Invitation for Public Comments/Written Representations on South Africa’s Draft Mine Health and Safety Amendment Bill, 2022

On Wednesday, 15 June 2022, Notice No.1086 was published in Government Gazette No. 46546, in terms of which the Minister of Mineral Resources and Energy invited interested and affected parties to submit public comments/written representations on the Draft Mine Health and Safety Amendment Bill, 2022 (“the Draft Bill”).

The Draft Bill provides that the following is intended:

“To amend the Mine Health and Safety Act, 1996, so as to streamline administrative processes; to strengthen enforcement provisions; to reinforce offences and penalties; to amend certain definitions; and provide for matters connected therein.”

The Draft Bill provides for, amongst others, the following proposed amendments, insertions, additions and/or deletions in relation to relevant provisions of the Mine Health and Safety Act, 29 of 1996 (“the MHSA”):

insertion of a new section 2B of the MHSA, relating to the appointment and responsibilities of a Chief Executive Officer (“CEO”);
amendments to section 10 of the MHSA, dealing with the provision of health and safety training;
amendments to section 12 of the MHSA, and the provision for so-called “mine environmental engineering and occupational hygiene services” at a mine;
amendments to section 13 of the MHSA and the insertion of a new section 13A of the MHSA, in relation to the engagement and duties of the Occupational Medical Practitioner and Occupational Health Practitioner(s);
amendments to section 54 of the MHSA, relating to an inspector’s powers to deal with dangerous conditions; and
insertion of a new section 86A of the MHSA, dealing with commission of offences by an employer and the imposition of liability on the employer for offences committed by a CEO, manager, agent or employee concerned.

Interested and affected parties must mark such representations for the attention of Ms Stella Mamogale and must be sent, on or before Friday, 29 July 2022, to one of the following addresses:

email: Representations@dmre.gov.za
hand-deliver: 70 Meintjies Street, Sunnyside, 0001
post: Private Bag X59, Arcadia, 0007

Click here to view a copy of the notice and a copy of the Draft Bill.

For more information, please contact:

Willem le Roux
Mine and Occupational Health and Safety | Executive Consultant
wleroux@ENSafrica.com

Pieter Colyn
Mine and Occupational Health and Safety | Executive
pcolyn@ENSafrica.com

Celeste Coles
Mine and Occupational Health and Safety | Executive
ccoles@ENSafrica.com

Warren Hendricks
Mine and Occupational Health and Safety | Executive
whendricks@ENSafrica.com

Tyla Foster
Mine and Occupational Health and Safety | Executive
tfoster@ENSafrica.com

Gerhardt Ehlers
Mine and Occupational Health and Safety | Executive
gehlers@ENSafrica.com

Juanita Broom
Mine and Occupational Health and Safety | Executive
jbroom@ENSafrica.com

Cindy-Lee Bekeer
Mine and Occupational Health and Safety | Senior Associate
cbekeer@ENSafrica.com

Darryn Jacobus
Mine and Occupational Health and Safety | Senior Associate
djacobus@ENSafrica.com

Bianca Siemens
Mine and Occupational Health and Safety | Senior Associate
bsiemens@ENSafrica.com