Parliament, Saturday, 2 May 2020 – The Chairpersons of the Portfolio Committee on Mineral Resources and Energy, and the Select Committee on Land Reform, Environment, Mineral Resources and Energy, Mr Sahlulele Luzipo and Ms Tebogo Modise, noted with keen interest media reports about the Labour Court judgement which directed the Department of Mineral Resources and Energy (DMRE) to publish in government gazette the Covid-19 health and safety guidelines in terms of the Mine Health and Safety Act.
Although, according to media reports, the judgement was issued after an urgent application by the organised labour, the Chairpersons are of the view that there are no winners and losers on the case. According to them, the judgement only serves to create certainty on the procedure and explicit process that needs to be followed in developing minimum operating standards from the employer and regulator’s point of view.
Mr Luzipo and Ms Modise welcomed the judgement in the spirit of the doctrine of the separation of powers, which grants the judiciary a Constructional obligation to adjudicate independently on matters of dispute.
The Chairpersons feel vindicated for calling on the organised labour, in their message to workers on Workers’ Day, to guard against circumstances where mine workers would be made to work under conditions that expose them to the risk of contracting coronavirus.
Furthermore, they also believe that the judgement was consistent with their message of calling for a close cooperation among social partners during this time of the pandemic.
Mr Luzipo and Ms Modise called on the department as a final determinant and responsible authority in the industry, to initiate, as soon as possible, a broad consultative process with social partners to develop the guidelines as directed by the judgement.
Finally, they reiterated that binding health and safety guidelines are more important and urgent now than ever before, because open cast mines will operate at full scale under level 4 lockdown.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON MINERAL RESOURCES AND ENERGY, MR SAHLULELE LUZIPO, AND CHAIRPERSON OF THE SELECT COMMITTEE ON LAND REFORM, ENVIRONMENT, MINERAL RESOURCES AND ENERGY, MS TEBOGO MODISE
For media enquiries or interviews with the Chairpersons, please contact the Committee’s Media Officer:
Name: Mr Justice Molafo
Tel: 021 403 8444
Cell: 081 424 7481
Email: jmolafo@parliament.gov.za
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