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COMMISSION
  
OF
  
INQUIRY
  
INTO
  
SAFETY
  
AND
  
HEALTH
  
IN
  
THE
  
MINING
  
INDUSTRY 
 
 
1
 
 
CHAPTER ONE 
 
INTRODUCTION 
 
The members appointed to the Commission were: 
The Honourable Mr. Justice Ramon Nigel Leon (Chairperson) 
Professor Miklos Dezso Gyorgy Salamon 
Professor Albert William Davies 
Professor John Carol Anthony Davies 
The Terms of Reference of the Commission as stated in Government Notice Number R889 were as 
follows: 
 
1.1 
To investigate all aspects of the legal regulation of health and safety in the mining industry 
as defined in the Minerals Act 1991 (Act No 50 of 1991). 
 
1.2 
To make recommendations to the state President on improvements to the existing 
regulations and the implementation thereof in the light of the circumstances prevailing in 
the industry and of international standards. 
 
1.2.1  Regulations governing the conduct of the Commission were established when the 
Commissions Act, 1947 (Act No 8 of 1947) was made applicable to the Commission 
by Proclamation No R78 of 1994. 
 
1.2.2  Mr T M Doyle, an officer in the department of Mineral and Energy Affairs was 
appointed Secretary to the Commission, to deal with administrative matters, and 
Advocate R Chinner was appointed to lead the evidence. 
 
1.3 
The terms of reference given in paragraph 1.1 and 1.2 did not precisely and accurately 
reflect the agreement of all parties to the Mining Industry Summit as to what the terms 
should be, and which were subsequently approved by the Cabinet.  What had been agreed 
and approved was as follows.  The Commission should: 
 
1.3.1  Investigate all aspect of the legal regulation of occupational health and safety in the 
mining industry of South Africa excluding the question of compensation for injury, 
illness and death, which was to be deferred until the inquiry into safety and health 
had been completed.  The second inquiry was to be motivated de novo. 
 
1.3.2  Make recommendations to the State President on improvements to the existing 
legislation and the implementation thereof in the light of the circumstances 
prevailing in the industry and of international standards. 
 
1.3.3  The Commission should not undertake investigations into any accident or other 
dangerous occurrences or conditions at a particular mine occurring during the course 
of the Commission as such matters can be dealt with in terms of inquiries under the 
existing legislation. 

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COMMISSION
  
OF
  
INQUIRY
  
INTO
  
SAFETY
  
AND
  
HEALTH
  
IN
  
THE
  
MINING
  
INDUSTRY 
 
 
2
 
1.3.4  In the light of ambiguities and lack of precision in the terms of reference, the 
Chairperson agreed to interpret the terms of reference as agreed to between the 
parties to the Summit, approved by the Cabinet and set forth in paragraphs 1.3.1 to 
1.3.3 above. 
 
1.4 
A meeting was held between the Chairperson, Advocate Chinner and the Secretary Mr 
Doyle in Johannesburg on May 8, 1994, when it was agreed that all interested parties be 
invited to make written submissions to the Commission by June 15, 1994, and that written 
responses to these be furnished by July 7, 1994. 
 
1.4.1  As a result of the publicised invitation the Commission received written submissions 
and responses running to about 3 500 pages of text.  The 37 organisations and 
persons who made written submissions are listed in Appendix 1. 
 
1.5 
At the request of the parties to the Mining Industry Summit, the Chairperson agreed to a 
meeting on July 14, 1994.  One of the Commissioners, Professor J C A Davies attended, but 
Professors Albert Davies and Miklos Salamon had not at that time arrived in the country, 
and the proceedings were therefore recovered, transcribed and made available to them. The 
parties to the Summit had requested the meeting to discuss procedural matters. 
 
1.5.1  At the meeting the Chairperson dealt with the following issues: 
 
-SECRECY: The Chairperson stated that whatever the precise meaning and effect of 
Regulations 4 and 5 might be, he intended the Inquiry to proceed in an open and 
transparent manner and the members of the press and the public would be allowed to 
attend the hearings; 
 
-he would allow cross-examination of witnesses; 
 
-he proposed the hours of sitting; 
 
-he thought that it would be necessary for one or more inspections in loco to be held; 
 
-counsel for the parties or Advocate Chinner could lead the evidence.  If the parties 
preferred it then Council could lead their evidence while Advocate Chinner could 
lead the evidence at the other witnesses; 
 
-it was important that a time table be prepared by the parties in consultation with 
Advocate Chinner and Mr Doyle. 
 
1.5.2  In view of the fact that the Commissioners from aboard could not, for the initial 
hearing, stay beyond the end of August, the Chairperson proposed that: 
 
-the issues be dealt with topic by topic so that at least an interim report could be 
prepared; 
 
-the parties get together after the meeting to agree on matters that were common 
cause, matters which were in dispute and a time table. 

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