Mines And Works Act
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The Mines and Works Act was a piece of legislation in
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
, originally passed in 1911, amended in 1912 and 1926 before undergoing further changes in 1956 and 1959. This act legally established South Africa's employment "
colour bar Racial segregation is the separation of people into racial or other ethnic groups in daily life. Segregation can involve the spatial separation of the races, and mandatory use of different institutions, such as schools and hospitals by people ...
." and was enacted to establish the duties and responsibilities of workers in Mines and Works in
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
.


Colour Bar Act Reference

This act (with/without/or its amendments) is sometimes referred to as the Colour Bar or the Colour Bar Act. The term colour bar, however, usually refers to a group of labor practices, informal trade union practices, government regulations, and legislation, all of which were developed over time to prevent blacks from competing for certain categories of jobs monopolized by whites.


Original 1911 Act

This act included various regulations which gave "white workers a monopoly of skilled operations". However, The Act did not specify that
Black South Africans Bantu speaking people are the majority ethno-racial group in South Africa. They are descendants of Southern Bantu-speaking peoples who settled in South Africa during the Bantu expansion. They are referred to in various census as ''blacks'', or ...
should be discriminated against in any way. Indeed, it made no mention of race or colour. Nor did it specifically and clearly give the government Mining Engineer powers to introduce a legal colour bar. But under section 4(n) it gave the Governor-General powers to grant, cancel and suspend certificates of competency to mine managers, mine overseers, mine surveyors, mechanical engineers, engine-drivers and miners entitled to blast. It also gave them the power to decide which other occupations should be required to possess certificates of competency


Mines & Works Regulations Act of 1912

Some or other commission had criticized mine managements for employing large numbers of unskilled whites 'often entirely ignorant of mining, and whose principal and often only recommendation is their physical fitness and their suitability for rough work'. Yet when the commission reported in 1910, it submitted draft regulations that were heavy with colour bars. Some appeared in the interpretation of terms, as when the words 'white person' were inserted in the definition of banksman, onsetter, ganger and mine manager. Some took the form of an injunction to employ only whites in specified occupations, such as blasting, running elevators, driving engines, supervising boilers and other machinery; or as shift boss and mine overseer. Furthermore, only whites would be allowed to obtain the certificates of competence required, for instance, by engine drivers and boiler attendants. With some modifications, these draft regulations served as model for the Mines & Works Regulations Act of 1912.


Mines & Works Amendment Act of 1926

In contrast to the 1912 Regulations, this Act bracketed Coloured with whites in a position of privilege. For there was no question of segregating the coloured who spoke the Afrikaner's language, shared his outlook and stood closer to one than to the black population. Furthermore, the key section of this act "stated that the minister, before announcing regulations for issuing certificates of competency (including the key blasting certificate, for nearly a century of license of the white miner), should seek the advice of the owners and of the organizations whose members hold a majority of the certificates, that is, the white unions, including the Mine Worker's Union. He was to do this through the formation of advisory committees." This act was further revised in 1956 to deal with the declaration of work in the national interest.


Mines and Works Act, 1956

The following is a brief description of the sections of the Mines ans Works Act of 1956: ;Section 1 Defines the meaning of certain keywords in the Act. ;Section 2 Defines the appointment of a government mining engineer, inspectors of mines, machinery, and explosives by the governor-general. ;Section 3 Defines the inspectors powers appointed in section 2, the right to enter mines or works at any time, powers granted to improve bad practice, and the appeal process of inspectors decisions via the government mining engineer. ;Section 4 Defines the jurisdiction of inspectors to try certain offences, issue and collect fines, and the appeal process against findings or sentences. ;Section 5 Defines the inspections rights and procedures concerning holding inquiries into accidents and other matters. ;Section 6 Defines rights of the inspector, with regards to section 4 and 5, to summon witnesses to give evidence and production of documents, conduct cross-examination, issue fines for failing to attend, comply or disrupt inquiries, administer oaths with the laws for perjury applying to testimony. ;Section 7 Defines it as punishable offence to obstruct or to deliberately fail to assist the inspector or officials. ;Section 8 Defines the government mining engineers right to grant persons the right to drive and use connecting tunnels, shafts, inclines or excavations on any persons land, and that persons duties to the land owner where permission has been granted. ;Section 9 Defines the conditions permitting work on mines and works with regard to the restrictions to work on Sundays, Christmas Day, and Good Friday. ;Section 10 Defines the of hours of employment for mines and works and the provisions and exemptions of when those hours can be overworked. ;Section 11 Defines the age restrictions for employing juveniles under sixteen and females. ;Section 12 Defines the type of regulations the governor-general can make for proper workings of mines, works and their management, granting and removal of certificates of competency to persons other than black workers. Make different regulations for provinces, districts, individual mines and works. ;Section 13 Defines the abilities of mines and works managers to make special rules for order and discipline as long they were not inconsistent with Act, the rules for publishing the special rules and defines what happens if disobeyed. Defines the procedure to objecting to them and the Minister's automatic right to disallow any rules created or have them modified. ;Section 14 Defines the penalties for fraudulent certificates of competency. ;Section 15 Defines the penalties for endangering safety or causing serious bodily injury. ;Section 16 Defines the offences that are not expressly provided for. ;Section 17 Defines the penalties that are not expressly provided for. ;Section 18 Defines increased penalties for conviction under section 13 concerning safety and endangerment violations, penalties from section 15 apply. ;Section 19 Defines the increased jurisdiction of magistrates' courts. ;Section 20 Defines the repeal of sub-section (2) the Mines and Works Act, 1911 (Act No. 12 of 1911), the Mines and Works Act, 1911, Amendment Act, 1926 (Act No. 25 of 1926), the Mines and Works (Amendment) Act, 1931 (Act No. 22 of 1931), and the Mines and Works (Amendment) Act, 1934 (Act No.5 of 1934) ;Section 21 Defined the name of the Act.


See also

* :Apartheid laws in South Africa *
Apartheid in South Africa Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...


References

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External links


African History: Apartheid Legislation in South Africa
* https://omalley.nelsonmandela.org/omalley/index.php/site/q/03lv01538/04lv01646/05lv01736.html Mining law and governance Apartheid laws in South Africa 1911 in South African law