On 11 October 2024, a revised Code of Practice for the Performance of Mining Engineering Work (“the COP”) was published by the Engineering Council of South Africa (“ECSA”), in Government Gazette No. 5136B, and which aims to provide guidance for good practice for Mining Engineers through classifying mining engineering work in terms of complexity and details the various categories of registration and difference competency levels required for the execution of the work.
The COP is further aimed at bridging the gap between the Engineering Profession Act 46 of 2000, as amended (“EPA”), the Identification of Engineering Work regulations (“IDoEW”), and the provisions of the Mine Health and Safety Act 29 of 1996, as amended (“MHSA”), insofar that the he EPA and IDoEW do not provide for the certificates of competency referred to in the MHSA, particularly for competent persons in rock engineering, ventilation engineering, and surveying.
In terms of the COP, there are three categories of engineering problems which have been identified, and which will require different competency levels to be addressed, namely:
- “Complex”, being your novel, abstract and require experienced and out of the box thinking to formulate suitable models, and involve wide-ranging or conflicting issues;
- “Broadly Defined” are those problems are often poorly specified and require identification and interpretation of engineering technology, and which can exist within Complex engineering problems but are capable of being solved in well-accepted, innovative and sustainable ways; and
- “Well-Defined” are problems that can be solved in standardised or prescribed ways which are largely covered by standards, codes and documented procedures.
As can be seen above, there is an interplay between the categories, and therefore requires the cooperation and collaboration of different types of engineering practitioners to solve the different problems. Furthermore, the COP defines competency categories for mining engineering practitioners themselves, and which are –
- “Junior” (< 3 years’ experience and capable of executing “Well-Defined” systems);
- “Senior” (5-10 years’ experience and capable of executing “Broadly Defined” systems); and
- “Competent” (> 10 years’ experience and capable of executing “Complex” systems).
Sections 5.2, 5.3, 5.4 and 5.5 further detail a process flow of projects covered by the COP and the responsibilities placed on the rock engineering, mining engineering, and mine ventilation engineering professionals, and the process flow being Project Definition, Project Execution, Mining Operations and Closure and Rehabilitation respectively.
Lastly, the COP defines risk categories (low, medium and high), and sets out what it defines the impact of the particular risk on the project, its deadlines, health and safety requirements, stoppages and even media coverage.
Overall, the COP shall be administered by the ECSA, and who will no doubt be doing so collaboratively with the DMRE, to ensure a smooth transition in the implementation of the COP, and which we shall continue to monitor and provide updates on, as and when applicable.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.