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by OG » Mon May 06, 2019 8:46 pm
Some years ago, the Department of Mineral Regulations, the regulator of the mining industry, had inspectors that would conduct ad hoc safety inspections at mines, and would stop entire mines for days or weeks because of sometimes minor infringements, citing safety concerns. I had my business shut down for a week because I did not provide an inspector with a R500 pair of safety shoes. This cost the industry billions and continued for years, because the DMR thought themselves to be above the law. There were negotiations and workshops and and trying to be nice, until one mining group sued the Department, the Principal and the inspector, jointly and severally and won.
Overnight the attitude changed, and the hammer and stick approach by the department became one of engagement and co-operation. They now issue notices to comply, and depending on the severity of the transgression, the mine is given time to make representations, debate the issue or take corrective action.
This Cemair episode has been ego driven from both sides (CEO's have to defend their business), but sometimes those being regulated have to make a stand against over-reach by burocrats.
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