The Association of Mineworkers and Construction Union (Amcu) has backed off the urgency of its court case to force the state to rescind 129 mines’ lockdown exemptions, launching instead a second case to force the regulation of health and safety processes for hundreds of thousands of miners returning to work.
Amcu is at the forefront of an organised labour pushback against the relaxing of national lockdown regulations for the mining sector, allowing it to return to 50% of capacity during the shutdown, expected to be lifted at the end of April.
In the first of two court processes, Amcu stepped back from the urgency of its application lodged in the high court to compel mineral resources and energy minister Gwede Mantashe to set aside the exemption of 129 mining companies from lockdown regulations as part of essential services to the country.
Amcu argued in its papers that the department had acted outside its powers in allowing the exemptions granted to these companies on April 8.
The Minerals Council SA, which was named as one of the respondents, pointed out that 72 of the companies Amcu had named were not members of the industry’s representative body.
It argued that Amcu’s case was moot because of amendments to the regulations made on April 16, meaning the outcomes sought by the union would have “no practical effect and the application stands to be dismissed on this basis alone.”
Regulatory developments have overtaken the case after Mantashe on April 16 unveiled amendments to the regulations, allowing for a return of all mines to 50% of capacity during the lockdown period under strict controls monitored by departmental health inspectors. This means more than 200,000 out of a 450,000-strong workforce returning to mines for screening, testing and equipping with protective gear.
“Since these amended regulations have now become law, we have urged our members to comply but reminded them of their right to refuse to work in dangerous conditions,” Mathunjwa said on Tuesday.
Amcu made a strong appeal in its application for the department to involve “all affected parties” using technology in the lockdown period to ensure all unions were consulted on directives from the department on ramping up production.
Amcu was also approaching the labour court to seek an order for Mantashe or the chief inspector of mines to issue and gazette binding regulations about the return of mineworkers and how they should be screened, tested, isolated, quarantined and to be kept safe at work with proper protective gear and social distancing.
“While the union is supportive of a return to work and ramping up production, it will not support such if the safety of its members are not guaranteed by national minimum standards,” said Mathunjwa, pointing out workers had a history of pulmonary diseases in mining and they were vulnerable to Covid-19 infection.
“While some mining companies may well take good measures, it is not enough for the minister to rely on all companies’ voluntary goodwill. This is reckless and will endanger the lives of many,” he said.
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