The department of mineral & petroleum resources is proposing hefty penalties — including fines of up to 10% of annual turnover — for mines that are found to be negligent when workers die or are injured on duty.
The Mine Health and Safety Amendment Bill — which seeks to amend the Mine Health and Safety Act of 1996 — sets down harsher penalties for negligent practices in mines that result in the death and injury of workers.
At an Impala Platinum mine in Rustenburg in November 2023, a conveyancing belt snapped, sending an elevator carrying underground miners 200m down, killing 13 and injuring 73 others. There has been a 12% regression in mine safety performance in the country, with 55 fatalities recorded in 2023, up from 49 in 2022. The highest reported number of fatalities in the past seven years was in 2017 when 88 workers lost their lives. In 2018 the deaths decreased slightly to 81, before dropping to 51 in 2019. However, in 2021 recorded mine deaths were up to 82, before dropping to 49 in 2022.
Section 92 of the Mine Health and Safety Act imposes a maximum fine of R3m on mines found to be liable for the death or injury of employees under unsafe working conditions. But the amendment bill states that an employer who is convicted of an offence related to section 86A of the Act, which imposes criminal liability on owners or managers of mines for dangerous working environments that may lead to injury or death, may be sentenced to a fine not exceeding 10% of annual turnover, imprisonment on criminal conviction, or both.
This week, some of the survivors of the accident at 11 shaft said they were living with trauma and wanted Impala Platinum to compensate them for their injuries as some may never be able to work again.
Mzolisi Mthunywa, an onsetter who was in the three-deck cage when it collapsed, said he broke his shoulder, ribs and arm in the accident. “In my life, there’s never been an accident such as this one. In the history of mining, there has not been an underground accident involving a conveyancer cage.”
He said the cage had not been fit to carry people even before the accident. “Impala (wanted) to kill us intentionally. If it was not the case, it would not have put us inside that cage”.
Matthews Makgoe, another onsetter, said his life has changed and will never be the same again. “I do not want to return to work. Mining is not safe for a person like me now that I have been injured. If anything happens, I will not be able to run to save my life.”
Jacob Moopelwa, an artisan, dislocated his left pelvis and suffered head injuries as the cage plummeted. “I am living with trauma. That thing does not come to an end. I was nearly involved in five car accidents while I was driving. It happens most of the time when I see someone I was with inside the cage walking assisted by walking sticks. If I see them, I remember everything that happened. I lose concentration. I nearly drove into someone’s car.
“Sometimes I am at work, sometimes I am at home. The company must compensate us because the accident was due to negligence. We can call it an accident, but if you have been warned before, it cannot be an accident. I am suffering due to back injuries. I cannot sleep for more than four hours ever since the accident”.
I do not want to return to work. Mining is not safe for a person like me now that I have been injured. If anything happens, I will not be able to run to save my life
Johan Theron, spokesperson for Impala, said it has been a year since the accident and they now have a better understanding of the factors that led to it. The company is now waiting for the department of mineral resources & energy (DMRE) to give direction on when an inquiry into the accident will begin.
Most employees have successfully returned to work after receiving medical and psychological care. “Some elected to return to their original jobs and some have been placed in different jobs. While the physical scars have mostly healed, we are still providing medical and psychological support to all of them. A few remain under medical treatment and functional rehabilitation; they continue to receive the very best care available and support for their families through this challenging time”.
The DMRE said on Friday it was actively monitoring the situation and ensuring all legal requirements and safety protocols are complied with. “Appropriate statutory actions were taken as part of our standard procedure following accidents of this nature, and these actions were evaluated in the context of the investigation that commenced into the shaft winding system accident.”
It said the inspectorate was also liaising with the SAPS to finalise their investigations into the accident. “According to the investigating officer, a docket will be ready to be submitted to the director of public prosecution by the end of September 2024 for their prosecutorial decision. The deadline has been moved to October by Phokeng SAPS in Rustenburg.
“Furthermore, the DMRE has and continues to engage various stakeholders and representatives on the commencement of the inquiry or joint inquiry/inquest as soon as a decision is taken by the director of public prosecutions.”
The department said a report with findings, recommendations and any remedial steps can be finalised only after the conclusion of the inquiry or inquest. “The chief inspector of mines has appointed an officer in the inspectorate, in terms of section 65 of the Mine Health and Safety Act, who must preside at an inquiry into the matter. Also, since there is a possibility for an inquest to be held, we are awaiting an appointment of the presiding officer from the department of justice”.
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