THE Association of Mineworkers & Construction Union (AMCU) has changed tack on a legal challenge to the resumption of mining in South Africa post the five-week lockdown, saying the resumption of mining should be strongly regulated.
The union had intended to have the South African government rescind 129 mines’ lockdown exemptions which allows mining companies to ramp up to 50% of production, said BusinessLive in an article.
AMCU argued in its papers that the Department of Mineral Resources & Energy had acted outside its powers in allowing the exemptions granted to these companies on April 8. However, the exemptions have now been passed into law which had made AMCU’s legal opposition moot, the newspaper said.
“Since these amended regulations have now become law, we have urged our members to comply, but reminded them of their right to refuse to work in dangerous conditions,” said Joseph Mathunjwa, president of AMCU.
AMCU was also approaching the Labour Court to seek an order gazetting binding regulations about the return of mineworkers and how they should be screened, tested, isolated, quarantined and to be kept safe at work with proper protective gear and social distancing, said BusinessLive.
“While the union is supportive of a return to work and ramping up production, it will not support such if the safety of its members is not guaranteed by national minimum standards,” said Mathunjwa, pointing out workers had a history of pulmonary diseases in mining and they were vulnerable to COVID-19 infection.
“While some mining companies may well take good measures, it is not enough for the minister to rely on all companies’ voluntary goodwill. This is reckless and will endanger the lives of many,” he said.
