This two-part discussion will look at the social and legal history of the mining industry in Southern Africa and how these historical challenges carry a ripple effect through to the current regulatory system. Vama Jele brings the story of a mineworker into context, considering the impact of the recruitment process of migrant mineworkers, the conditions and the systemic dispensation mineworkers had(have) to live and work in.
Accompanying Mr Jele is Dr Barry Kistnasamy who will provide the governance standpoint given the legislative measures in place to manage impacts on mineworkers, shining a light on what the Department of Health is doing in South Africa and in the larger Southern African region.
Our third panellist Mr Tladi Marumo will consider AMCU v. Minister of Mineral Resources and Energy, which recently confirmed Covid-19 as an occupational health disease in terms of the Mine Health and Safety Act.
The court emphasized the heightened risk posed to mineworkers and mining communities due to the prevalence of other occupational lung diseases. This is particularly relevant in light of the recent seminal Nkala v. Harmony Gold Mining Company Limited class action. The Department of Mineral Resources and Energy consequently issued the Guidelines for the Mandatory Code of Practice on the Mitigation and Management of Covid-19 Outbreak. The discussion will consider the domestic and comparative approaches and legal implications of Covid-19 in the mining industry.
Part Two takes the context established in Part One to consider the efforts of putting class actions into practice. Has there been an effective distribution of wealth post-class action? How could we avoid history repeating itself in the current COVID-19 crisis? Join us for both parts for a better understanding of mineworkers health through the social and legal lens.
Date: Wednesday, 15 July 2020
Time: 14h00 - 15:00
