The South African Labour Court has upheld the dismissal of a mine overseer who failed to enforce critical underground safety standards and later altered an official inspection report, Mining Zimbabwe can report.
By Rudairo Mapuranga
Godfrey Rasmeni, a mine overseer at Seriti Coal’s New Denmark Colliery, was dismissed after a routine audit on 3 April 2019 uncovered serious safety deviations in an underground work area known as “Split Thirty-One”.
The audit found that the area had not been properly supported, with critical roof support equipment (Oslo straps) missing. Several roof bolts had not been fitted, and telltale monitoring devices used to detect roof movement were absent. Unsafe areas had not been barricaded, and a required support sign-off book was missing.
The deviations were classified as “Class A” hazards – so serious that work should not continue in the affected area until the issues were corrected.
Beyond the safety failures, Rasmeni was found to have failed to inspect and sign the shift boss logbook daily for more than a week, despite acknowledging that the law required him to do so. The court also heard evidence that he had altered the date on an inspection report from 10 April to 1 April, allegedly to create the impression that he had inspected the area before the dangerous conditions were identified.
An earlier arbitration ruling by the CCMA had accepted that Rasmeni committed misconduct but concluded that dismissal was unfair because other mine overseers received lesser sanctions for similar conduct.
Judge Reynaud Neil Daniels overturned that ruling, finding that dismissal was both procedurally and substantively fair. The judge stressed that consistency in discipline does not mean identical outcomes in every case and that employers may impose harsher sanctions where misconduct is materially more serious.
The court found that Rasmeni had failed to discipline subordinates, failed to urgently address life-threatening safety deviations, and appeared to treat dangerous underground conditions as routine.
Similar legal position in Zimbabwe
Under Zimbabwean law, Mine Managers and overseers carry a direct, personal responsibility for health and safety on site. The Mining (Management and Safety) Regulations (S.I. 109 of 1990) require every mine to have a manager who must ensure compliance with safety regulations. Daily inspections and proper logbook records are mandatory. Failure to enforce safety standards, falsify records, or address known hazards can result in dismissal and, in serious cases, criminal liability. Zimbabwean courts have consistently upheld dismissals where managers breach their statutory safety duties.
