| Summary: | The South African mining industry has become known to be an important contributor
to the South African economy. Subsequently, the closure of mines due to various
reasons has resulted in major economic losses for mines. This study's aim is to
investigate the mine closures caused by the regulatory body, namely the Department
of Mineral Resources via the enforcement of the Mine Health and Safety Act (MHSA)
by the Mine Health and Safety Inspectorate. The Mine Health and Safety Inspectorate
has wide discretionary powers that enables them to close a mine or part thereof, often
inconsistently or unfounded which may result in economic and other losses. The
closure of mines due to compliance issues, known as section 54 stoppages, has
caused a fiery debate and controversy within the mining industry due to the
inconsistent issuing of such compliance orders. It resulted in the closure of mines for
certain periods of times. The South African courts have been approached to interpret
section 54, but it appears that there are still challenges remaining. Whilst the
legislation in place is based on the duty posed on the employer to provide a workplace
that is safe and without risk to the employee, the manner in which the legislative
provisions are enforced, specifically the closures of or part of a mine, has to be
investigated, the root problem/s identified and addressed. This study compares the
enforcement measures of the MHSA with that of the Occupational Health and Safety
Act and the National Environmental Management Act in order to make
recommendations the more effective and efficient enforcement of section 54. === LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015
|
|---|
