The National Union of Mineworkers (NUM) said in a statement on Friday that the chief magistrate of Thabazimbi had found platinum miner Northam Platinum guilty of negligence.
“This came at the conclusion of an inquest looking into the death of nine mineworkers at the mine,” NUM said.
“The magistrate in the joint inquest and inquiry into the conveyor-belt fire, which occurred on September 20 2004 at the Northam Platinum mine, handed down his finding today. In terms thereof it was found that negligence could not be excluded on the part of the mine. Northam does not accept the correctness of the finding and is considering its position going forward,” Northam Platinum said in a statement.
“The company is withholding further comment,” Northam added.
“This is a strong message made here, that companies cannot overlook important requirements that would safeguard the lives of people.
“This judgement vindicates those workers whom the company chose to fire when they complained of lack of safety and, certainly, points a finger at the manager who got promotion to the corporate office after this serious accident,” said NUM national secretary for health and safety Eric Gcilitshana.
The inquest found the company guilty of negligence because of five counts, the NUM said.
The inquest found that the company could have avoided the accident had it applied its mind to safety standards; that company training was theoretical and not practical; that there was only one entry or exit point and no alternative escape routes; that the refuse bay was too far from the working area and was only relevant in 2001 when the working area was started; and that the ventilation system was poor, the NUM said.
On September 20 2004, nine mineworkers died at Northam platinum as a result of an underground fire.
A preliminary report issued by the Department of Minerals and Energy in February 2005 said that at least three days before a conveyor belt caught alight causing the deaths of the nine workers, the mine was notified that there were problems with the belt.
The accident took place on a decline from levels 13 to 14 of the number one shaft of the Northam Platinum mine near Thabazimbi in the Limpopo province, according to the department.
The victims died of asphyxiation from poisonous gases, the department said.
“It was later found, after autopsy, that the dead workers had inhaled a poisonous carbon monoxide,” the NUM said.
The nine people that died were: Daniel Chume, Mavungwana Dlepu, Manuel Fernando, Mahooana Mahooana, Zaphalala Mbaphantsi, Tankiso Mosese, Carlos Munguambe, Lebogang Sell and Mtete Tela, according to the department’s February 2005 preliminary report.
Following the accident, then minister of minerals and energy, Phumzile Mlambo-Ngcuka, closed the mine in terms of Section 54 of the Mine Health and Safety Act. The mine was reopened on October 13 2004.
“We would hope that the Justice Department will move fast in prosecuting this case, because they tend to be slow to a point where you lose faith in justice ever being carried out. Moving faster brings closure to the families who remain grieving until they feel justice is done,” said Gcilitshana.
“This is a second case in a space of two weeks where companies have been found guilty negligence that’s led to the loss of lives of workers. The other was where the Department of Labour found Grinaker-LTA in the wrong.
“What has been encouraging about these cases is the swiftness with which the inspectorates have moved to bring them to finality, then recommending prosecution,” NUM said. — I-Net Bridge