National Union of Mineworkers (NUM) submission to the portfolio committee on minerals and energy, a briefing on accidents and fatalities in the mining industry. 14th November 2007.

 

1. INTRODUCTION

 

We appreciate this opportunity granted to us by the honorable chairperson to address this august chamber on this important matter of deaths and accidents in the mining industry.

 

The National Union of Mineworkers (NUM) organizes and is a representative union in Mining, Energy and Construction sectors of our economy. Since its inception in 1982, NUM have been in the forefront in struggles waged by the Working Class against the oppression and exploitation of man by man.

In this regard, we have not only fought against poor working conditions for our members in the mines but have vigorously raised matters pertaining to bad health and safety conditions under which our members work in this industry.

 

We have condemned and mourned the preventable deaths of workers in the mines. These accidents and fatalities occur at the height of industry’s pursuit of targets to maximize profits.

 

We will not only demonstrate the gravity of this situation but will submit formidable recommendations for the consideration of this house.

 

2. HISTORICAL BACKGROUND

 

Mining played a pivotal role in the development of the South African economy since the discovery of minerals in the 18th century. It provided the original impetus for the extensive infrastructure that currently sustains South Africa’s more economically important secondary and tertiary economic sectors.

Mining and quarrying GDP contribution has been 6.7% in 2003; 6.3% in 2004 and 6.2% in 2005. Taking into account the multiplier effects, the overall contribution of mining to GDP came closer to 16%, while both directly and indirectly, mining contributed an estimated 25% to total employment in the country.

 

 This growth is also quantified by South Africa’s aggregated primary mineral sales revenue that increased by 14% from R125.3bn in 2004 to R142.8bn in 2005. Minerals contributed R101.9bn (29.3%) to the total value of South African exports in 2005.

 

 

 

For 2006 the industry accounts for:

 

  • 18% of GDP
  • 50% + of merchandise exports
  • 1 million jobs
  • 15% of Eskom’s domestic sales
  • 93% of electricity via coal power plants
  • R1.6- trillion of the market value of the JSE
  • 37% of liquid fuels via Sasol
  • R30-billion in taxes
  • 54% of Transnet’s volume of transport
  • Total mineral sales of R195.6billion, an increase of 34%
  • Primary mineral exports increased by 33% to R140 billion
  • PGM sales increase d by 70% to R65.6 billion
  • Total gold sales R37 billion
  • 72% of total sales from PGMs gold and coal
  • 2.6% decline in diamond production, but value stayed at more than R10 billion
  • Iron ore total sales were R9.9 billion (R8.5 billion exports)
  • Nickel sales grew by 98% to R7.8 billion
  • Copper sales increased by 92% to R5 billion

 

The above illustrated growth and profit maximization in the mining industry has been characterized by the high levels of accidents and fatalities. From the early stages of mining activities in our country, workers in this industry have been exposed to occupational hazards ranging from occupationally induced diseases, accidents and deaths. Fatalities in mines have been so prevalent such that they became a norm to the extent that this industry has been and still is characterized as the killing fields within our economy. To illustrate this fact, below here we are highlighting the few recorded major disasters dating back to 1926:

 

·         125 workers were killed in 1926 in the Durban Navigation Collieries.

·         68 workers were killed in the 1938 Hlobane disaster.

·         437 workers were killed in the 1960 Coal Brook disaster.

·         177 workers were killed in the 1986 Kinross disaster.

·         20 workers were killed in the 1996 Rovic disaster.

·         20 workers were killed in the 2000/01 Beatrix disasters.

 

The numbers of people who have lost their lives in this industry within these centuries is substantially more than the above mentioned figures, given the individual workers who died weekly if not daily during this period.

 

 The nature and causes of these accidents and fatalities have long been identified by the Leon Commission of 1994 and through the subsequent investigations conducted by DME. In all these instances rock falls, rock bursts and fall of ground have been highlighted as major causes. These conditions are as results of seismic events. This condition is preventable and that relevant technology is available or it can alternatively be developed within our country particularly if industry and government took the initiative of drawing experiences from other mining countries such as Australia and Japan.

 

We submit that through early detection of seismicity, workers can be evacuated from the potentially dangerous/hazardous workplace. We can also identify seismicity prone mines. Therefore, heavy investment by the industry is required on the fields of health and safety.

3. CURRENT SITUATION

 

Almost on a daily basis there are reports throughout the media and mining journals regarding near misses, accidents and fatalities from the mines in our country. This is indicative of a crisis situation engulfing the mining industry. The irony is that the mine bosses do not seem perturbed, perhaps the reason is that more than the majority of workers who dye are Black and that Black life is cheap in this country. Given the high rate of unemployment that affect mainly Black people in this country, it is more than easy for the employers in this industry to replace those workers who died as a result of these accidents. This situation cannot be allowed to persist particularly in the face of rising profits in this industry.

 

The table below illustrates the number of fatalities and accidents per commodity per year from year 2000 to 2007:

 

Fatality rates per million hours worked 2000 - 2007*

 

 

Gold

Coal

Platinum

 Other

 

 

No. Fatals

 

2000

0.41

0.25

0.23

0.26

34

 

285

 

2001

0.45

0.17

0.25

0.28

38

 

288

 

2002

0.44

0.2

0.26

0.3

45

 

290

 

2003

0.37

0.21

0.24

0.25

41

 

270

 

2004

0.28

0.19

0.21

0.31

53

 

246

 

2005

0.30

0.13

0.15

0.17

33

 

202

 

2006

0.34

0.16

0.11

0.13

26

 

200

 

*2007

 

 

 

 

 

 

252

 

* Projected( As at September 2007)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Injury rates per million hours worked 2000 - 2007*

 

 

 

 

 

Gold

Coal

Platinum

 Other

 

 

No. Injuries

 

2000

8.46

1.68

3.24

2.59

336

 

4733

 

2001

8.35

1.56

4.07

2.87

385

 

4728

 

2002

8.32

1.59

3.19

2.37

354

 

4461

 

2003

7.70

1.75

3.00

1.83

298

 

4301

 

2004

7.37

1.81

2.91

1.88

318

 

4268

 

2005

6.85

1.48

3.54

1.62

311

 

3985

 

2006

7.02

2.05

3.75

1.30

256

 

4159

 

*2007

6.97

1.55

3.95

1.34

262

 

4179

 

* Projected

 

 

 

 

 

 

 

 

Whilst this information is not up to date because it excludes the actual figures for August, September and October this year (which are discussed separately in the ensuing paragraphs), we can conclude that about 1926 workers have been killed in this industry since year 2000 to August 2007. The staggering number of 34 814 have been injured in this industry over the same period. This translates to 9630 family members who lost bread winners and 174 070 who permanently or partially lost normal income as a result of injured bread winners.  

 

 

 

 

August 2007

 

There were 10 fatalities reported in August this year. Of these six (6) are from the Gold mining sector, two (2) are from the Platinum mines and two (2) are from the Diamond mines. Ground falls were the cause of four (4) of these fatalities, transport and mining accidents accounted for two (2) fatalities and accidents classified as general accounted for two(2) fatalities.

 

The fatal ground falls were reported in the following mines:

·         Goldfields: Driefontein Consolidated.

·         Impala: Impala platinum mine.

·         Harmony: HGM, REGM operations.

·         Amplats: RPM, Rustenburg section.

 

September 2007

 

There were 16 fatalities reported during September 2007. Of these fatalities:

·         13 were reported by gold mining sector,

·          platinum reported one (1),

·          sand mine reported one (1)

·         diamond mine reported one (1)

·          four (4) workers died in a disastrous fall of ground at Anglogold’s Mponeng mine and

·         ERPM Gold mine accounted for two (2) fatalities in separate accidents.

 

 

 

 The fatal ground falls were reported in the following mines:

 

  • Anglogold: Mponeng, Savuka and Tautona mines.
  • Goldfields: Driefontein Consolidated.
  • Simmer and Jack
  • ERPM.

 

October 2007

 

There are no statistics yet available for the month of October except the near miss in Elesrand mine where 3 200 workers were trapped underground without an immediate alternative route for more than 24 hours. This incident nearly resulted in disastrous situation and highlighted to the entire nation the unsafe conditions under which our members are required to work. Also there were two fatalities at the Kloof Mine, in the first- on the 10th, three workers died, the second- on the 30th where two workers died.

 

4. LACK OF PROSECUTION FOR NEGLIGENCE

 

The NUM is concerned with the apparent lack of legal action that must be instituted against the accounting officers who have been found to have negated their duties and or responsibilities in their employment at mining companies. The union and DME inspectorate have participated in all accident inquiries as per section 65 of the Mine Health and Safety Act of 1996. We have supported the findings and recommendations of these inquiries particularly those that call for prosecution of accounting officers who have been found to be negligent. However, as far back as year 2000 no employer has ever been prosecuted or even charged by the Directorate of Public Prosecution (DPP) any where in the country. Hence, the rising levels of accidents and fatalities. We believe that this inaction is not only limited to the mining industry, there is a huge backlog of occupational related cases that is accumulating at Nation Prosecuting Authority (NPA). The irony is that the NPA deploys huge resources in pursuit of an individual (the deputy president of the ANC) for over seven years investigating circumstances where no life has been lost or property ever been maliciously damaged, neglecting corporations and functionaries whose actions resulted in thousands of people being killed and thousands of families loosing their loved ones and livelihoods. Again these are Black lives therefore they are worthless. This constitutes traverse of justice for broader society within our country particularly workers and their families. 

 

The Constitution of the Republic of South Africa guarantees equal justice for all the people of this country. The Bill of Rights underscores this important principle. Therefore, the judicial system in this is expected to uphold these constitutional imperatives. But, thirteen years into our hard fought democracy, we still have citizens who are yearning for justice to be done and be seen to be done. Workers and their families are beginning to lose hope in justice system in our country. Increasingly it is becoming evident that poor people do not have access to justice and is seen as a preserve of those sections in our society that are wealthy and affluent. We make this submission on the basis that workers and families of deceased workers are expected to hire legal practitioners to undertake follow up on their delayed cases. Unfortunately, they cannot afford such legal expenses.

 

To further substantiate the above mentioned facts, we tabulate here below few examples of these cases that have been outstanding since year 2000:

 

 

 

 

 

 

 

Mine Health and Safety Act, 1996: section 65 accident inquiries:

File ref.

Matter

Description of matter

Status

NUM10080

Beatrix Mine Accident, 15 May 2000

Methane explosion at Beatrix Mine in 2000 resulted in the deaths of seven (7) workers.

Inquiry complete. The presiding officer found the mine to have been negligent and recommended that the mine, mine manager and other officials be charged with culpable homicide.

NUM10091

Beatrix mine accident, 8 May 2001

Methane explosion at Beatrix mine in 2001 resulted in the deaths of thirteen(13) workers

Inquiry complete. The presiding officer found the mine to have been negligent and recommended the mine, mine manager and other officials be charged with culpable homicide.

NUM10117

Coega Development Accident, 13 November 2003

A bridge collapsed while under construction in 2003 and resulted in the deaths of two (2) workers.

Inquiry complete. The presiding officer has indicated that he cannot make the report available to the affected parties until the DPP makes a decision. The DPP in the Eastern Cape advised us to obtain the report from the presiding officer.

NUM10119

Northam Platinum accident, 20 September 2004

In September 2004 a conveyer belt caught fire and resulted in the deaths of nine (9) workers. A joint inquest inquiry was held, presided over by a magistrate and an inspector of mines.

Inquest/Inquiry complete. The magistrate found the mine negligent and recommended that it be charged with culpable homicide.

NUM10131

Tau-Tona Mine Accident, 23 October 2006.

In October 2006, a seismic event of magnitude 2.0 occurred and resulted in the deaths of five (5) workers.

Evidence has been concluded. Heads of argument have been filed and the inquiry report is awaited.

NUM10135

Black Mountain Mine Accident, 18 February 2007

In February 2007, a rock fall occurred and resulted in the death of one (1) worker.

The inquiry is part-heard and should have reconvened in September 2007

NUM10136

Trans Hex Mine Richtersveld, 29 July 2007.

In July 2007, a worker died after being trapped by a moving conveyer belt.

The inquiry should have been held in October 2007.

 

Another concern is on the penalty fees imposed to the mining business, which we view as of little significance and therefore mining companies budgeting for such penalties.

 

5. RECOMMENDATIONS

 

This situation of accidents and fatalities is grave and that as a union we believe that it will continue unabated until drastic measures are taken to compel the employers in the mining to prioritize health and safety to form integral part of their business management. Following are some of the immediate measures that we recommend for Parliamentary attention and sanction:

 

·         Commissioning of research both within the country and abroad on the available technology on early detection of seismic events, preventative measures against rock fall and fall of the ground, adequate escape routes and ventilation, periodic geological inspection and adequate protective equipments. This research must be undertaken by an independent professional body/institution and report must be submitted to this chamber.

·         Legislation must be strengthened in the areas that provide for fines and imprisonment.

·         A legal provision must be made for Parliament to summons for appearance of the Chamber of Mines, Mine Houses and individual mine companies whose record of health and safety continues to deteriorate.

·         Enabling legislation to Nationalize mines that are found to be negligent and whose actions result in the deaths of workers.

·         The Chamber of Mines, Mine Houses and individual mining companies must be compelled to review the current training they offer to health and safety representatives and employees. The content and mechanisms must include guidelines on risk assessment to enable workers to detect and report hazardous conditions.

·         Parliament must pay serious attention to the skills shortage and Capacity of the mines’ inspectorate, because it compromises the spirit and the objectives of the Mine Health and Safety Act.

·         The business must demonstrate and take leadership in the skills development, for example, by increasing bursary funding at tertiary level to deal with the skill shortage.  

·         Parliament must call for detailed report from the NPA on the causes of delays in prosecution on occupational related cases and an action plan to alleviate this situation.

 

6. CONLUSSION

 

In conclusion, we once more thank this chamber for this opportunity to address you on this painful matter. We trust that we have given you the necessary information that will enable these honorable members to act and stop this carnage in our industry.

 

Given the gravity of this situation and the need to send a clear message to employers that profit maximization must not be pursued at the cost of our members’ lives, NUM have no alternative but forced to take a decision to embark on a National Strike to highlight the plight of these workers and their family members. The date for the National strike will be announced as soon as the consultation process is concluded. We intend appealing to COSATU and its affiliates for support during this difficult and painful period.

 

We Thank You.