Aims to promote economic development, social justice, labour peace and democracy in the workplace. It applies to all employers, workers, trade unions and employers’ organisations.
The primary objectives of this Act are to:
* A section in the chapter on Fundamental Rights which deals with labour practices.
Applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action.
The purpose of the Act is to achieve equity in the workplace, by:
Provides for protection of the health and safety of employees and other persons at mines. It aims to promote a culture of health and safety.
In terms of the previous mining legislation in South Africa, mineral rights were held privately and in some instances by the state. The Mineral and Petroleum Resources Development Act (MPRDA) now vests all mineral rights in the state. Through the transitional provisions included in the MPRDA, mining companies can convert their existing ‘old order’ rights to prospect and/or mine (previously granted under the now repealed Minerals Act) to the ‘new order’ rights introduced by the MPRDA.
The Act has a number of objectives, including to:
* This states that everyone has the right to an environment that is not harmful to their health or well-being and to have the environment protected through reasonable legislative measures.
The Mining Charter is intended to bring about widespread socio-economic transformation in South Africa’s mining industry. It was developed collaboratively by government and the industry and ratified in October 2002 following the enactment of the MPRDA.
Transformation, as envisaged by the Mining Charter, is an imperative for mining companies active in the South African mining sector. They are required to convert their mineral rights from so-called ‘old order’ to ‘new order’ if they wish to mine on the properties concerned. The Mining Charter stipulates that those seeking conversions will have to have sold, for fair value, 15% of the production of their South African assets to black South Africans or women by 2009. The ownership objective for 2014 is 26%.
As a further step in the transition towards a new system of regulating mining rights, the Mining Scorecard was published in February 2003 to assist in the assessment of companies’ applications for ‘new order’ rights. It sets out a number of transformation criteria as a pre-requisite for conversions.
The nine broad criteria are as follows: