Bert's Bricks (Pty) Ltd and Another v Inspector of Mines, North West Region and Others (15347/2011) [2012] ZAGPPHC 11 (9 February 2012)

Bert's Bricks (Pty) Ltd and Another v Inspector of Mines, North West Region and Others (15347/2011) [2012] ZAGPPHC 11 (9 February 2012)

The court found that the second applicant's brick making operations do not fall within the definition of a 'mine' under the Mine Health and Safety Act. The brick yard is not a borehole, excavation, or place where a mineral deposit is exploited, nor is it a 'works' as defined in the Act. Even applying the extended meaning of 'mining area' from the Mineral and Petroleum Resources Development Act, the brick yard is not covered, as no mining right or permit applies to that area. The inspectors' actions in issuing the section 54(1) notice were not supported by objective facts indicating any risk to health or safety, and their instructions were disproportionate and not properly considered. The...

Citation
[2012] ZAGPPHC 11
Parties
Applicant: Bert's Bricks (Pty) Ltd; Applicant: Explo-Clay (Pty) Ltd; Respondent: Inspector of Mines, North West Region; Respondent: Principal Inspector of Mines, North West Region; Respondent: Chief Inspector of Mines; Respondent: Director-General, Department of Mineral Resources; Respondent: Minister of Mineral Resources
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 February 2012
Case Number
15347/2011
Procedural Posture
Review Application / Unopposed Motion Court; Final Judgment
Outcome
Application granted; declaratory relief issued in favour of the applicants.
Judges
Southwood
Legal Topics
Mine Health and Safety Act, Jurisdiction of Inspectors, Declaratory Relief, Statutory Interpretation
Administrative Law Land and Property Mine Health and Safety Act Jurisdiction of Inspectors Declaratory Relief Statutory Interpretation

Case Brief

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Parties

Bert's Bricks (Pty) Ltd

Applicant

Explo-Clay (Pty) Ltd

Applicant

Inspector of Mines, North West Region

Respondent

Principal Inspector of Mines, North West Region

Respondent

Chief Inspector of Mines

Respondent

Director-General, Department of Mineral Resources

Respondent

Minister of Mineral Resources

Respondent

Procedural Posture

Review Application / Unopposed Motion Court; Final Judgment

Legal Issues

  1. 1 Whether the Mine Health and Safety Act 29 of 1996 applies to the second applicant's brick making activities and operations on Portion 100 of the Farm Harpington 461 IQ, North West Province.
  2. 2 Whether the respondents' actions in issuing a section 54(1) notice were lawful and justified.

Ratio Decidendi

The court found that the second applicant's brick making operations do not fall within the definition of a 'mine' under the Mine Health and Safety Act. The brick yard is not a borehole, excavation, or place where a mineral deposit is exploited, nor is it a 'works' as defined in the Act. Even applying the extended meaning of 'mining area' from the Mineral and Petroleum Resources Development Act, the brick yard is not covered, as no mining right or permit applies to that area. The inspectors' actions in issuing the section 54(1) notice were not supported by objective facts indicating any risk to health or safety, and their instructions were disproportionate and not properly considered. The...

Court Disposition

Application granted; declaratory relief issued in favour of the applicants.

Orders

  • It is declared that the provisions of the Mine Health and Safety Act 29 of 1996 do not apply to the second applicant's brick making activities and operations conducted on Portion 100 (a Portion of Portion 98) of the Farm Harpington 461 IQ, North West Province.
  • The respondents, jointly and severally, are ordered to pay the costs of this application, including the wasted costs of 8 December 2011.