Deaths of illegal miners at Harmony Mine & preparation for Budget Vote

NCOP Economic and Business Development

08 June 2009
Chairperson: Mr M Adams (ANC)
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Meeting Summary

The meeting focused upon the recent deaths of illegal miners at Harmony Mine in Welkom and the responsibility of this Committee in terms of exercising its oversight function. The Chairperson expressed great concern at the deaths of illegal miners, and said that the Committee must decide whether to address the matter by means of regulation or perhaps insist upon stricter enforcement of existing legislation by the Department of Minerals and Energy. He further suggested that the Minister of Mining should be invited to the next meeting of the Committee. Members, after discussion, agreed that it would be wise to gather information at the Harmony mine where the incident had taken place, before meeting with the Minister. Matters such as who bore the responsibility for security of closed mine-shafts should be addressed, and other role-players should also be consulted after the Committee had gathered its own information first-hand. Members would pay a visit to the mine on the following Friday. 

Members also agreed that this Committee should have input into the presentations currently being made by the National Energy Regulator of South Africa, as these would form the background to other economic development decisions.

Meeting report

Harmony Welkom Mine: Recent deaths of illegal miners
The Chairperson noted that the Members must discuss the recent deaths of illegal miners at the Harmony Mine in Welkom, and the responsibility of this Committee in terms of exercising its oversight function. He expressed great concern at the recent deaths of illegal miners. He asked Members to consider whether this matter should be addressed by regulation, or whether there was rather a need for stricter enforcement of existing legislation by the Department responsible for mining. He further suggested that the Minister of Mining should be invited to the next meeting of the Committee.

Discussion
Mr B Mnguni (ANC) stated that as he came from the Welkom area he was well aware of the current problem and the difficulties of enforcing legislation against illegal miners. However, such legislation did at least offer some clarity on the responsibilities and duties of mine owners when a mine had been closed. He suggested that it would be valuable for the Committee to have a meeting with representatives of the Department, in order to be fully apprised of the current legislation surrounding mining and closed mines in particular.

Ms E van Lingen (DA) shared the concerns and deep sympathy of the other members around the deaths of illegal miners. She questioned how it would be possible to legislate for any situation involving illegal miners, since their activities were taking place outside the bounds of the law. She asked if enforcement of existing laws was not rather the problem, and said that the Department needed to give clarity on this issue.

The Chairperson affirmed that he would invite the Department to brief the Committee. However, since lives had been lost, the issue must be addressed speedily.

Mr K Sinclair (ANC) gave his opinion that as the policing of disused mines was of paramount importance the South African Police Service (SAPS) should also attended a future meeting of the Committee.

Mr A Nyambi (ANC) asked whether it would not be prudent for the Committee to visit the mine and gather information before it met with the Department.

Mr M Maine (ANC) clarified the concept of “illegal miners”. He explained that they were typically former miners or people with inside knowledge into the workings of the mines, who would often be able to procure explosives through contacts with existing mine workers. Accidents were never reported by the so-called zama-zamas, but if there had been deaths, because of the fact that the bodies would decompose and could not remain underground, then the illegal miners would be compelled to call the mine authorities to help remove the bodies.

Mr Maine added that since the security guards in the mines were often corrupt it would only be possible to police the mines effectively in conjunction with the SAPS. This was problematic firstly since the mines were privately owned, and secondly since the Occupational Health and Safety Act governed working mines, not closed mines. He was of the opinion that any new legislation should focus on closed mines and consideration should perhaps be given to sealing them off completely.

Mr D Gamede (ANC) believed that this Committee did not have the jurisdiction to require attendance from the SAPS. He suggested that the Minister of Mining must be invited to brief the Committee before it took further decisions.

Mr D Bloem (COPE), attending in place of Mr D Feldman, suggested that it would be better for the Committee Members to obtain first hand information before requesting the Minister to attend a session.

Ms van Lingen said that in view of the time constraints imposed by upcoming public holidays and other interruptions to the Committee programme it was necessary to expedite the process on this issue. She suggested that there must surely be existing legislation covering a closed mine.

Mr Maine agreed with Mr Bloem that the Committee should be proactive, and obtain its own information.

The Chairperson asked the Committee to consider the two proposals; whether firstly to visit the mine, and whether to meet with the Minister. He personally would support a visit so Members could begin formulating answers to the problem, and suggested that this take place the following week; Members could leave Parliament on Thursday after the caucus meetings of their respective parties and then spend the Friday at the mine.

Mr Sinclair supported this idea as being eminently practical, and there was general agreement from the other members that this would be suitable.

The Chairperson undertook to make application to the mine authorities for permission for the visit and undertook to confirm with Members.

Mr Mnguni suggested that it would be fruitful to visit the mine hostels as well to gain other perspectives on the situation from those who were at the mine. The hostels were only ten kilometres from the mine, so this would not pose a logistical problem.

Mr Sinclair asked that the SC be supplied with documentation detailing existing research on mine accidents and illegal mining, so that some kind of framework for further interaction could be provided.

Mr Nyambi asked that the information provided be wide-ranging, pointing out that there were many other areas of illegal mining in the country not limited to the Welkom area.

Mr Gamede asked how permission would be obtained from Harmony Gold, which he understood to be a private company.

The Chairperson indicated that he would simply seek permission from the management of the mine.

Budget Votes in the areas of Mining, Energy and Economic Development: Preparation
The Chairperson stated that the Committee should start preparing for a budget vote in the areas over which it had oversight, being mining, energy and Economic Development. He expressed the view that a workshop should be held with the three relevant ministries so that the Committee could equip itself to perform its oversight role effectively.

National Energy Regulator matters
Mr Sinclair believed that the Committee must in some way be involved in the presentations currently being made to the National Energy Regulator of South Africa (NERSA), as this was a pressing matter.

Ms van Lingen agreed, saying that the energy needs of the country would be in the background of all decisions taken in terms of economic development.

Mr Mnguni expressed the general mood of support for this idea. He also asked whether it would be possible for Members to have a database of all current legislation relevant to the Committee.

The Chairperson indicated that there was currently no researcher available for the Committee, but all Members had a list of support staff.

The meeting was adjourned.


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