58-year-old law governs mine safety in Namibia

Namibia's mining industry continues to operate under health and safety regulations established by the Mines, Works and Minerals Ordinance, 1968 (Ordinance No. 20 of 1968), with a modern replacement unable to take effect until parliament passes the long-awaited Minerals Bill.

The revelation emerged at the inaugural Chamber of Mines Safety Conference on Tuesday, held as part of the 2026 Namibia Mining Expo and Conference at the Windhoek Showgrounds.

Addressing delegates, Chamber of Mines president George Botshiwe said the industry's current mine health and safety regulations still derive from the 1968 ordinance, despite dramatic changes in mining technology, operational practices and international safety standards over nearly six decades.

"As our industry continues to grow, to innovate and to embrace new technologies, it is essential that our legislative framework evolves in tandem, supporting a health and safety regime that reflects the realities, risks and opportunities in modern industries," he said.

Botshiwe said the chamber's health and safety committee and the Office of the Chief Inspector of Mines have spent several years drafting a new set of mine health and safety regulations designed to replace the existing framework.

He said the proposed regulations have been drafted to align with current international standards and industry best practice.

They are intended to replace what he described as "the very outdated mining health and safety regulations".

However, he said the new regulations cannot be implemented until the Minerals Bill has been enacted.

"These regulations can only be brought into force once the Minerals Bill has been legislated, which will empower the honourable minister to gazette and implement these regulations," Botshiwe told delegates.

Safety bolstered

Despite operating under legislation dating back nearly six decades, Chamber of Mines member companies have recorded significant improvements in workplace safety over the past decade.

Chairperson of the Chamber's health and safety committee, Barcelona Tsauses, said the all-injury frequency rate declined from 21.9 in 2014 to 9.72 in 2025, representing a 57% improvement.

Both the disabling injury frequency rate and the lost-day injury frequency rate were reduced by 50% over the same period, she added.

She attributed the improvements to sustained investment in leadership, robust safety management systems, peer reviews and the sharing of best practice across member operations.

Tsauses said Namibia's mining industry recorded five fatalities between 2020 and 2026 across both chamber and non-chamber operations.

However, four of those five fatalities occurred at non-chamber mines, prompting the chamber to work with the Office of the Chief Inspector of Mines to extend its expertise beyond its membership.

She said the health and safety committee has been visiting non-member operations to assess their safety management systems, evaluate workplace practices and share best practice aimed at reducing fatalities across the wider mining industry.

Modern legislation

Acting deputy director for mines and safety Presley Kamuvi said regulators had already concluded that the existing health and safety regulations are outdated and that the drafting process deliberately incorporated international best practice to bring Namibia's mining sector in line with modern standards.

He noted that regulations can be amended more readily than Acts of Parliament, making it easier to keep pace with technological and operational changes once the new legal framework is in place.

Simataa explained that the 1968 law still provides the legal basis for protecting the health and safety of employees and other persons at mines, while setting out enforcement powers, inspection systems and the duties of employers and employees.

Legal practitioner Zeka Alberto, who also addressed the conference, said Namibia's mining industry currently operates under several overlapping legal instruments, including the Constitution, the Labour Act and regulations issued under the 1968 ordinance.

In the Chamber of Mines' 2025 Annual Review, Botshiwe also warned that unresolved policy and legislative matters, including the Minerals Bill, continue to create regulatory uncertainty that could discourage investment.

Introduced under the theme 'Safety for a Resilient Tomorrow', this week’s annual conference brought together mining executives, regulators, legal experts, health and safety practitioners and government officials to examine leadership accountability, legal compliance, contractor management, road safety, mental health and the development of a stronger safety culture across Namibia's mining industry.

The three-day Namibia Mining Expo and Conference, running from 4 to 6 August, has attracted a record 222 exhibitors occupying 397 exhibition spaces, making it the largest event in the expo's history.