Centre for Environmental Rights – Advancing Environmental Rights in South Africa

On 16 April the Minister of Mineral Resources and Energy isssued a statement regarding amendments to Regulations made under the Disaster Management Act pertaining to mining and energy.

Minister Mantashe states that the amendments relating to mining and energy provide as follows:

Energy and petroleum products

To ensure the continuous supply of energy and petroleum products to society:

• collieries that supply Eskom shall continue to operate at full capacity; and
• refineries shall operate at full capacity to avoid shortage of fuel, and such operations shall include refineries, smelters, plants and furnaces

Mining operations

Mining operations, excluding collieries that supply Eskom, shall be conducted at a reduced capacity of 50% during the period of the lockdown, and thereafter at increasing capacity as determined by the Cabinet member responsible for mineral resources and energy. We must maintain a risk-based approach.

The following conditions apply to the starting and increasing of capacity:

• A rigorous screening and testing program must be implemented as employees return to work;
• the mining industry must provide quarantine facilities for employees who have tested positive for the COVID-19;
• data collected during the screening and testing programme must be submitted to the relevant authority;
• mining companies must make arrangements to transport their South African employees from their homes to their respective areas of operations;
• in accordance with these Regulations and other regulations applicable in neighbouring SADC countries, workers from these neighbouring countries will be recalled at the end of lockdown in their respective countries.

The monitoring and impact assessment of seismicity through the Council for Geoscience must be intensified with immediate effect. This will assist in monitoring ground stability.