On Friday, 22August2025, Notice GN.6532 was published in Government Gazette No.53210 in terms whereof the Minister of Employment and Labour published Draft General Machinery Regulation2025 ("theDraftGeneralMachineryRegulations") for comment.
The notice invites affected and interested persons to submit any comments on the Draft General Machinery Regulations, in writing, utilising the form provided in annexure A of such notice within 90 days from the date of publication of the notice (i.e. by Thursday, 20November2025).
The Draft General Machinery Regulations are intended to repeal the General Machinery Regulations published under Notice R1521 in Government Gazette No.11443 of 05August1988 ("theCurrentGeneralMachineryRegulations") when promulgated.
The Draft General Machinery Regulations amend provisions of the Current General Machinery Regulations. We highlight some examples of these amendments below.
- With reference to the requirement to appoint a
"competentperson" in terms of regulation2 of the
Draft General Machinery Regulations, the following changes are
included:
- The definition of "certifiedengineer" is amended to be in line with Regulations Concerning the Certificate of Competency which were promulgated after the Current General Machinery Regulations. The definition excludes a person who is a holder of a certificate of competency in mechanical or electrotechnical engineer issued before 01January1963 in terms of the repealed provisions of the Mines and Works Act,1956.
- The definition of a "competent person" is proposed to be amended to recognise (alongside apprenticeship) accredited learnerships.
- Regulation2(1) of the Draft General Machinery Regulations requires the appointment of a competent person on a full-time basis for the supervision of machinery at every premise on which machinery is being used. The Draft General Machinery Regulations provides that' "...where machinery such as power lines, pipelines, communication and other related equipment that cross borders in different provinces/areas, the machinery is deemed to be on one premises". It appears that power lines, pipelines and communication and other related equipment is classified as machinery.
- Regulation2(4) of the Draft General Machinery Regulations proposes to amend minimum and maximum kilowatt of power generated from sources which now include hydropower, wind-power and photovoltaic (solar) power.
- Regulation2(5) of the Draft General Machinery Regulations proposes to change the minimum and maxim kilovolt-ampere for machinery used in the premises, if such machinery is used solely for the generation and distribution of electricity corresponding to the level of qualification of the supervisor of machinery to be appointed.
- The Chief Inspector will have no authority to grant an employer permission to designate a person who holds any other qualification than those recognised for a "competentperson" to supervise machinery (regulation1 of the Draft General Machinery Regulations and regulation2(6) of the Current General Machinery Regulations).
- Regulation6(2) of the Draft General Machinery Regulations obligates an employer to provide means of locking-out machinery driven by an electric motor for same to be inoperative whilst repairs or adjustments are being made thereto.
- The penalty provision of the Draft General Machinery Regulations does not prescribe the maximum fine payable upon conviction for contravention of a provision, however, stipulates a period of imprisonment of 6 months. In respect of a continuous offence, the regulations provide for an additional fine and additional imprisonment of one day for every day that the offence continues provided that the additional imprisonment shall not exceed 90 days. The determination of an appropriate period of imprisonment shall "...be determined by the Justice system."
All representations and comments must be sent to the Director-General of the Department of Employment and Labour, through the channels detailed in the notice.
Clickhereto view a copy of the notice and the Draft General Machinery Regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
