Mining Weekly reports that the National Union of Mineworkers (NUM) has condemned Anglo American Platinum’s (Amplats’) “migration” from the Mine Health & Safety Act (MHSA) to the Occupational Health and Safety Act (OHSA) at some of its operations, calling it unlawful.

According to the union, Amplats began the migration process last year, seeking to exclude the Waterval Smelter, Anglo Converter Plant, Precious Refinery, Rustenburg Base Metal Refinery and Mortimer Smelter from the regulatory regime of the MHSA by moving them under the regulatory regime of the OHSA. These operations were previously under the regulatory regime of the MHSA. Amplats commented: “When Anglo American sold its mines in Rustenburg to Sibanye-Stillwater in 2016 and Siyanda in 2018, we also ceased owning any of these mining rights. However, we do still own processing operations there and, as these aren’t associated with a mining right, the applicable health and safety laws governing these operations is now the OHSA and not the MHSA.” The NUM has argued that, regardless of who owned the mining rights, the refineries and smelters remained part of mining activities as defined in the MHSA. Amplats, however, said the migration was being effected to ensure better health and safety standards. Yet, the NUM has accused Amplats of inventing the “migration process” – a concept the union claims does not exist in law. Since Amplats has not acceded to the NUM's demand to halt the migration, the union has launched an interdict application in the High Court in the hope that the migration will be declared unlawful.

• Read the full original of the report in the above regard at Mining Weekly

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