ENSafrica is the only law firm in Africa with a dedicated mine and occupational health and safety (MOHS) team, and our senior practitioners have more than 60 years of combined experience in advising international mining houses and multinational corporates on compliance with MOHS law.

We have deep expertise in a wide range of MOHS legal work related to the mining, heavy construction / manufacturing and engineering industries in South Africa, including compensatory and civil (delictual) damages claims.

We provide advice to clients inside and outside the mining industry, including regarding the South African Mine Health and Safety Act 1996 (MHSA), the South African Occupational Health and Safety Act 1993 (OHASA) and legislation dealing with compensation for work-related deaths, injuries and diseases.

Our key differentiator is our ability and capacity to manage matters from start to finish, with our MOHS practitioners appearing personally in informal investigations, formal inquiries, inquests and criminal prosecutions, as well as dealing with civil court proceedings and dispute resolution.

We also have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent. ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

We also have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent. ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

ENSafrica provides a full-service offering to the mining industry... it is the best, according to one client
Legal 500 2018

what we offer

We advise on all aspects of MOHS law, including:

  • advice on legislation for compensation for work-related deaths, injuries and diseases, such as the South African Occupational Diseases in Mines and Works Act 1973 and the South African Compensation for Occupational Injuries and Diseases Act 1993
  • appeals to the Chief Inspector and appeals and/or review applications to the South African Courts relating to MOHS matters
  • appearing in informal investigations, formal inquiries, inquests, criminal prosecutions and applications for compensation relating to MOHS
  • applications for exemption from the provisions of the South African Mine Health and Safety Act 1996 (MHSA) and the South African Occupational Health and Safety Act 1993 (OHASA)
  • civil litigation and dispute resolution in respect of MOHS matters
  • disciplinary and other action taken in respect of MOHS matters, as well as appearing in relation to disputes in these types of matters
  • due diligence investigations and legal compliance audits pertaining to MOHS law
  • labour policy alignment with regard to MOHS obligations
  • legally required appointment letters in terms of the MHSA and the OHASA
  • MOHS law training
  • representations in opposition to prohibition (including closure) and compliance orders issued in terms of the MHSA and the OHASA
  • representations on proposed amendments to MOHS law, including legislation for compensation for work-related deaths, injuries and diseases
  • research and opinions on new developments in MOHS law
  • statutory and regulatory compliance in terms of the MHSA and the OHASA, and preparation of legally privileged documentation
  • support on administrative and constitutional law issues applicable to MOHS matters
  • written correspondence, representations and submissions to the South African Department of Mineral Resources and the South African Department of Labour
  • written representations following recommendations to impose administrative fines in terms of the MHSA
  • written representations following recommendations to suspend or cancel certificates of competency in terms of the MHS
frequently advises local and overseas mining clients on acquisitions, divestitures and regulatory compliance, and remains especially well regarded for its mining health and safety practice
Chambers Global 2018
Interviewees value the firm’s deep bench and remarkable work capacity. They say: What I like about ENS is that they have some serious pace. They can get work done quickly.
Chambers Global 2018
from mining and prospecting rights to health and safety and M&A, the firm is deeply committed to natural resources
Legal 500 2018

experiENS

CLASS ACTION
Representation of a prominent mining company and settlement in South Africa’s largest ever class action brought against 32 mining companies by approximately half a million employees who had contracted silicosis and/or tuberculosis.
ACCIDENT INQUIRY
Inquiry following a bridge collapse accident in Johannesburg.
INVESTIGATION AFTER POWER FAILURE
Investigation after an Eskom power failure prevented a large number of employees from being hoisted to surface at a prominent mining company.
INVESTIGATION AFTER 7 DEATHS
Investigation and accident inquiry following the death of seven employees at a prominent mining company following a seismic event.
INVESTIGATION AFTER 6 DEATHS
Investigation and accident inquiry following the death of six employees in an underground fire at a prominent mining company.
INVESTIGATION AFTER 5 DEATHS
Investigation and accident inquiry following the death of five employees in a ventilation-related accident at a prominent mining company.
INVESTIGATIONS AND INQUIRIES
Investigations and inquiries into fatalities, injuries, diseases and dangerous occurrences at various prominent companies, inside and outside of the mining industry.
COMMENT ON AMENDMENTS
Comment on amendments to the South African Occupational Diseases in Mines and Works Act and the South African Compensation for Occupational Injuries and Diseases Act.
CRIMINAL MATTERS
Criminal matters and inquests in relation to MOHS matters, representing prominent companies, inside and outside of the mining industry (including their management personnel).
DUE DILIGENCE
Due diligence investigations and legal compliance audits in relation to MOHS law for prominent companies, inside and outside of the mining industry.
prominent mining department recognised for its handling of diverse transactional mandates
Chambers Global 2018

contact

Willem le Roux

executive consultant
+27 82 772 5267
wleroux@ENSafrica.com

Pieter Colyn

executive
+27 83 327 2474
pcolyn@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications