The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry

Abstract

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 This research has found that Ordinance 20 of 1968 and its regulations were repealed to the extent that it dealt with health and safety of employees on mines and consequently the regulations of 1968 do not find application in Namibia since 1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 directives.