Chapter 4: Tripartite Institutions

41. Establishment of tripartite institutions

1) A Mine Health and Safety Council is hereby established to advise the Minister on health and safety at mines.

2) The following permanent committees of the Council are hereby established--

  1. the Mining Regulation Advisory Committee;
  2. the Mining Occupational Health Advisory Committee; and
  3. the Safety in Mines Research Advisory Committee.

3) A Mining Qualifications Authority is hereby established to advise the Minister on--

  1. qualifications and learning achievements in the mining industry to improve health and safety standards through proper training and education;
  2. standards and competency setting, assessment, examinations, quality assurance and accreditation in the mining industry; and
  3. proposals for the registration of education and training standards and qualifications in the mining industry on the National Qualifications Framework referred to in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995).

    (The South African Qualifications Authority Act provides for a National Qualifications Framework which aims to enhance the quality of education and training.)

42. Mine Health and Safety Council

1) The Council consists of--

  1. five members representing employers in the mining industry;
  2. five members representing employees in the mining industry;
  3. four members representing departments of the State; and
  4. the Chief Inspector of Mines, who must chair the Council.

2) The Minister must appoint the members of the Council and the permanent committees of the Council in accordance with the regulations.

2A) The Council may appoint ad hoc and subcommittees, for any period and on any conditions.

3) The Council and its committees must govern themselves in accordance with the constitution contemplated in section 97(3).

(Section 97(3) empowers the Minister, after consulting the Council and by notice in the Gazette, to add a Schedule containing the constitution of the Council and its permanent committees.)

4) The Council may delegate any of its powers and assign any of its duties by or under this Act in accordance with the constitution contemplated in section 97(3).

5) A delegation or an assignment under subsection (4)--

  1. must be in writing;
  2. may be subject to such conditions and restrictions as the Council may determine; and
  3. does not prevent the exercise of that power or the performance of that duty by the Council.

6) Members of the Council, or of a committee of the Council, are each entitled to have their views reflected in any report of the Council or committee, as the case may be.

7) Each year, the Minister, with the agreement of the Minister of Finance, must provide sufficient funds for the administration of the Council, and committees of the Council, from public funds.

43. Council's duties

The Council must--

  1. advise the Minister on health and safety at mines including, but not limited to, any legislation on mine rehabilitation in so far as it concerns health and safety;
  2. co-ordinate the activities of its committees, receive reports from the committees and liaise with the Mining Qualifications Authority on matters relating to health and safety;
  3. liaise with any other statutory bodies concerned with matters relating to health and safety;
  4. promote a culture of health and safety in the mining industry;
  5. at least once every two years arrange and co-ordinate a tripartite summit to review the state of health and safety at mines;
  1. a)     annually consider an overall programme for relevant health and safety research for approval as prescribed and deliver a copy to the Minister of Finance for considerations; and
  2. perform every duty imposed upon the Council in terms of this Act.

44. Duties of permanent committees

1) The Mining Regulation Advisory Committee must advise the Council on--

  1. proposed changes to legislation to improve health and safety at mines;
  2. proposals for changes to legislation made by any other committee of the Council;
  3. guidelines for codes of practice; and
  4. standards approved by the South African Bureau of Standards.

2) The Mining Occupational Health Advisory Committee must advise the Council on--

  1. policy relating to health;
  2. standards systems and procedures for assessing. avoiding, eliminating, controlling and minimising health risks;
  3. regulations on any aspect of health;
  4. health research; and
  5. collecting, processing and distributing health data in the mining industry.

3) The Safety in Mines Research Advisory Committee must advise the Council on--

  1. criteria for determining the funding of health and safety research;
  2. the need for research into health and safety at mines;
  3. research projects, including priorities of projects, cost, assessment, ratification and execution;
  4. communication and publication of research results; and
  5. the management of the cost of the overall programme.

4) The Safety in Mines Research Advisory Committee must prepare the overall programme for relevant health and safety research for the Council to consider. The programme must include--

  1. a review of health and safety performance in the different mining sectors;
  2. an evaluation of the research proposals made by the Council or a committee of the Council;
  3. the focus of health and safety research and priorities for the different sectors of mining; and
  4. an estimate of the cost of the programme.

5) [Subsection (5) deleted by s.20 of Act No. 72 of 1997].

45. Mining Qualifications Authority

1) The Mining Qualifications Authority consists of--

  1. five members representing employers in the mining industry;
  2. five members representing employees in the mining industry;
  3. four members representing departments of State; and
  4. the Chief Inspector of Mines of Mines who must chair the Mining Qualifications Authority.

2) The Minister must appoint the members of the Mining Qualifications Authority in accordance with the constitution contemplated in section 97(4).

3) The Mining Qualifications Authority and its committees must govern themselves in accordance with the constitution contemplated in section 97(4). (Section 97(4) empowers the Minister, after consulting the Council and by notice in the Gazette, to add a Schedule containing the constitution of the Mining Qualifications Authority.)

46. Mining Qualifications Authority's functions

1) The Mining Qualifications Authority must--

  1. seek registration in terms of the South African Qualifications Act, 1995 (Act No. 58 of 1995), as a body responsible for generating education and training standards and qualifications as contemplated in section 5(1)(a)(ii)(aa) of that Act;

    2. (Section 5(1)(a)(ii)(aa) of the South African Qualifications Authority Act provides for the registration of bodies responsible for establishing educational training standards.)

  2. seek accreditation in terms of the South African Qualifications Act, 1995 (Act No. 58 of 1995), as a body responsible for monitoring and auditing achievements as contemplated in section 5(1)(a)(ii)(bb) of that Act;

    (Section 5(1)(a)(ii)(bb) provides for the accreditation of bodies responsible for monitoring achievements in terms of standards or qualifications.)

  3. set education and training standards or qualifications to bodies registered with that Authority and responsible for developing education and training standards;
  4. generate education and training standards and qualifications in the mining industry; and
  5. monitor and audit achievement in terms of those standards and qualifications.

2) The Mining Qualifications Authority may--

  1. appoint permanent and ad hoc committees, and subcommittees, for any period and on any conditions;
  2. administer and control its financial affairs; and
  3. do anything necessary to achieve its objectives.

3) The Mining Qualifications Authority may delegate any of its powers or assign any of its duties by or under this Act in accordance with the constitution contemplated in section 97(4).

4) A delegation or an assignment under subsection (3)--

  1. must be in writing;
  2. may be subject to such conditions and restrictions as the Authority may determine; and
  3. does not Prevent the exercise of that power or the performance of that duty by the Authority.

5) In performing its functions, the Mining Qualifications Authority must comply with the policies and criteria formulated by the South African Qualifications Authority in terms of section 5(1)(a)(ii) of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995).

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