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The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613480827224064 |
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| access_status_str | Open Access |
| author2 | Gerber, Leonardus J. |
| author_browse | Gerber, Leonardus J. |
| author_facet | Gerber, Leonardus J. |
| collection | Thesis |
| dc_rights_str_mv | © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/62550 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:49.486Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/62550 The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry Gerber, Leonardus J. zeka.alberto@riotinto.com Alberto, Zeka UCTD Health Regulations Safety Mining Mini Dissertation (LLM)--University of Pretoria, 2017. 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. Public Law LLM Unrestricted 2017-09-29T07:14:06Z 2017-09-29T07:14:06Z 2017-09-06 2017 Mini Dissertation Alberto, Z 2017, The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/62550> S2017 http://hdl.handle.net/2263/62550 en © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Health Regulations Safety Mining The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry |
| title | The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry |
| title_full | The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry |
| title_fullStr | The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry |
| title_full_unstemmed | The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry |
| title_short | The impact of the Namibian 1992 Labour Act on health and safety regulation in the Namibian industry |
| title_sort | impact of the namibian 1992 labour act on health and safety regulation in the namibian industry |
| topic | UCTD Health Regulations Safety Mining |
| url | http://hdl.handle.net/2263/62550 |