Pursuing zero harm: Health & Safety evolutions in South African mining

Visible felt leadership, where leaders take a hands-on approach and are actively present, engaged, and make safety a shared responsibility, is key for a well-functioning, integrated health and safety management system, says Eben van Zyl, who has advised mining companies as both an in-house and external lawyer.

“Experienced, senior managers who actively inspect workplaces and regularly engage with employees on any issues which they may be experiencing, not only goes a very long way to boost employee morale,” he adds, “but also helps a great deal in assessing the overall state of health and safety compliance in the workplace, so that appropriate remedial action can be taken before systems failures occur.”

Eben is a Director at Beech Veltman Inc, a leading mining, natural resources and energy focused law firm based in South Africa. Personally recognised as a leading lawyer in the mining sector, and an expert in health and safety, Eben’s combination of in-house and private practice expertise has him uniquely placed to harness his understanding of the applicable laws, and the practical demands within companies.

‘Zero harm’ has been a clarion call in the mining industry, in South Africa and globally, for several years. After an extensive review last year, the Minerals Council South Africa has in 2025 rolled out its renewed CEO-led health and safety strategy, Khumbul’ekhaya Version 2.0, designed to eliminate fatalities, reduce life-changing injuries and embed a proactive safety culture across all local mines.

“There have been significant positive strides taken in the mining industry, to achieve safer and healthier working environments and to continuously improve health and safety management systems,” says Eben, noting 2024 was an historic low for mine fatalities in South Africa, a significant milestone on its health and safety journey. “Employers are actively driving health and safety initiatives as part of their utmost top priorities and in accordance with the industry’s commitment to zero harm.”

As an example, says Eben, Health and Safety Legal Liability Awareness Training is being introduced as a core training requirement by many employers, for employees who carry statutory appointments under the Mine Health and Safety Act (MHSA).

“Empowering employees to understand their legal roles and responsibilities helps to ensure that there is ultimately compliance with the provisions of the MHSA and MHSA regulations by employers and employees alike.”

According to the Minerals Council, the mining industry has reduced fatalities by 91 per cent over the past three decades, from 484 in 1994 to 42 in 2024. Injuries have fallen by 78 per cent from 8,347 thirty years ago. Further decreases are still needed.

“It is very important that we as CEOs understand that 42 is 42 too many,” said Japie Fullard, Chair of the Minerals Council’s CEO Zero Harm Forum, in February. “This is not just a statistic. These are our colleagues we and their family and friends have lost. We must all understand that we must – and can – get to zero.”

Alongside the release of Khumbul’ekhaya 2.0 in 2025, Eben spotlights several fresh and upcoming regulatory and legislative changes that will impact the industry. This year saw “various significant amendments” to the MHSA Regulations, as well as the introduction of new Mandatory Codes of Practice, he says. This includes repeal of old Minerals Act Chapter 16 Regulations on Shafts and Winders (now incorporated under MHSA Regulation 8.13), amendments to MHSA Chapter 16 Regulations on Rescue, First Aid and Emergency Preparedness and Response.

Amended regulations on MHSA Chapter 14 (Protection of surface and workings) and Chapter 17 (Surveying, Mapping and Mine Plans) have been circulated for comment, and are expected to be published in early 2026, along with the introduction of the MHSA Amendment Bill in the National Assembly. “The MHSA Amendment Bill amendments are significant and have far reaching consequences for mining companies, the Chief Executive Officer, and other senior appointees,” says Eben.

Beech Veltman is a proud sponsor of Africa Legal's Annual GC Forum Extractives taking place on the 11 February 2026 in Cape Town under the theme “Africa’s Critical Core | Minerals, Markets & Global Collaboration”. This event is free for;

- Mining and energy GCs and in-house legal teams

- Mining and energy professionals in leadership, risk and compliance roles 

- Government relations, policy and regulatory professionals 

- Investors and financiers in the mining and energy sectors 

- NGOs and academia 

To register click here (All registrations are subject to approval)