Beyond the Mine Gate: Why tackling GBVF is now vital to mining health and safety

As South Africa's mining industry edges closer to its long-held ambition of zero harm, the next frontier in workplace safety may have less to do with machinery and more to do with human behaviour, says leading mining lawyer Eben van Zyl.

For decades, health and safety in mining has largely been measured by injury rates, fatalities, and the pursuit of zero harm, but today the industry’s understanding of what constitutes a safe workplace is expanding.

Achieving truly safe mining operations, says van Zyl, means recognising that gender-based violence and femicide (GBVF) is not simply a social issue; it is a workplace safety issue deserving the same strategic attention as any other operational risk.

Speaking with the Mining 901 podcast alongside fellow Beech Veltman directors Chantal Murdock and Bryan White, van Zyl said discussions at Investing in African Mining Indaba earlier this year reflected an industry increasingly prepared to broaden its understanding of workplace safety.

"We are making great strides in achieving that objective of zero harm... [we’re] not there yet, but getting there," says van Zyl. The industry is now also realising that GBVF "should feature as part of the mine's health and safety management system”. That shift reflects broader developments across the sector.

In August 2024, the Chief Inspector of Mines, David Msiza, issued a Guidance Note for the Management of GBVF, Safety and Security Challenges for Women in the South African Mining Industry. The Guidance Note said there was a GBVF crisis in South Africa, and that a 2013 Mine Health and Safety Council study found violence and sexual harassment was a recurrent problem and threat to the health, safety, and security of female workers in the South African mining industry, and that policies and procedures were then non-existent or ineffective.

The Guidance Note mandated strict obligations on mining employers to protect women and vulnerable groups, across all operational areas including infrastructure and physical security, operational rules and supervision, incident management and reporting, and governance and enforcement.

For van Zyl, however, regulatory compliance is only part of the answer.

Many mining companies have implemented practical workplace measures, including buddy systems for employees working in isolated areas and internal reporting mechanisms, he notes.

While valuable, these initiatives often end at the boundary of the mine.

"Safety in general shouldn't just stop when employees go back out the gate,” says van Zyl, who argues that mining companies need to extend their thinking beyond the physical operation and into the communities where employees live.

That means investing not only in policies and procedures but also in education, coaching, and sustained community engagement that helps people understand what constitutes GBVF, why certain behaviours are harmful, and how those behaviours ultimately affect workplace safety.

Drawing on workshops he has presented with fellow Beech Veltman director and labour law specialist Melanie Hart, van Zyl said one of the more striking discoveries has been how many people, ranging from senior managers to junior employees, do not fully understand what behaviour constitutes GBVF or why it should be regarded as a workplace safety concern.

While organisations can train employees on workplace rules and disciplinary consequences, he believes lasting cultural change requires something deeper.

"If you don't understand why your behaviour should change... we're going to have a battle that can't be won," says van Zyl, stressing that the same values expected in the workplace must also be reinforced within employees' communities.

That approach aligns with one of the central principles of the Mine Health and Safety Act: every employee has a responsibility not only for their own health and safety but also for the wellbeing of those around them.

Van Zyl believes that obligation extends beyond preventing physical accidents to fostering workplaces built on dignity, respect and accountability. Such discussion also reflects a broader evolution within the mining sector, where health and safety increasingly encompasses psychological wellbeing, respectful workplace culture, and organisational behaviour alongside traditional operational hazards.

For mining companies, that means embedding GBVF awareness into health and safety systems rather than treating it solely as a labour relations or human resources issue. Leadership commitment, regular training, and meaningful community partnerships become part of the broader safety framework.

As mining companies continue strengthening their ESG performance alongside operational excellence, van Zyl argues that the definition of ‘safety’ must continue evolving. True progress towards zero harm, he suggests, will ultimately be measured not only by what happens underground, but by whether every employee can work, and live, in an environment of dignity, respect and security.

In that sense, the journey towards safer mines begins long before workers enter the mine gate and continues well after they leave through it.

Eben van Zyl is a Director at Beech Veltman who provides multi-disciplinary legal and related services, focusing on mining health and safety law, occupational health and safety law, environmental law, litigation and criminal law.

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