Legal Update Bulletin

Government Notice No. 1587 Government Gazette 31760 of 29 December 2008
Under regulation 11.03.2(1)(a) of the Civil Aviation Regulations, the Chairperson of the Civil Aviation Regulations Committee (CARCOM) published for comment the proposed amendments to the Civil Aviation Regulations, 1997, as set out in the schedules to the said notice. Any comments or representations on the proposed amendments should be lodged in writing with the Chairperson of the Regulations Committee, for attention Mr. Jabulane Mashinini or Mr. Herman Wildenboer, Private Bag 73 Halfway House, 1685, fax: (011) 545-1201, or e-mail at mashininij@caa.co.za or wiidenboerh@caa.co.za, before or on 23 January 2009. ...continue reading

Published in the Provincial Gazette No. 1572 dated 24 December 2008: ...continue reading

By: Liezel Hill
Published on 23rd December 2008

HAILEYBURY (miningweekly.com) – The number of people killed in South African mines declined almost 23% this year, compared with 2007, trade union Solidarity said on Tuesday. So far 168 people have lost their lives, compared with 221 last year, the union said. However, it once again criticised the government for failing to publish the results of a presidential audit on mining safety. The safety audit was commissioned a year ago and completed in August. However, the results have yet to be released by President Kgalema Motlanthe, who replaced Thabo Mbeki in September. ...continue reading

By: Mariaan Webb
Published on 17th December 2008

JOHANNESBURG (miningweekly.com) - A chairlift accident at Harmony Gold’s Tshepong operation has claimed the life of one its workers at the Free State mine, the company said on Wednesday. The accident occurred early on Tuesday, and a local inspection was completed on the same day. The Department of Minerals and Energy’s inquiry would be scheduled in due course. Spokesperson Marian van der Walt said the Tshepong mine’s output was not affected by the fatal accident. ...continue reading

Frances Board District Municipality: Published in the Provincial Gazette No. 1257 dated 15 December 2008: ...continue reading

If Bill becomes Act, it will drive away investment in South African mining, argues lawyer
By: Guy Copans
Published on 12th December 2008

The recently passed Mine Health and Safety Amendment Bill, which charges mining companies for criminal liability while simultaneously imposing administrative fines, is unconstitutional, and will drive away investment in South African mining, argues Brink Cohen Le Roux partner Willem le Roux at the LexisNexis Mine Health and Safety seminar held on November 18. “The [Amendment Bill] is absolutely ridiculous. It sends one message to people, that if one wants to conduct mining, then your head is on the line, and astronomical, draconian fines will be imposed. This does not encourage involvement and investment in South Africa,” Le Roux says. The Bill will become an Act if it is signed into law by President Kgalema Motlanthe. Le Roux argues that it should not, referring particularly to certain provisions of Section 86A of the Bill, which essentially limit the defence of a mining company in the event of any accident which causes death or serious injury, or disease. ...continue reading