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.

ENSafrica is recognised by top ranking agencies for achieving consistently high standards when working on the continent.

As Africa’s largest law firm with over 600 specialist practitioners, ENSafrica has the capacity to deliver on your business requirements across all major industries and the continent. We are able to leverage our resources to suit your pricing preferences and deliver within your timeframes.

prominent mining department, particularly renowned for its health and safety practice
Chambers Global

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

the mine health and safety team at ENS is second to none
Chambers Global

the firm is also considered the leader in mine and occupational health and safety
Legal 500

the team is extremely professional, dynamic and efficient in their conduct.
Legal 500

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.

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.

I have not experienced this level and quality of service from any other firm in 20 years
Legal 500

contact

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