ARTICLE · 17 NOVEMBER 2016

Mine Closure Orders – Important Labour Court Judgment

ENS

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ENSafrica's MOHS department recently represented AngloGold Ashanti Limited in a South African Labour Court case, which has culminated in a judgment that sets out important legal principles and requirements.

South AfricaEmployment and HR

Warren Hendricks

Gerhardt Ehlers

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ENSafrica's MOHS department recently represented AngloGold Ashanti Limited in a South African Labour Court case, which has culminated in a judgment that sets out important legal principles and requirements. These relate to the instructions issued by Inspectors of Mines in terms of section 54 of the Mine Health and Safety Act, 1996 (the "Act"). ENSafrica's Willem le Roux was the lead attorney in obtaining the judgment, which was handed down by the Labour Court in Johannesburg on 4 November 2016.

The important legal principles and requirements stipulated by the court in this judgment are as follows:

an inspector may only close an entire mine if he/she has objective reason to believe that occurrences and conditions that he/she has identified endangered, or may endanger, the health and safety of any person at the mine, and not only of a portion of the mine.

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