Parliament opens hearings on Mine Health and Safety Amendment Bill

A long-awaited set of amendments to South Africa's Mine Health and Safety Act of 1996 is now before Parliament. The Portfolio Committee on Mineral and Petroleum Resources invited written comments and requests for oral submissions on the Mine Health and Safety Amendment Bill [B10-2026], with the window closing at 16:00 on 22 August 2026.

What the Bill would change

The Bill was first published for comment by the then Department of Mineral Resources and Energy in June 2022. As introduced, it aims to streamline administrative processes and remove obsolete provisions, sharpen management accountability, restructure the tripartite Mine Health and Safety Council, dissolve the Mine Health and Safety Inspectorate as a separate juristic person and strengthen enforcement.

Penalties are the most closely watched element. The 2022 draft proposed that an employer convicted of any offence under the Act could be fined up to 10% of its annual turnover in South Africa or its exports from the country, whichever is greater. Law firms advising employers, including Webber Wentzel and ENSafrica, have described some provisions as onerous or too harsh, and have flagged a narrower definition of employee that could change employers' duties towards contractors.

The safety record

The amendments come as South Africa's mines post their best safety performance on record. The Department of Mineral and Petroleum Resources reported 41 fatalities in 2025, a historic low. Committee chairperson Mikateko Mahlaule noted substantial declines between 2013 and 2024 in occupational diseases including TB, silicosis, noise-induced hearing loss and HIV, while warning that health risks for mineworkers persist.

Minister Gwede Mantashe told Parliament in May 2026 that the Bill is intended to make compliance a core business function rather than an administrative exercise.

Next steps

After public hearings the committee will deliberate clause by clause before the Bill goes to a vote in the National Assembly and then to the National Council of Provinces. Mining companies and unions are expected to focus on the penalty regime, the new governance structure of the council and how the inspectorate's powers are exercised once it becomes part of the department.

Sources

• Tabacks: Further invitation to comment on the Mine Health and Safety Amendment Bill, 2026, 27 Jul 2026
• East Coast Radio: Parliament considers tougher penalties for mine safety violations, 24 Aug 2026
• Mining Review Africa: Key considerations in the Mine Health and Safety Act Amendment Bill, 01 Aug 2022
• Mining Weekly: ENS concerned about 'too harsh' provisions in incoming Mine Health and Safety Amendment Bill, 14 Nov 2024
• SAnews: Mantashe tables department's budget, 19 May 2026

Photo: The Parliament of South Africa building in Cape Town. Dietmar Rabich, Wikimedia Commons, CC BY-SA 4.0.