Justice delayed is justice denied: Protecting Miners against Occupational injuries and diseases: Comments on Mankayi v Anglogold Ashanti Ltd 2011 32 ILJ 545 (CC)
DOI:
https://doi.org/10.17159/1727-3781/2011/v14i7a2624Keywords:
, Occupational health, diseases, injuries, employees, protection, justiceAbstract
In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC) the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and section 100(2) of the Occupational Diseases in Mines and Works Act 78 of 1973. The Court had to determine if the employee common-law right of recourse against his employer in cases where he sustained occupational diseases is extinguished by virtue of section 35(1) of COIDA. The purpose of this case note is twofold: firstly, it analyses the decision of the Constitutional Court in the Mankayi case; secondly, the case note looks at the significance of the Mankayi case for the system of occupational health and safety in South Africa. In conclusion, the contribution explores the need for the introduction of a unified system which will address issues of occupational health and safety in a coordinated and unified manner.
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Bibliography
Ehrlich "Body as history"
Ehrlich R 2007 "The body as history: On looking at the lungs of miners" (Inaugural lecture delivered at the University of Cape Town 26 September 2007)
Grogan Workplace Law
Grogan J Workplace Law 10th ed (Juta Cape Town 2010)
Hermanus 2007 SAIMM
Hermanus MA "Occupational Health and Safety in Mining: Status, new developments and concerns" 2007 SAIMM 532-537
Kinley and Joseph 2002 Alt LJ
Kinley D and Joseph S "Multinational Corporations and Human Rights: Question About their Relationship" 2002 Alt LJ 7-10
Ladou 2005 IJOEH
Ladou J "World Trade Organisation ILO Conventions, and Workers' Compensation" 2005 IJOEH 210-211
McCulloch 2009 African Affairs
McCulloh J "Counting the Cost: Gold Mining and Occupational Disease in Contemporary South Africa" 2009 African Affairs 221-240
Meeran 2000 IJOEH
Meeran R "Review Liability of Multinational Corporations: A Crucial Issue" 2000 IJOEH 249-254
Meeran 2003 IJOEH
Meeran R "Cape PIc: South African mineworkers' quest for justice" 2003 International Journal of Occupational and Environmental Health 218-227
Olivier Social Security
Olivier MP et al Social Security: A Legal Analysis (LexisNexis Butterworths Durban 2003)
Roberts Hidden Epidemic
Roberts J The Hidden Epidemic Amongst Formers Miners: Report of the Department of Health (Department of Health Pretoria 2009)
Tshoose 2011 JICLT
Tshoose CI "Employer's Duty to Provide a Safe Working Environment: A South African Perspective" 2011 6(3) JICLT 166-171
Wilson 2007 Journal of Occupational Health
Wilson DJ et al "The Ratification Status of ILO Conventions Related to Occupational Safety and Health and Its Relationship with Reported Occupational Fatality Rates" 2007 Journal of Occupational Health 72-79
Register of legislation
Compensation for Occupational injuries and Diseases Act 130 of 1993 (COIDA)
Constitution of the Republic of South Africa, 1996
Mine Health and Safety Act 29 of 1996 (MHSA)
Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA)
Occupational Health and Safety Act 85 of 1993 (OHSA)
Prescription Act 68 of 1969
Road Accident Fund Act 56 of 1996 (RAF)
Register of government pulibcations
GN 304 in GG 33118 of 21 April 2010
Register of international treaties and instruments
Convention on Benefits in the Case of Employment Injury 121 of 1964
Convention on Minimum Standards of Social Security 102 of 1952
Convention on Occupational Safety and Health 155 of 1981
Convention on the Safety and Health in Mines 176 of 1995
Register of court cases
Fraser v Absa Bank Ltd (National Director); Public Prosecutions as Amicus Curiae 2007 3 SA 484 (CC)
Law Society of South Africa v Minister of Transport 2011 1 SA 400 (CC)
Mankayi v AngloGold Ashanti Ltd 2010 5 SA 137 (SCA)
Mankayi v AngloGold Ashanti Ltd 2011 32 ILJ 545 (CC)
Mankayi v AngloGold Ashanti Ltd Case No 06/22312, South Gauteng High Court, Johannesburg, 26 June 2008, unreported
Pharmaceutical Manufacturers Association of SA: In re Ex Parte President of the Republic of South Africa 2000 2 SA 674 (CC)
R v Canquan 1956 3 SA 355 (E)
S v Boesak 2001 1 SA 912 (CC)
Taskin v Turkey App. No. 46117/99 2004 Eur Ct Hum Rts 621
Tatar v Romania App. No. 67021/01
Truter v Deysel 2006 4 SA 168 (SCA)
Van Deventer v Workmen's Compensation Commissioner 1962 4 SA 28 (T)
Register of Internet sources
Anonymous Date Unknonw jxzy.smu.edu.cn
Anonymous Date Unknown Occupational Health and Safety in Mining: Realities faced by mineworkers xzy.smu.edu.cn/.pdf [date of use 27 Sep 2011]
SIMRAC 2003 researchspace.csir.co.za
SIMRAC 2003 Final Report of the Safety in Mines Research Advisory Committee: Silicosis Control Programme - Phase 1, No SIM 02-06-03 researchspace.csir.co.za/dspace/bitstream/10204/1302/1/Sim020603.pdf [date of use 4 Jul 2011]
York 2011 www.republicofmining.com
York G 2011 'South Africa's Sickened Gold Miners: A Long wait for Justice' Canadian Globe and Mail 20 June 2011 www.republicofmining.com/2011/06/20/for-south-africa%E2%80%99s-sickened-gold-miners-a-long-wait-for-justice-by-geoffrey-york-globe-and-mail-june-20-2011 [date of use 10 Jul 2011]
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