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ILLEGAL MINING. Adv. Sandile Nogxina Director General. MHSA Provides for setting of health and safety standards. Provides for system hazard identification and risk assessment
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ILLEGAL MINING Adv. Sandile Nogxina Director General
MHSA • Provides for setting of health and safety standards. • Provides for system hazard identification and risk assessment • Section 2 places duty of care on a right holder to protect the safety and health of employees and the public from risk emanating from his or her operation. • Section 47 provides for system of State oversight of health and safety conditions at mines. • A mining area is defined as follows both in the MPRDA and the MHSA. • “Mining Area”- • (i) In relation to a mining right or a mining permit, means the area for which that right or permit is granted Mining legal framework
MHSA • Provides for setting of health and safety standards. • Provides for system hazard identification and risk assessment • Section 2 places duty of care on a right holder to protect the safety and health of employees and the public from risk emanating from his or her operation. • Section 47 provides for system of State oversight of health and safety conditions at mines. • A mining area is defined as follows both in the MPRDA and the MHSA. • “Mining Area”- • (i) In relation to a mining right or a mining permit, means the area for which that right or permit is granted Mining legal framework
Extend of Illegal Mining • Discovered for the first time in the Free State Region in 1999. • It has also been reported in Mpumalanga and some parts of the West Rand. • Death of 35 illegal miners was reported in Barberton. • Underground confrontation with security personnel and police have been reported in Barberton. • Both the community and employees will ordinarily feel threatened when illegal activities have been reported.
Departmental Initiatives • 23 illegal miners died in Free State in October 2007. • The mine inspectorate started discussions with mines and mine security personnel. • The following measures were implemented to contain the growing illegal trade. • To improve on access control; • To conduct more searches on individuals; • More involvement from the SAPS; • To increase the frequency of underground patrols and raids by security;
Departmental Initiatives • Police involvement increasing. • More underground raids by mine security with assistance of police. • In one of the raids 114 illegal miners were arrested. • The problem growing since 1999. • Mine encouraged to improve communication about illegal mining and discouraged its support. • Department met with the unions as way to encourage them talk to their members about the dangers of illegal mining and discourage support and participation by union members.
Departmental Initiatives • Given the growing concern about illegal mining activity in Welkom; the department met with the mine SAPS and Department of Justice. • Stricter sanctions for illegal access to mine property were discussed. • January 2009 another meeting between DME, SAPS and Harmony mine was arranged. • Short term security operation by police and security personnel was discussed. • The mine (Harmony) developed and implemented an action plan to contain this illicit activity. • Many illegal miners have been arrested as result of the government intervention.
Challenges with Illegal mining • High unemployment due to major mine closure in the recent years in the region fuels this unwanted activity. • Many ex-miners are involved in this activity. • Closed operations are connected with operating mines in the area complicating access control of mines. • Illegal miners stays underground for extended periods. • Mine employees are reported to be involved and supporting the illegal miners by selling bread and other consumables.
Tragic death of illegal miners • Beginning of June 2009 a fire was reportedly started by illegal miners in an non operating ARM mine. • This mine is about 10 KM from Eland-Harmony shaft. • 87 bodies of illegal miners brought to surface through the Harmony-Eland shaft. • Minister immediately went to the mine and met with mine management and unions. • Subsequently met with all stakeholders and communities groupings
Initiatives and plans • A local forum has been set up under the leadership of the Department to address issues of illegal mining. • The forum has met and has since developed an action plan. • The Minister has engaged the Minister of Police and the Minister of Justice and Constitutional Development. • Minister will raise the matter with Cabinet on Thursday.
Conclusion • Illegal mining is a criminal activity. • Threatens communities and may endanger employees. • Must be condemned in all its forms. • Stakeholder participation and cooperation is necessary. • Requires a multifaceted approach and cooperation between State Departments.
