Microsoft Word LeonreportVo doc

COMMISSION
  
OF
  
INQUIRY
  
INTO
  
SAFETY
  
AND
  
HEALTH
  
IN
  
THE
  
MINING
  
INDUSTRY 
 
 
3
 
1.5.3  At the meeting Senior Counsel for the Chamber of Mines handed in written 
proposals.  These identified topics and expressed views on how the Commission 
should be conducted.  These views were substantially similar to those expressed by 
the Chairperson, with the additional suggestion that working groups be established 
to discuss priorities, or to try and achieve agreement on various issues and report 
back to their principals. 
 
The view was expressed that such groups could work in tandem with the work of the 
Commission.  After discussion it was agreed the parties would endeavour to provide, 
before the Commission commenced its public hearings on July 18 1994: 
 
-a time table on a topic by topic basis; 
 
-the issues that were in common cause; 
 
-the issues that were in dispute. 
 
1.6 THE 
HEARINGS 
 
The hearings commenced in the Mineralia building, Braamfontein, Johannesburg, on July 
18 1994 and continued until August 24 1994.  In consequence of certain matters being 
agreed between the parties, and by sitting long hours when necessary, the parties were able 
to present all the oral evidence which was found to be necessary by August 24 1994. 
 
1.6.1  The parties were represented as follows: 
 
THE NATIONAL UNION OF MINEWORKERS by Mr E Cameron SC, instructed 
by Mr P Benjamin, of Cheadle, Thompson and Haysom; 
 
SASOL by Mr J Viljoen; 
 
THE CHAMBER OF MINES by Mr C D A Loxton SC, with him Mr D M A 
Antrobus, instructed by Mr W P le Roux of Brink, Cohen, le Roux and Roodt Inc.; 
 
THE DEPARTMENT OF MINERAL AND ENERGY AFFAIRS by Mr J B Raath, 
Government Mining Engineer; 
 
THE CHEMICAL WORKERS’ UNION by Mr Richard Spoor; and 
 
THE COMMISSION by Mr R Chinner, 
 
who also led the evidence of all the witnesses other than those who were being led 
by the legal representatives of the parties. 
 
Mr T M Doyle acted as Secretary to the Commission. 
 
1.6.2  Acknowledgements 
 
The Commission would like to record its great indebtedness to all the legal 
representatives, to the Government Mining Engineer (GME) and the Secretary, for 
the thorough and able manner in which they discharged their functions. 
 

---

COMMISSION
  
OF
  
INQUIRY
  
INTO
  
SAFETY
  
AND
  
HEALTH
  
IN
  
THE
  
MINING
  
INDUSTRY 
 
 
4
 
The Commission wishes to add that, not only were the hearings conducted in a 
manner which accords with the best traditions of the Bar, but the hearings had the 
effect of bringing the parties together as did the openness and transparency of the 
proceedings. 
 
1.6.3 Transcript 
of 
evidence 
 
The oral evidence was recorded electronically and transcribed during the evenings 
and nights into 25 volumes running into about 2 600 pages.  The Commission 
wishes to record its thanks and appreciation for the way in which this work was 
done. 
 
The transcript of evidence is not annexed to this report, but will remain available to 
the public and interested parties at the offices of the Department of Mineral and 
Energy Affairs, both at Pretoria and Johannesburg. 
 
Reference will be made to the evidence in the course of this report, and also to 
certain written submissions received by the Commission. 
 
1.6.4  Witnesses who gave oral evidence 
 
Thirty-three witnesses gave oral evidence before the Commission.  Their names and 
the capacity in which they gave their evidence are recorded in Appendix 2, together 
with the Volume of the Transcript and the pages where their evidence appears. 
 
1.6.5  Exhibits handed in during evidence 
 
A large number of exhibits were handed in.  The nature of the exhibits and the 
numbers allocated to them are detailed in Appendix 3.  As with the Transcript of 
Evidence, these exhibits will be held at the offices of the Department of Mineral and 
Energy Affairs (DMEA) in their Pretoria and Johannesburg offices, where they may 
be examined. 
 
1.6.6  Visits made by the Commission 
 
In addition to hearing evidence and the arguments the Commission undertook the 
following visits: 
 
July 19 1994: Western Deep Levels South Mine: 
 
The Commission was able to descend a shaft at a large gold mine, over 2 000 metres 
deep and see a working stope with systematic support and backfill of the extracted 
area.  It was also able to see adult basic education facilities on the surface, listen to a 
presentation describing seismic monitoring arrangements at a group of mines, and 
visit hostel accommodation provided by the mine for black employees. 
 
July 22 1994: Matla Coal Mine: 
 
The Commission was able to see two types of coal production methods used in 
South Africa.  A continuous miner was seen operating the bord and pillar system, 
and the longwall system using powered supports.  Both systems were operating in  
 

---

COMMISSION
  
OF
  
INQUIRY
  
INTO
  
SAFETY
  
AND
  
HEALTH
  
IN
  
THE
  
MINING
  
INDUSTRY 
 
 
5
 
thick seams. Remote environmental monitoring systems were shown on the surface, 
as well as some accommodation arrangements. 
 
July 27 1994: The G P Badenhorst Facility: 
 
The purpose of this unit, part of the Council for Scientific and Industrial Research 
(CSIR) facilities, located outside Pretoria, is for research into methane and coal dust 
explosions.  Tests used to establish the potential of coal mine explosives to initiate 
explosions, and tests in the coal dust gallery were demonstrated. 
 
August 15 1994: Elandsrand Gold Mining Co Ltd.: 
 
The novel methods used in an industrial theatre were seen, showing how simple play 
was used to demonstrate essential aspect of health, safety and industrial relations.  
The training centre on the surface at this mine was also seen at work. 
 
The hostels and dining arrangements at the older Blyvooruitzicht Mine were also 
visited on the same day. 
 
The Commission wishes to acknowledge with thanks the efforts of the many persons 
who helped to organise these visits, and the companies and staff at the mines and 
other facilities who allowed the visits to take place, and helped to make them 
interesting and informative.  The visits assisted the Commission materially in 
understanding some of the problems facing the mining industry. 
 
1.7 
PREVIOUS COMMISSIONS 
 
This Commission is the first to inquire into occupational health and safety in the South 
African mining industry for over 30 years.  No Commission with such wide ranging terms 
of reference to inquire into all aspects of the regulation of occupational health and safety has 
ever been appointed. 
 
Certain of the earlier Commissions considered similar issues to the ones that are dealt with 
in this report.  Full notes on the early Commissions were provided by the National Union of 
Mineworkers (NUM) in their General Submissions and are to be found at Annexure 2 in 
Volume 1 of the submissions.  In Annexure 3 of the same Volume reference is made to the 
Marais Commission which we later comment on briefly. 
 
1.7.1  Earlier Commissions 
 
The Krause Commission was appointed by the Transvaal Government in 1907 under 
the Chairmanship of Dr. F E T Krause (later a Judge of the Supreme Court of South 
Africa), assisted by Dr. Porter, the Medical Officer of Health for Johannesburg, and 
Mr Alexander Heymann, a consulting analytical chemist.  That Commission 
produced a draft Bill which was almost identical to the subsequently enacted Mines 
and Works Act of 1911.  The Commission’s work had the effect of extending the 
system which had been developed in the Transvaal for regulating mine safety to the 
whole of what was then the Union of South Africa. 

---