and/or any other Law.
- This Directive is administered and enforced by the relevant company’s human resources (HR) departments. Anyone with questions or concerns specific to this Directive may contact the relevant company security manager.
REPORTING OF CRIMINAL ACTIVITIES
- It is expected that all employees and service providers report any criminal activities identified at all the company’s operations.
- Any information provided that will lead to a successful prosecution will be remunerated.
- Anonymous tip-offs can be provided via the company’s anonymous whistle-blower hotline:
- Cell phone (including WhatsApp): +27 72 470 0743
- Email: whistle@paf.co.za
