Issued by: Chamber of Mines
DRAFT MINE SAFETY BILL HEARINGS THIS WEEK - CHAMBER SUBMISSION
Mining employers are optimistic that the new draft Mine Health and Safety Bill due to be considered by the Parliamentary Portfolio Committee on Mineral and Energy Affairs this week has potential to bring about improvements in mine safety and health, provided certain points of difference are wisely resolved.
In a submission to the committee on Friday, employers warned that the collective effect of certain provisions - and the absence of others - could render important aspects of the Bill impractical, and that these mitigated against the achievement of improvements in mine health and safety which the proposed new legislation seeks to effect.
The employers, who include members of the Chamber of Mines and other mining companies collectively employing about 95% of the 595 000 workers on SA mines, had accepted at the outset of the process that the parliamentary portfolio committee would be the correct forum to resolve any outstanding issues between negotiating partners, and will present their views to the committee this week.
Employers stressed that the draft Bill was the product of intensive tripartite negotiations and that, while the bulk of its provisions reflected areas of agreement between employers, labour and the government mining engineer's department, certain important aspects remained unresolved.
These included, among others, deprivation of access to the Supreme Court; the inability of courts to suspend an inspector's order on an urgent appeal prior to court hearing, even when justified; and inconsistent application of requirements that mine managers take "reasonable practicable" safety measures.
Employers also strongly believe that, in relation to the responsibilities of mine owners and managers, the inclusion in the Bill of a provision based on the concept of being guilty until proven innocent is unconstitutional, contrary to a fundamental principle of democratic society and was unacceptable.
Issued by Mr AT du Plessis, President of the Chamber of Mines
For further information, please call: Llewellyn Kriel
Communication Manager: Media Chamber of Mines of South Africa
on Office: (JHB) 498-7316 Home: (011) 807-6193 Pager: (011) 650-5050 Code: LK25 Fax number: (011) 838-4251 (office ) E-Mail lkriel@bullion.org.za 10 March 1996