The Evaluation of the Protection of Mineworkers in the Workplace: An Investigative Legal Perspective

Abstract

Mining in South Africa is said to be the driving force behind the history and development of the country’s economy. For mining to operate there must be people who are employed and responsible for the duties that are carried out during mining processes. The Labour Relations Act 66 of 1995 protects mineworkers as employees. Despite this, there are still significant obstacles that mineworkers must overcome at work. Owing to the nature of their work, they are subjected to health risks and industrial injuries that occasionally result in death. The purpose of this article is to discuss the general background of mining, the constitutional rights of mineworkers, and the protection afforded to mineworkers by various legislations. Using the qualitative research method with emphasis on desktop research methodology, the authors will evaluate whether the protection provided to mineworkers by their employers and relevant legislation is sufficient. It will later provide recommendations of what can be done to improve the protection of mineworkers in the workplace. Keywords: Mining, Mineworkers, Labour Relations Act, Workplace, Constitutional Rights