Webber Wentzel's Mining Sector Round Up 2024

OHSA V MHSA | The legal impasse on what constitutes a mine

Position confirmed in Labour Court in UASA v Anglo American and others

NB This matter also confirms that LC has jurisdiction and not HC. Smelters and refineries that are separate to mines, and not on a mining area of an employer are not " mines " for purposes of the MHSA

HC in recent judgment TC Smelters and

Will always be a factual assessment Not simply a broad-brush approach to MHSA application because of a mining right in the vicinity

another v Minister DMRE and others

Applied the same factors but in that matter on the facts found the smelter was part of the mine. The matter is on appeal to the SCA

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