The Evaluation of the Protection of Mineworkers in the Workplace: An Investigative Legal Perspective
Sandisiwe Mntwelizwe 
& Paul S. Masumbe
Issue: Vol.5 No.11 Issue Article 15 pp. 1809-1816
DOI: https://doi.org/10.38159/ehass.202451115 | Published online 11th September, 2024
© 2024 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
Mining in South Africa is said to be the driving force behind the history and development of the country’s economy. For mining to operate there must be people who are employed and responsible for the duties that are carried out during mining processes. The Labour Relations Act 66 of 1995 protects mineworkers as employees. Despite this, there are still significant obstacles that mineworkers must overcome at work. Owing to the nature of their work, they are subjected to health risks and industrial injuries that occasionally result in death. The purpose of this article is to discuss the general background of mining, the constitutional rights of mineworkers, and the protection afforded to mineworkers by various legislations. Using the qualitative research method with emphasis on desktop research methodology, the authors will evaluate whether the protection provided to mineworkers by their employers and relevant legislation is sufficient. It will later provide recommendations of what can be done to improve the protection of mineworkers in the workplace.
Keywords: Mining, Mineworkers, Labour Relations Act, Workplace, Constitutional Rights
CASE LAW
Bongani Nkala and 65 Others v Harmoney Gold Mining Limited and 31 Others 2016 (5) SA 240 (GJ) (13 May 2016).
Kruger v Charlton Paper of South Africa (Pty) Ltd 2002 (2) SA 335 SCA
Van Deventer v Workmen’s Compensation Commissioner 1962 (4) SA 28 T at 31B.
LEGISLATION
Environmental Conservation Act 73 of 1989
The Constitution of the Republic of South Africa, 1996.
Labour Relations Act 66 of 1995.
Mineral and Petroleum Resources Development Act 28 of 2002 Act 28 of 2002
Mineral Act 50 of 1991.
Mine Health and Safety Act 26 of 1996.
National Environmental Management Act 107 of 1998.
Occupational Health and Safety Act 85 of 1993.
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Sandisiwe Mntwelizwe is an LLD Candidate at the University of Free State, an admitted attorney of the High Court of South Africa, and a lecturer, School of Law, Faculty of Law, Humanities and Social Sciences, Walter Sisulu University. Her research interests include areas in Mercantile law with specialisation in Labour Law.
Paul S. Masumbe (LLD) is a Senior Lecturer and Research Supervisor, School of Law, and Chairperson, Faculty Research & Higher Degrees Committee (FRHDC), Faculty of Law, Humanities and Social Sciences, Walter Sisulu University. He is external examiner for masters and doctoral degrees in law at various universities and a reviewer of journals. His research interests include International Criminal Law, Human Rights Law, Labour Law with emphasis on dismissal, and selected areas of Private Law.
Mntwelizwe, Sandisiwe & Paul S. Masumbe. “The Evaluation of the Protection of Mineworkers in the Workplace: An Investigative Legal Perspective,” E-Journal of Humanities, Arts and Social Sciences 5, no.11 (2024): 1809-1816. https://doi.org/10.38159/ehass.202451115
© 2024 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
