Aurora Gold Mine is seeking to attach the assets of a lawyer, John [Johan] Walker, who had been tasked with recovering assets belonging to the company and who allegedly failed to hand over R16m he had already collected on behalf of the mine.
This comes as 475 ex-mineworkers of the Germiston mine in Ekurhuleni, who have been waiting decades for their payouts, remain in limbo as a legal battle continues over funds owed to them.
The mine, once owned by Khulubuse Zuma, the nephew of former president Jacob Zuma, and Zondwa Mandela, Nelson Mandela’s grandson, collapsed, leaving more than 5,000 workers destitute.
While about 300 employees represented by the Solidarity union have received payments, the majority have been left penniless.
Aurora’s attorney Kim Warren said the liquidators had applied to the North Gauteng High Court in Pretoria for a warrant of execution to attach Walker’s movable assets.
“It is apparent that the liquidators are not in a position to account for the balance of the funds as Mr Walker has not paid the amounts over to the estate. The current proceedings are directed at recovering R16,024,000,” Warren said.
She said the move followed a Supreme Court of Appeal ruling, which confirmed that all funds collected by Walker were for the benefit of Aurora and must be paid over to the estate.
“The court expressly held that the funds recovered by Mr Walker must be transferred to Aurora,” she said.
According to Warren, a debatement process between Walker and the liquidators was concluded, where it was agreed that more than R16m collected on behalf of Aurora had not been paid over.
However, Walker launched an urgent interdict in April to halt the attaching of his assets.
In his affidavit, Walker argues that the warrant of execution is premature and that the legal process has not been fully concluded.
“On the contrary, the order contemplates a sequenced process in which the accounts are first furnished, then debated, and only thereafter, and only in respect of amounts found to be due upon debatement, does an obligation to pay arise,” he said.
Walker further maintains that issuing a warrant before debatement bypasses the court-approved process.
“The issuance of, or execution upon a warrant before completion of debatement would accordingly bypass the very process by which the alleged indebtedness is to be tested, agreed, or judicially determined,” he said.
“It would short circuit the mechanism expressly preserved by paragraph 4 of the order for the adjudication of disputed items.”
He said disputed items arising from the debatement process must still be resolved, and that execution before this would “short-circuit the mechanism” by the court order.
Warren acknowledged that delays in finalising the liquidation had affected creditors, including former mineworkers who have been waiting years for payment.
“It is self-evident that delays in the recovery of funds, including the failure by Mr Walker to account and pay over amounts due, have had an adverse impact on all creditors of the estate, including former employees,” she said.
She said it remains unclear how much each claimant will receive, as this depends on the successful recovery of the outstanding funds and the finalisation of the liquidation and distribution account.
“At this stage, the liquidators are not in a position to assess the precise impact of the delays,” she said.
Meanwhile, the Legal Practice Council confirmed it was dealing with a complaint against Walker, not related to the Aurora mine, which was lodged in December 2025.
“The complaint relates to a failure to conduct himself as an officer of the court in a civil matter,” said spokesperson Kabelo Letebele.
Letebele said the allegations stem from Walker allegedly unlawfully charging fees.
“Allegations are that the attorney is unlawfully charging fees, acted in a conflict of interest in a divorce matter and that he was not in possession of a valid FFC during the period he was involved in the matter,” he said, adding that the matter was still pending in court.
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