TC Smelters (Pty) Ltd and Another v Minister: Department of Mineral Resources and Energy and Others (006097/2022) [2024] ZAGPPHC 493 (23 May 2024)

TC Smelters (Pty) Ltd and Another v Minister: Department of Mineral Resources and Energy and Others (006097/2022) [2024] ZAGPPHC 493 (23 May 2024)

The court found that the applicants' smelting operations are not sufficiently distinct from mining activities to fall outside the ambit of the Mine Health and Safety Act. The separation agreement explicitly envisaged joint operations and compliance with the MHSA, including the appointment of a CEO responsible for health and safety under the Act. The applicants failed to pursue the statutory exemption process under section 79 of the MHSA and instead sought a declaratory order from the court, which is not the appropriate procedure. The court held that the proper avenue for challenging administrative action is a review under PAJA. The evidence did not support the applicants' contention that...

Citation
[2024] ZAGPPHC 493
Parties
Applicant: TC Smelters (Pty) Ltd; Applicant: Samancor Chrome Limited; Respondent: Minister: Department of Mineral Resources and Energy; Respondent: Chief Inspector of Mines: Department of Mineral Resources and Energy; Respondent: Principal Inspector of Mines: North-West Region; Respondent: Minister of Employment and Labour N.O.; Respondent: Chief Inspector: Department of Employment and Labour; Respondent: National Union of Metal Workers of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 May 2024
Case Number
006097/2022
Procedural Posture
Declaratory Application / Judgment
Outcome
Application dismissed with costs.
Judges
Nyathi
Legal Topics
Mine Health and Safety Act, Occupational Health and Safety Act, Statutory Interpretation, Exemption Application, Non Joinder, Promotion of Administrative Justice Act
Administrative Law Labour Law Mine Health and Safety Act Occupational Health and Safety Act Statutory Interpretation Exemption Application Non Joinder Promotion of Administrative Justice Act

Case Brief

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Parties

TC Smelters (Pty) Ltd

Applicant

Samancor Chrome Limited

Applicant

Minister: Department of Mineral Resources and Energy

Respondent

Chief Inspector of Mines: Department of Mineral Resources and Energy

Respondent

Principal Inspector of Mines: North-West Region

Respondent

Minister of Employment and Labour N.O.

Respondent

Chief Inspector: Department of Employment and Labour

Respondent

National Union of Metal Workers of South Africa

Respondent

Procedural Posture

Declaratory Application / Judgment

Legal Issues

  1. 1 Whether the smelting operations on Buffelsfontein 465JQ constitute a 'mine' under section 102 of the Mine Health and Safety Act.
  2. 2 Whether the Mine Health and Safety Act or the Occupational Health and Safety Act applies to the operations.
  3. 3 Whether the application should have been directed as a review under PAJA.

Ratio Decidendi

The court found that the applicants' smelting operations are not sufficiently distinct from mining activities to fall outside the ambit of the Mine Health and Safety Act. The separation agreement explicitly envisaged joint operations and compliance with the MHSA, including the appointment of a CEO responsible for health and safety under the Act. The applicants failed to pursue the statutory exemption process under section 79 of the MHSA and instead sought a declaratory order from the court, which is not the appropriate procedure. The court held that the proper avenue for challenging administrative action is a review under PAJA. The evidence did not support the applicants' contention that...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.