Guidance Note for the Management of Gender Based Violence and Femicide (“GBVF”), Safety and Security Challenges for Women in the South African Mining Industry

At the start of Women’s Month on Friday, 2 August 2024, David Msiza, the Chief Inspector of Mines, issued the Guidance Note for the Management of GBVF, Safety and Security Challenges for Women in the Mining Industry (“Guidance Note“), in terms of section 49(6), read together with sections 9(2) and 9(3) of the Mine Health and Safety Act, No. 29 of 1996 (“MHSA“).

The Guidance Note is set to be effective from 1 November 2024. View/download Guidance Note

Background and Purpose of the Guidance Note

• A study mandated by the Mine Health and Safety Council in 2013, revealed that negative attitudes, harassment and discrimination experienced by women in mining are barriers to the effective integration of women in the sector. The study revealed, amongst others, the following:
  • that violence and sexual harassment is a recurrent problem for, and a threat to, the health, safety and security of female employees in the South African mining industry;
  • policies and procedures for managing violence and sexual harassment at mines were either non-existent or obsolete and ineffective; and
  • physical violence and sexual harassment at work, should be recognised as a serious problem requiring specific regulatory interventions.
• To adopt and implement strategies to address the abovementioned challenges, the Women in Mining Advisory Committee identified a number of interventions as an immediate response to the crisis of the GBVF, safety and security challenges facing women in the mining industry, as well as the surrounding communities. These interventions include the implementation of the National Strategic Plan on GBVF in the mining sector and reporting thereon.

Application and Objective of the Guidance Note

• The Guidance Note applies to the South African mining industry, as well as the mining communities. It was compiled specifically with the view to provide guidance to all stakeholders regarding their roles and responsibilities pertaining to the management of GBVF, safety and security of women in the mining industry.
• Its objective is to provide guidance to the employer at every mine in addressing GBVF, safety and security issues for women in the South African mining industry.

Key considerations addressed in the Guidance Note

The Guidance Note addresses, amongst others, the following:

• the roles and responsibilities of employers in ensuring zero tolerance to GBVF, which includes the implementation of, amongst others, the following:
  • taking ownership and accountability for the implementation and reporting of GBVF;
  • developing, operationalising and implementing GBVF policies or strategies;
  • establishing GBVF management structures and systems;
• the roles of managers and supervisors relating to the policies and procedures pertaining to GBVF;
• the provision of formal training and documenting such training pertaining to GBVF, safety and security issues.

Implementation of, compliance with, access to, monitoring and evaluation of, the Guidance Note

• The employer must prepare an implementation plan for its guidance note for provision of issues such as organisational structures, responsibilities of functionaries and, programmes and schedules for the guidance note that will enable proper implementation of the guidance note. (A summary of and a reference to, a comprehensive implementation plan may be included).
• The employer must institute measures for monitoring and ensuring compliance with the Guidance Note.
• The employer must ensure that a complete guidance note, and related documents are readily available at the mine for examination by any affected person, and that employees are conversant with the sections of the Guidance Note, which are relevant to their respective areas of responsibility.
• All mines should develop and submit a GBVF implementation plan on the last day of the month of February annually. These should be followed through by the submission of the progress report of the previous year.

For more information and/or advice in this regard, please contact info@lnpbeyondlegal.com.

Author: Cindy-Lee Bekeer