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PROVEN TRACK
RECORD
DEEP TECHNICAL
UNDERSTANDING
APPEARANCE
WORK
RENOWNED
AUTHORS
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Proven track record

ENSafrica is the only law firm in Africa with a dedicated team of Mine and Occupational Health and Safety (MOHS) specialists, and our senior practitioners have more than 60 years of combined experience.

We advise international mining houses and multinational corporates on compliance with MOHS law, including the South African Mine Health and Safety Act (MHSA), the South African Occupational Health and Safety Act (OHASA) and legislation regarding compensation for work-related deaths, injuries and diseases.

Learn more about what we offer.

What we offer

We advise on all aspects of MOHS law, including:

  • Advice on legislation relating to the mitigation and management of the spread of the Coronavirus (COVID-19) in South Africa
  • 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 personally at formal 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 in respect of MOHS matters, as well as appearing personally 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 auditing
  • 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 Energy 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 MHSA

Deep technical understanding

We are not just experts in the law: what sets us apart is our deep knowledge and understanding of mining and heavy industry, including complex technical issues such as rock engineering, geology, seismology, construction and general engineering.

We regularly comment on amendments to MOHS legislation in South Africa and have been holding in-depth annual MOHS seminars for our clients for more than 25 years.

Appearance work

We appear personally as a trusted advisor for our clients in informal investigations, formal inquiries, inquests, criminal prosecutions, civil court proceedings and dispute resolution.

This means we do not need to outsource court appearances, thereby saving you time, costs and the hassle of having to re-brief third parties.

Renowned authors

We have published the following books through LexisNexis:

  • “Mine Health and Safety Law” by Willem le Roux
  • “Occupational Health and Safety Law” by Willem le Roux and Pieter Colyn
  • “Mine Health and Safety Act 29 of 1996 and Regulations” by Willem le Roux and Pieter Colyn
  • “Mine Health and Safety Guidelines” by Willem le Roux and Pieter Colyn
  • “Commentary to the Construction Regulations, 2014” by Willem le Roux and Pieter Colyn
  • “Legal Appointment Letters in terms of the Construction Regulations, 2014” by Willem le Roux and Pieter Colyn
  • “ENSafrica Coronavirus (COVID-19) Risk Management Guide (for industries outside mining)” by Pieter Colyn, Tyla Foster, Juanita Broom and Lauren Salt (click here to read a book review by LexisNexis in BusinessBrief)

Click to discover more.

dynamic; innovative ideas; solution driven; highly skilled
Legal 500 EMEA Guide
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your team

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awards and rankings

ENSafrica is recognised by leading international ranking agencies, including Chambers Global, Legal 500, IFLR1000 and the World Tax Guide, for achieving consistently high standards.

Furthermore, the firm is a regular recipient of regional awards such as DealMakers and has received the Energy and Natural Resources Team of the Year Award at the African Legal Awards.

Chambers award Legal500 award Africa Legal Awards award Dealmakers award
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prominent mining department, particularly renowned for its health and safety practice
Chambers Global Guide
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leaders in their field
Legal 500 EMEA Guide
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ENSafrica provides a genuine full-service offering to the mining industry, with highly-specialised teams in occupational health and safety
Legal 500 EMEA Guide
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the turnaround time is excellent and the mine health and safety expertise is extremely impressive
Legal 500 EMEA Guide
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it represents an impressive number of South African and international mining houses
Legal 500 EMEA Guide
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expertise

Administrative 
law
Appeals Appearance 
work
Applications Civil 
litigation
COIDA advice Compensation 
law
Constitutional 
law
COVID‑19 
legislation
Criminal 
prosecutions
Disciplinary 
action
Dispute 
resolution
Formal 
inquiries
Formal 
investigations
Inquests Legal appointment 
letters
Legally privileged 
documents
MHSA 
advice
MOHS law 
auditing
MOHS law 
training
MOHS legal 
compliance
MOHS 
policies
ODMWA advice OHASA 
advice
Opposing 
administrative fines
Opposing 
compliance orders
Opposing 
prohibition orders
Research 
and opinions
Review 
applications
Submissions / 
representations
Written 
correspondence
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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 at a prominent mining company after an Eskom power failure prevented a large number of employees from being hoisted to surface.
INQUIRY AFTER 7 DEATHS
Investigation and accident inquiry following the deaths of seven employees at a prominent mining company following a seismic event.
INQUIRY AFTER 6 DEATHS
Investigation and accident inquiry following the deaths of six employees in an underground fire at a prominent mining company.
INQUIRY AFTER 5 DEATHS
Investigation and accident inquiry following the deaths 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.
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news

 

expertise