OHS2602 ASSESSMENT 02 SEMESTER 01 2025 Occupational health and safety legislation in South Africa, particularly the Mine Health and Safety Act, 1996 (MHSA) and the Occupational Health and Safety Act 85 of 1993 (OHSA), establishes a robust legal framework

OHS2602 ASSESSMENT 02 SEMESTER 01 2025 Occupational health and safety legislation in South Africa, particularly the Mine Health and Safety Act, 1996 (MHSA) and the Occupational Health and Safety Act 85 of 1993 (OHSA), establishes a robust legal framework designed to safeguard the well-being of workers and ensure safe working environments. These statutes codify employers' obligations to maintain workplace safety, including in contexts where mines are no longer actively operated or where private parties attempt to vary statutory duties through agreements. The first part of this paper examines the ongoing legal duty of a mine employer under the MHSA where a mine is not being worked but has not yet received a closure certificate, focusing on the implications for health and safety. The second part evaluates the legality and enforceability of a private agreement between Kwamakhutha (Pty) Ltd and Zama-Impilo Workers Union, which seeks to exclude the application of the OHSA. Both questions are explored within the context of the South African constitutional and statutory hierarchy, emphasising the supremacy of public interest and non-waivable legal protections. QUESTION 1 Illegal miners (zama zamas) are found increasingly in South Africa. They work in abandoned and de-commissioned mines. As long as the owner of the mine has not obtained a closure certificate, it remains responsible for the health and safety at the mine. With reference to the above statement, discuss in full, the duty of an employer at a mine not being worked in terms of the MHSA. (10) Kwamakhutha (Pty) Ltd and Zama-Impilo Workers Union entered into an agreement with one of the conditions that the provisions of the Occupational Health and Safety Act 85 of 1993 are not applicable between them. Provide a comprehensive legal advice on the effect of this agreement on the application of Occupational Health and Safety Act 85 of 1993 at Kwamakhutha (Pty) Ltd. (10)