Impala mines can keep lift accident private

IMPALA Platinum Mines does not need to disclose its own report to government, done after the 2023 disaster when 16 miners died and scores were injured when a lift carriage crashed at the bottom of the shaft.

- ZELDA VENTER

The Johannesburg Labour Court found that the report, commissioned by the mine shortly after the incident, was privileged and that it is not obliged to share this with the Department of Mineral Resources and Energy (DMRE).

The department sought an order compelling Impala to produce the report, arguing that it is necessary for its inquiry under the Mine Health and Safety Act (MHSA) and that it is not protected by privilege.

The department's inquiry commenced on December 9, 2024 and was adjourned to July this year. When the hearing resumed, an employee of Impala testified and revealed that there was an official investigation done by DRA South Africa Projects, on behalf of the mine. This was the first time that the department became aware of the DRA report.

The presiding officer instructed Impala to disclose the report. Ultimately, Impala refused to do so on the basis that the report was privileged. The inquiry adjourned pending the resolution of the disclosure dispute.