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BCLR/MJS Step Ahead Newsletter No. 2/2008

Friction between owners in sectional title schemes

Caveat subscriptor!

Cancellation of a contract where the purchaser fails to provide an acceptable bank guarantee for payment of the purchase price

The sale of a business that has not been advertised in the Government Gazette and a local newspaper

Download Newsletter No. 2/2008 [ PDF - 624kb ]

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Mine and Occupational Health and Safety Law

Brink Cohen Le Roux Inc. has specialised in the related fields of mine and occupational health and safety law since the firm's incorporation in 1993, and has developed a suite of comprehensive and focused services (with the cooperation and assistance of its clients and through its established relationships with the Department of Minerals and Energy and the Department of Labour) that can be tailored to fit individual specifications and requirements. These services include:
research and opinions on related issues and concerns, existing legislation and new developments in the law;
preparation of written correspondence, representations and other submissions to the Department of Minerals and Energy and the Department of Labour;
preparation in anticipation of and representing clients at, informal investigations, formal inquiries and inquests;
preparation in anticipation of and representing clients in, criminal and civil matters relating to mine or occupational health and safety law;
assisting clients to ensure statutory compliance and preparation of legally required documentation;
presentation of seminars and workshops on issues relating to mine or occupational health and safety law; and assisting clients to conduct due diligence investigations pertaining to health and safety.
Our services are not limited to the above, and we encourage you to contact us should you wish to discuss any mine or occupational health and safety law queries that you might have.

BCLR's mine and occupational health and safety law profile

Firm's Profile and Curricula Vitae

Our firm has extensive experience in mine and occupational health and safety law, the particulars of which include the following:

1993

We represented Gaynor Young, the actress who sustained multiple injuries after a stage accident in the State Theatre in an appeal to the then Supreme Court against the dismissal of her claim for increased compensation. Prior thereto, Mr Le Roux represented Gaynor Young in other proceedings in terms of the then Workmen's Compensation Act and in the occupational safety inquiry.

1994

We represented the Chamber of Mines at the Leon Commission of Inquiry into Safety and Health in the Mining Industry. The Commission's report gave rise to the enactment of the Mine Health and Safety Act, 1996.

We represented Harmony Gold Mining Company Limited in the inquest, inquiry and criminal proceedings concerning the Merriespruit slimes dam disaster, which occurred on 22 February 1994 and resulted in the deaths of 17 people.

1995

We represented Vaal Reefs Mining and Exploration Company Limited in the inquest and inquiry, criminal proceedings and commission of inquiry concerning the biggest locomotive accident in the mining industry of South Africa, which claimed the lives of 104 mine workers, where a locomotive and personnel carriage plunged down a shaft.

1996

We represented Elandsrand Gold Mining Company Limited at an inquiry concerning a butane explosion in which 8 employees died and which was the only underground butane explosion in the South African mining industry to date.

1997

We represented Deelkraal Gold Mining Company Limited in a joint inquest and inquiry concerning a rock burst which occurred as a result of a seismic event of magnitude 3,3 on the Richter Scale and which resulted in the death of 9 employees and the injury of another 23. This matter was presided over by Mr Justice Leon and it included a very detailed investigation of various seismological and rock engineering issues. A number of experts in rock engineering, seismology and numerical modelling testified in the proceedings.

1998

We represented Hartebeestfontein Gold Mining Company Limited in an inquiry concerning a seismic event of magnitude 4,1 on the local magnitude scale which resulted in the death of 18 mine workers and injuries to another 23. The matter concerned pillar mining. After the proceedings had continued for approximately 3 weeks we successfully brought an application for the recusal of the presiding person. In the new inquiry that was eventually held, 6 experts testified on various aspects of seismology, rock engineering and mine health and safety.

1999

We represented AngloGold Ashanti Limited's Mponeng mine in a flammable gas accident which claimed the lives of 19 mine workers. This inquiry was concluded at the end of 2002.

2002

We appeared on behalf of Lucite International in a claim for compensation in terms of Compensation for Occupational Injuries and Diseases Act, 1993, concerning the question whether an employee had contracted occupational asthma as a result of being exposed to methyl methacrylate. The case was of crucial importance as methyl methacrylate is a substance commonly used in dental products, which products would have been stigmatised. The product is manufactured by Lucite at a very large number of sites in the US, Canada, Europe and Asia.

2003

We represented Beatrix mine in an accident inquiry following a major explosion on 15 May 2001, which resulted in a number of fatalaties.

We represented Beatrix mine in another accident inquiry following a major explosion on 8 May 2001, which resulted in a number of fatalaties.

2004 / 2005

We are currently representing Northam Platinum Limited and Hernic Ferrochrome (Proprietary) Limited in respect of accidents which occurred at underground mining operations on 20 September 2004 and 13 December 2004 respectively, both of which resulted in a number of fatalities.

General

We represent companies on a regular basis in accident inquiries, inquests and criminal matters following occupational accidents.

We give advice to the Chamber of Mines and various mining houses on health matters generally, and on lung diseases.

We represent various papers to mining companies and other corporations, and also present annual seminars in conjunction with Butterworths, a major publishing house, involving our areas of expertise.

BCLR's mine and occupational health and safety law team

Willem le Roux Willem le Roux
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Pieter Colyn Pieter Colyn
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Peter le Roux Peter le Roux
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Johan Olivier Johan Olivier
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Celeste Coyne Celeste Coyne
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Important Links

The Department of Minerals and Energy

The Department of Labour

The Chambers of Mines of South Africa

Safety in Mines Research Advisory Committee

CSIR Mining Technology (MININGTEK)

The South African Institute of Mining and Metallurgy

 
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