This dissertation attempts to bring clarity and certainty in respect of the regulation of the health
and safety aspect within the Namibian mining Industry. At the moment, there is lack of legal
clarity in Namibia as to which set of laws or regulations applies to the mining industry in so far
as health and safety of employees within the extractive industry is concerned therefore making
it difficult for the industry to comply or comprehend its legal obligations. The absence of legal
clarity culminated into uncertainty over which state functionaries are entrusted with the
responsibility to regulate the health and safety aspect of mining in Namibia.
It is observed that the uncertainty which prevails in the Namibian mining industry as to which
laws or regulations are applicable in respect of health and safety of employees at work is
attributed to and aggravated by the misconception of the Ministry of Mines and Energy which
fails comprehend its role due to lack of proper legal advice and thereby assuming status quo.
This research has found that Ordinance 20 of 1968 and its regulations were repealed to the
extent that it dealt with health and safety of employees on mines and consequently the
regulations of 1968 do not find application in Namibia since 1 November 1992.
This paper further reveals or identifies the Health and Safety Regulations on the Health and
Safety of Employees at Work made under Labour Act 6 of 1992 as the applicable law in this
regard notwithstanding the fact that the assignment of the administration of functions under
the Health and Safety regulations, is vague and contributes to the uncertainty instead of
ameliorating the situation.
The ordinance continues to be implemented by the ministry as if it is still applicable and very
little is actually implemented under the 2007 Labour Act. Therefore, one can clearly say that in
the absence of a new regulatory regime which introduces substantial change, there is nothing to
measure against unless the Labour Act Regulations are properly assigned with post assignment
Mini Dissertation (LLM)--University of Pretoria, 2017.