Cape Town - A damning report recommending criminal prosecution against Rheinmetall Denel Munition (RDM) for the 2018 explosion, which claimed the lives of eight employees, has apparently been gathering dust at the Department of Labour and Employment for months, the Cape Times has reliably learnt.
The report from the Section 32 inquiry was delayed after it had surpassed its deadline in July last year. This publication has seen a copy of it.
It appears to have been finalised in August 2022, and details a number of Occupational Health and Safety contraventions.
The department, however, would not yet officially confirm if this was a finalised report.
The September 3, 2018 incident shook the nation when the eight employees were killed in the explosion at the Somerset West site shortly after the second shift of the day took over at about 3.20pm.
Nico Samuels, 41, team leader Stevon Isaacs, 51, operators Mxolisi Sigadla, 40, Bradley Tandy, 19, Jamie Haydricks, 24, Jason Hartzenberg, 22, Triston David, 22, and Thandolwethu Mankayi, 27, were killed in the explosion.
The report details a number of contraventions, including the “failure to conduct the risk assessment when installing a new iris valve which is deemed as the modification by the employer”.
RDM specialises in the development, design and manufacture of large- and medium-calibre ammunition.
Inquiry chairperson, Mphumzi Dyulete, made a recommendation for criminal prosecution and said that he “(considered) the incident was caused by an act of omission of criminal nature on the part of Rheinmetall Denel Munition (Pty) Ltd, as represented by Norbert Schultze the chief executive officer at the time of the incident.”
The afternoon shift changed from blending STE38 to CBI and this blending process occurred at the building where a blending drum was coupled with flanges and gasket into the valve.
Evidence heard during the inquiry revealed that the Friday before the incident, which occurred on a Monday, a valve was changed from a butterfly valve to an iris valve.
The company, according to Dyulete, had failed to “develop the risk assessment for the modification of the valve, develop the safe work procedures for the modification of the CBI and develop, refurbish and upgrade the structures and/or the facilities to meet the requirements of the current standards”.
Labour department spokesperson, Teboho Thejane, said: “Please note that a report has been written by our provincial colleagues, and recently submitted to headquarters for evaluation and processing. As soon as that is completed a way forward will be decided and we can then communicate. As soon as I am made aware when communication can be shared I will co-ordinate accordingly.”
Thejane would not confirm further details when probed about the recommendation for prosecution made in the report.
Numerous enquiries made to RDM were unanswered by deadline on Thursday.
The families of the eight victims, through their legal team, have undertaken a PAIA application process to get the details of the finalised report and to have it made public.
Advocate Winston Erasmus confirmed that the PAIA application process has started.
Widow of slain Nico Samuels, Tracy Samuels, said the new development gave them hope that they were closer to getting the closure they needed.
Cosatu regional spokesperson Malvern de Bruyn, said they were reliably informed about the release of the report of the Section 32 inquiry.
“We are now calling on the authorities for a proper and thorough investigation and to ensure that whoever is responsible, be brought to book. We have lost workers and families were deprived of an extra income. Today we are vindicated in our allegation that the company must take responsibility.
They are to blame for the loss of life.
“At least now, the authorities can work from the document that is in front of them, to ensure that justice prevails,” said De Bruyn.
Cape Times