TNMC found guilty of worker�s fatal death
Lebogang Mosikare | Friday April 17, 2015 16:32
Raditsebe, who met his fatal death on August 15, 2013, was employed by Aveng Moolmans, which was sub-contracted by TNMC at its Phoenix operations.
Makgatho made the judgment in the inquest hearing of a fatal mine accident versus TNMC yesterday. The inquest hearing was convened following Raditsebe’s death. In his judgment, Makgatho said that on the day the accident occurred, Raditsebe had resumed his duties at the mine at around 11pm, where he operated a bulldozer. He was supposed to be assisted by a spotter.
“There is no doubt that no spotter was availed to assist Raditsebe. My findings are premised on the evidence of Kgomotso Mbulawa, Charles Lekoko and Six Pus One (a company sub-contracted by Moolmans) who said that Raditsebe was supposed to be assisted by a spotter when carrying out his duties all the time. This is in my view, a critical and standard safety procedure that should be observed all the time to prevent unnecessary accidents,” he said.
Makgatho added that according to the evidence of Mbulawa it was the responsibility of Six Plus One to provide the spotter.
“When Raditsebe met his untimely death, he was not provided with any spotter. I am mindful of the fact that he got out of the bulldozer when it ploughed down a 50 metre high dump waste slope. The deceased died because Mbulawa, Lekoko and Six Plus One failed to provide him with a spotter,” he stated.
Makgatho added that the absence of a spotter had highly compromised Raditsebe’s safety.
“This ruling shall be forwarded to the Directorate of Public Prosecutions (DPP) to institute proceedings against Mbulawa, Lekoko and Six Plus One,” he ruled.
Tebogo Masala of the DPP said that the Mines, Quarries and Machinery Act stipulates that a company can be held responsible for an accident, if there is substantial evidence to prove that they were irresponsible.
“The Act stipulates that TNMC will be fined P5000. If at all the family of the deceased want to sue for compensation, they can do so,” he said.