TC Smelters (Pty) Ltd and Another v The Minister: Department of Mineral Resources and Energy and Others

Samancor Chrome Limited held a mining right and conducted mining operations on Buffelsfontein Farm in the North West Province. TC Smelters (Pty) Ltd separately owned and operated smelting facilities on the same farm but did not hold a mining right. Following a business rescue process, the mining right and mining assets were separated from the smelting assets. Despite this separation, the Department of Mineral Resources and Energy continued to treat the smelting operations as part of the mining operations regulated under the Mine Health and Safety Act 29 of 1996 (MHSA). TC Smelters contended that its smelting operations did not constitute a ‘mine’ under the MHSA and should instead be regulated under the Occupational Health and Safety Act 85 of 1993 (OHSA). The appellants approached the Gauteng Division of the High Court seeking declaratory relief that the MHSA did not apply to the smelting operations.

The appeal was dismissed. The order of the High Court was set aside and substituted with an order striking the application from the roll with costs. The appellants were ordered to pay the costs of the appeal, excluding costs related to the late filing of the respondents’ documents.

The case clarifies that disputes about whether activities fall within the scope of the MHSA constitute disputes about the interpretation or application of that Act and fall within the exclusive jurisdiction of the Labour Court. It reinforces constitutional principles on jurisdiction, confirms a purposive interpretation of s 82(1) of the MHSA, and discourages forum shopping. The judgment strengthens the role of specialist labour courts in developing coherent mine health and safety jurisprudence.