Flowserve Corporation and Pleuger Industries GmbH are pleased to announce an early mutual resolution to all pending legal disputes between the parties through the establishment of a cooperative commercial relationship for the foreseeable future.

Flowserve and Pleuger have agreed to focus on certain joint initiatives to drive advancements in fluid motion control solutions within the Pleuger and Flowserve product ranges.

Flowserve acknowledges Pleuger, the owner Pleuger® and AldrichTM brand of products and services, is an independent manufacturing company, with its headquarters in the United States and its center of excellence in Germany. Flowserve is the sole owner of certain technology and intellectual property for ebullator motors. Under the parties’ new commercial relationship, Pleuger will manufacture and supply those ebullator motors exclusively for Flowserve. Pleuger is also committed to support Flowserve continuously from a service perspective. This support will ensure the seamless continuation of operations and maintain the high-quality standards previously set by both Flowserve and Pleuger. In addition to the strategic supply relationship for ebullator motors, Pleuger has also appointed Flowserve as a reseller of its Pleuger® and AldrichTM branded pump products to supplement Pleuger’s independent worldwide direct sales.

By relying on each other’s strengths and respective expertise, both companies aim to provide cutting-edge technologies and efficiently deliver exceptional value to their customers worldwide efficiently.

“Pleuger now looks forward to taking their 20-year relationship with Flowserve further, based on this mutually beneficial structure,” said Anton Schneerson, CEO of Pleuger. “By working together closely, Pleuger and Flowserve aim to elevate their customer approach and jointly capitalize on their separate skill sets for the benefit of clients, employees, and stakeholders. Pleuger remains dedicated to upholding its status as an independent operation and direct supplier, ensuring exceptional standards in engineered manufacturing and service throughout this endeavor. We thank Flowserve for its cooperative and amicable spirit in resolving legal matters and solidifying a positive go-forward commercial relationship.”

The cooperation between Flowserve and Pleuger allows both parties to continue to provide excellent customer service to their clients and avoid any disruptions. This new commercial relationship heralds an exciting time for both Flowserve and Pleuger Industries as they continue to deliver top-quality solutions and services to the industries they serve.

The Catholic Bishops and the Richard Spoor attorneys have helped the sick miners to launch a class action against global mining company Anglo American Group seeking legal remedies for sick miners and the families of workers who died due to coal mine dust lung disease (CMDLD) in the form of pneumoconiosis and chronic obstructive pulmonary disease (COPD).

Filed by Richard Spoor in the High Court of South Africa, Gauteng Local Division, this application for certification of a class action seeks recourse for current and former coal miners, as well as dependents of deceased workers who contracted the illness.

The application was initiated and facilitated by the Southern African Catholic Bishops under its Justice and Peace Commission.

The Anglo American Group’s policy places an emphasis on accountability, ensuring that any breaches are met with appropriate actions in line with both Group and local laws.

Therefore, the global mining company should act on its promise to ensure the rights of its former employees are restored and that they get justice and compensation in this lifetime for the damages caused to their health while working in these mines.

As Cardinal Stephen Brislin, the Archbishop of Cape Town, and the Southern African Catholic Bishops’ Conference, who initiated the class actions said:

“The class action which is to be brought against Anglo American is an important endeavour to access the rights of previous employees who are suffering from debilitating coal dust diseases. It is incumbent on companies and employers to ensure that workers have access to protective health equipment and that they be given adequate training to ensure their safety. When companies fail to do so, reparation and compensation are essential in order to assist the affected workers to access health care, that they have sufficient funds for their livelihoods and that they are able to support their families.”

Anglo American Group

This application for certification of a class action is being brought against nine mining companies owned by the Anglo American Group, and was filed by Richard Spoor in the High Court of South Africa, Gauteng Local Division on October 18, 2023.

It follows action filed against South32, BHP Billiton PLC and Seriti Power on 15 August 2023 to bring recourse to current and former coal miners, as well as dependents of deceased workers who contracted coal mine dust lung disease (CMDLD) in the form of pneumoconiosis and chronic obstructive pulmonary disease (COPD) after exposure to coal mine dust in mines.

The Anglo American Group began mining in South Africa in 1917, and has since expanded its operations into 15 other countries. According to its social policy, the company supports ethical mining, including human rights and safety by identifying and managing social and human rights impacts and risks related to labour, security, communities, health and the environment.

Yet the legal team launching the class action has testimony from miners that indicate the opposite.

For example, applicant Ntombi Mahlangu who worked at Anglo-owned Goedehoop Coal Mine and Greenside Coal Mine between 2002 and 2008, was diagnosed with Coal Mine Dust Lung Disease in May 2023.

“I was in good health for the duration of my employment at the mines. My health began to deteriorate in recent years when I began to suffer from chest pains, coughing and sneezing,” she explained.

“My health has not returned to normal, despite my attempts at maintaining a healthy lifestyle. My chest has become very heavy and the pains have worsened. I cough and wheeze a lot. I am not on any medical treatment, I rely on over-the-counter medication to ease the coughing and sneezing,” she said.

Coal miners’ pneumoconiosis is a scarring or fibrosis of the lungs. COPD is a chronic lung disease that can be characterised by breathing difficulty and airflow limitations. Both pneumoconiosis and COPD caused by coal dust are wholly preventable diseases. Despite knowing the risks to coal miners, members of the coal mining industry failed to provide their workers with adequate training, equipment, and a safe working environment, the litigation alleges.

The claim

The applicants’ claim is based on delictual causes of action for the respondents’ wrongful breach of their duties to the mineworkers employed by them or who worked in their mines, under the common law, the applicable legislation and the Constitution of the Republic of South Africa from 1996.

The nine defendants include:

• Anglo American South Africa Limited
• Thungela Resources Limited
• South Africa Coal Operations
• Thungela Operations
• Thungela Resources Holdings
• Anglo American Inyosi Coal
• Mafube Coal Mining
• Butsanani Energy Investment Holdings
• Rietvlei Mining

This lawsuit is therefore a significant attempt to address the historical issues faced by coal miners who have unfortunately not been compensated for their hardships. If the court agrees, the legal action will involve many miners and their families, considering the sacrifices these miners have made for work.

Impala Platinum has won a protracted battle for control of miner Royal Bafokeng Platinum after bid rival Northam Platinum sold its stake.

Johannesburg-based Impala tabled an offer to acquire all outstanding RBPlat shares in January 2022, but was held back for over a year by Northam, whose intention to make a counter offer was terminated in April.

The sale of Northam’s 34.5% holding will raise Impala’s stake in the smaller platinum-group metals producer to 91%.

Shares in Northam, which said it will receive R9 billion (US$505 million) in cash and about 30 million Impala shares for the transaction, were up 8.68% at 0713 GMT.

Impala spokesperson Johan Theron said the sale “represents the best possible outcome for all parties and our focus now shifts firmly to integrating the business and delivering value for our shareholders.”

Impala now has a “clear path” to getting to 100% ownership of RBPlat, with its cash-and-shares offer open to other remaining investors, he added.

RBPlat has shallow and mechanized mines that both Northam and Impala wanted to gain control over.

RBPlat’s mines are adjacent to Impala’s own ageing, costly and deep-level shafts at the Rustenburg complex.

Citigroup analysts said the deal will remove an investor overhang and allows Impala to integrate RBPlat to its existing assets and fully realize synergies from it.

Northam said the stake sale could enable it to pay its first dividend, implement share buy backs and cut debt and offers the chance to significantly boost its balance sheet and liquidity position.

While Northam has sold the shares at a loss, the price it received for the stake is attractive due to the decline in platinum metal prices, RMB Morgan Stanley analysts said.

Northam had bought its RBPlat stake at an average price of R180 per share, but would receive R131 per share, based on Impala’s latest share price.

“We believe that Northam’s balance sheet position has been an overhang into the (platinum price) downturn. This is now largely resolved,” they said.

Since 1929, Pleuger Industries has built a reputation for manufacturing highly reliable submersible motors, pumps and dynamic positioning thruster systems in Hamburg, Germany for the water, marine and offshore, oil and gas, renewable and mining industries. Following its acquisition from Flowserve by the international investment firm Flacks Group in 2018, Pleuger® is poised to build its portfolio and meet the demand of even more customers across the globe.

Pleuger® is renowned throughout the world’s most critical industries for products designed, engineered, and manufactured to provide unparalleled reliability and outstanding longevity in challenging and harsh environments, such as vital onshore and offshore installations.

Pleuger’s brand heritage and reputation is central to everything Pleuger® does. Recently, Pleuger® learned that Flowserve Corporation has been marketing itself as the manufacturer and source of Pleuger® products, despite having sold the brand and line of business to Pleuger® several years ago.  Pleuger® has filed a lawsuit against Flowserve in the United States to stop these acts of misrepresentation and trademark infringement.

Pleuger® believes that many customers with relationships with Flowserve and its representatives are not aware that Pleuger® is the owner of the brand and the source for authorized and reliable OEM parts, service, and technical assistance for Pleuger® products. Unfortunately, Flowserve has created marketplace confusion and, in doing so, has benefited from contracts with numerous government agencies who were under the mistaken belief that Flowserve is the manufacturer and OEM service provider of Pleuger® products.

The consequences of marketplace confusion extend far beyond diminishing Pleuger’s profitability and competitiveness. These unauthorized activities, including selling generic or outdated parts or carrying out unauthorized or unsupervised modifications, adversely affect the performance and reliability of Pleuger® equipment that end users depend on. These acts in particularly impact Pleuger’s ability to fully warranty and stand behind its products.

“Pleuger has zero tolerance for infringement of our intellectual property and has and will take necessary action against any operations that undermine the trusted brand we painstakingly built for decades,” said Anton Schneerson, CEO of Pleuger®. “That reputation for quality and durability is our most valuable asset and these widespread misrepresentations and alterations to our products pose an existential threat to Pleuger.”

All customers are encouraged to protect themselves by buying directly from Pleuger® Industries or an authorized distributor to receive authentic products, full warranty coverage, and cost-effective service. Contact Pleuger® to learn more.

The decision by the Minister of Mines and Energy not to extend Deep-South Resources’ license for the Haib copper project has been overturned by the High Court of Namibia.

Although the ministry missed a deadline to register the permit’s refusal, the Canadian miner won its struggle to extend the company’s prospecting license for the Haib project with the decision.

In June 2021, Deep-South’s license was not renewed by Minister Tom Alweendo because of the Vancouver-based company’s incapacity to proceed to the prefeasibility stage and complete the proposed drilling programme on schedule.

Deep-South brought the dispute before the Namibian High Court which ordered that until further consideration, no licences could be issued over the same area.

Deep-South spent more than C$2 million on the project between April 2017 and April 2021, which included an updated preliminary economic study. The miner has also suggested a feasibility study at C$7.1 million and a pilot plant worth C$25.5 million. In 2017, the business purchased the remaining portion of the project from one of its major shareholders, Teck Resources.

Using a US$3 per pound copper price and a 24-year life-of-mine with annual production of 35,332 tonnes of copper cathode and 51,080 tonnes of copper sulphate, the updated preliminary economic assessment from December estimated Haib’s after-tax present value at US$957 million with an internal rate of return of nearly 30%.

The result of the most recent order is that the minister must restart the application process for license renewal and make a new judgment. The court pointed out that in making its decision, it should not have disregarded the evidence provided by Deep-South subsidiary, Haib Minerals.

According to the verdict, the Minister and Mining Commissioner did not take into account Deep-South’s significant financial commitments to the development of a low-grade deposit.

The court concluded that they failed to assess how the Covid 19 epidemic affected the exploration programme. Additionally, the Ministry was mandated by the court to cover Haib Minerals’ legal expenses.

“This is a very favourable decision, and we are sure that we can establish a new positive working relation with the Minister and the new Mining Commissioner,” Deep-South Chief Executive, Pierre Leveille said in a statement. “It is also a significant ruling for Namibia since it demonstrates that the rule of law is upheld there. Our Board of Directors would like to thank our shareholders for their strong support over all that difficult period.“

The Minister and the Mining Commissioner have the right to appeal the judgement in the Supreme Court of Namibia, Deep-South said. If they decide to lodge an appeal, the request shall be filed within 21 court days from the date of the judgement, 10 March 2023.

Zambia has agreed with Vedanta Resources Limited to pause hearings on their dispute over Konkola Copper Mines for six months and seek an “amicable settlement”, state mining investment firm ZCCM-IH said on Tuesday.

Zambia in May 2019 handed control of KCM to a state-appointed provisional liquidator, triggering a protracted legal battle with owner Vedanta. Zambia’s mines minister said in July that he had told ZCCM-IH to seek an out-of-court settlement.