Towards a Framework for Regulating the Sustainability of Mine Hospitals: A Legal Perspective

Mining sites are often located in rural and remote communities where healthcare services are either unaffordable or unavailable to mine employees. To address this problem, mining companies may elect to establish and manage mine hospitals to provide vital healthcare services to their employees and the surrounding communities. Mining companies often have the financial capacity to establish state-of-the-art facilities with medical equipment and technology required for the diagnosis and treatment of diseases, including diseases prevalent in the mining industry. The role of mine hospitals extends beyond the development of health infrastructure and the provision of healthcare services. Mine hospitals contribute to the economic development of mine-affected communities. Mine hospitals create employment opportunities that increase disposable income in mine-affected communities and boost local economic activities. Additionally, mining companies can promote local procurement by purchasing goods and services needed for their mine hospitals from local suppliers. Notwithstanding the positive socio-economic impacts of mine hospitals in mineaffected communities, the closure or ownership and management transfer of mine hospitals can have adverse effects on mine-affected communities. These adverse effects include the poor management of mine hospitals, the termination or suspension of healthcare services, and job losses. Therefore, responsible mine hospital closure and transfer practices must be implemented by mining companies to prevent or minimise these adverse effects. This minor dissertation examines the history, role, and function of mine hospitals in mine-affected communities in South Africa. It evaluates the positive and negative (specifically mine hospital closures and ownership and management transfers) impacts of mine hospitals on mine-affected communities. Based on the role and function of mine hospitals and their impacts on mine-affected communities, the dissertation recommends that certain aspects of mine hospitals are governed differently from general private hospitals and standard workplace-based systems. It proposes specific legislative requirements and procedures for the establishment, ownership and management transfer; and closure of mine hospitals. Additionally, the dissertation makes recommendations on the roles of the government, mining companies, and mine-affected communities in the establishment, transfer, and closure processes.

Grantor

Department of Private Law

Year dc:date.issued

2020

Author dc:creator

• Kabuzi, Doreen Nabisere

Advisor dc:contributor.advisor

• Mostert, Hanri

• Mineral Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/32282

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/32282