Asbestos in South Africa: A Legacy of Hazard and the Imperative of Strict Compliance

For much of the 20th century, South Africa was a global leader in asbestos production, mining the toxic fibres from the Northern Cape to Mpumalanga. Although the last commercial mines closed in 2002, the country is still grappling with the deadly legacy of this material. From the vast asbestos-cement roofs of schools, homes, and factories to the thermal insulation in old buildings, the threat of exposure remains a harsh reality for workers, contractors, and property owners. 

Understanding the legal requirements for managing asbestos is not merely a matter of compliance; it is a matter of life and death. This article explores the critical legal framework governing asbestos in South Africa, focusing on employers’ duties and the consequences of non-compliance. 

The Regulatory Landscape: A Shift from Use to Abatement 

South Africa’s approach to asbestos has shifted dramatically from widespread use to strict prohibition and control. In November 2008, the government introduced regulations banning the use, manufacturing, import, and export of asbestos and asbestos-containing materials (ACMs). However, the regulations allow for the continued use of existing materials, such as asbestos-cement roof sheets, already in place, with the clear understanding that these should be replaced over time. 

The 2008 asbestos regulations laid the groundwork for the revised Asbestos Abatement Regulations, 2020, which were issued in terms of the Occupational Health and Safety Act (OHSA) of 1993. These regulations create a comprehensive system for managing asbestos in the workplace, placing the burden squarely on employers and property owners. Compared to earlier frameworks, the 2020 regulations introduced stricter requirements for asbestos inventories, risk assessments, management plans and accredited training for removal teams. 

Simultaneously, the government is tightening exposure limits. Amendments to the Mine Health and Safety Act, published in Government Gazette No. 52388 on 1 April 2025 and effective 90 days thereafter, reduced the prescribed occupational exposure limit for airborne pollutants, including asbestos. Under the previous MHSA framework, the occupational exposure limit for all forms of asbestos was 0.2 fibres per millilitre (f/ml) over an 8-hour work shift. The 2025 amendments have lowered this uniform limit to 0.1 f/ml over an 8-hour shift.  

This marks a significant regulatory shift, as previous limits allowed higher exposure thresholds that are now considered unsafe. 

Key Legal Duties for Employers and Property Owners 

The Asbestos Abatement Regulations, 2020, set out a clear, step-by-step process for anyone who owns, occupies, or manages a property where asbestos is present. Failure to follow these steps is a criminal offence. 

1. Identification and Inventory

The first legal duty is to know where asbestos is located. Every employer or self-employed person must ensure that a competent person identifies all ACMs at the workplace. If there is any uncertainty, the material must either be deemed to contain asbestos or be sampled and analysed by an accredited laboratory.  

This information must be compiled into a detailed asbestos inventory, which serves as the foundation for all subsequent management actions. 

2. Risk Assessment and Management Plan

Once asbestos is identified, the employer must implement an asbestos risk assessment to categorise the risk posed by the material. The key factor is the condition of the asbestos. Asbestos in good, undisturbed condition poses a lower immediate risk than damaged or deteriorating materials. 

Based on this assessment, a comprehensive asbestos management plan must be developed. This plan details how the risks will be managed, including timelines for removal, and must be approved by the Department of Employment and Labour. 

3. The Duty to Protect Workers and Others

The regulations impose a strict duty of care. Employers must ensure that no employee is exposed to asbestos dust above the occupational exposure limit (OEL) of 0.1 fibres per millilitre of air. Where exposure is possible, control measures must be implemented. 

Employee exposure to asbestos fibres typically occurs during demolition, renovation, maintenance, or any activity that disturbs asbestos-containing materials. Workers most at risk include construction workers, electricians, plumbers, roofers, and maintenance staff who unknowingly drill, cut, or handle ACMs. Even brief, low-level exposure has been linked to mesothelioma and lung cancer, with symptoms often taking 20 to 40 years to appear. 

In addition, medical surveillance is mandatory for employees who are or may be exposed. Employers must keep these medical records for 40 years from the last date of exposure. 

4. Practical Handling Requirements

When asbestos must be handled—whether for removal, repair, or sampling—strict safety protocols must be followed. These include wetting materials to suppress dust, using hand tools rather than power tools where possible, wearing appropriate respirators (at least P2 or P3 filters) and disposable protective clothing, and decontaminating through designated change areas.  

Only competent persons accredited by the Department of Employment and Labour may perform any Type 2 or Type 3 work. 

5. Licensing and Work Classification

Not all asbestos work is equal. The regulations classify asbestos work into three types: 

• Type 1 covers small-scale work, like removing less than 10 square metres of asbestos cement sheeting or painting asbestos products without causing fibre release, once every 6 months. 

• Type 2 involves the removal of larger quantities of asbestos cement products or insulating board and requires the contractor to be registered. 

• Type 3 is for the most hazardous work, including the removal of friable (easily crumbled) asbestos and insulation, and requires a registered contractor. 

Notably, the employer or property owner retains ultimate liability, even when a registered contractor is appointed. Appointing a registered contractor does not transfer legal responsibility. 

6. Emergency Procedures

In the event that asbestos is accidentally disturbed—for example, by a worker drilling through an asbestos-cement roof or a ceiling collapsing—the area must be evacuated immediately, sealed off to prevent access, and only a licensed Type 3 contractor may conduct remediation. No untrained person should re-enter the area until a clearance certificate has been issued. 

7. Safe Disposal

Asbestos waste cannot be dumped in any landfill. It must be disposed of only at a site designated by the local or provincial authority for asbestos waste.  

The entire removal and disposal process must be certified with an asbestos clearance certificate, which verifies that the area is safe for reoccupation. 

8. Record-Keeping and Penalties

Employers should be aware that the regulations impose long-term record-keeping obligations. Asbestos inventories, risk assessments, management plans, medical surveillance records, and clearance certificates must be kept for 40 years from the last date of exposure. Failure to produce these documents during an inspection constitutes a separate offence. 

Under OHSA, penalties for non-compliance include fines of up to R50,000 or imprisonment not exceeding one year, with repeat offenders facing double these penalties. 

The Consequences of Non-Compliance: The Free State Asbestos Scandal 

The legal duties surrounding asbestos are not merely bureaucratic red tape; they are enforced with the full weight of the law. Perhaps the most striking example of this is the ongoing Free State asbestos tender scandal. 

In 2014, the Free State Department of Human Settlements awarded a tender worth over R230 million for the removal of hazardous asbestos roofing. The contract was awarded irregularly, and investigations revealed that most of the work was never completed, despite millions being paid out. 

In March 2026, the National Prosecuting Authority (NPA) secured a final forfeiture order of R32 million in assets linked to the scandal. The High Court found that luxury properties in Sandton and Hartbeespoort, as well as high-end vehicles, were purchased with funds diverted from the asbestos tender and constituted the proceeds of unlawful activities, including fraud, corruption, and money laundering. 

More critically, because the removal work was never properly completed, workers and residents may have remained exposed to hazardous asbestos fibres for years. The case, which involves high-profile political figures, underscores the severe financial and legal consequences of flouting asbestos regulations. It demonstrates that authorities are aggressively pursuing not only the health and safety violations related to asbestos but also the corruption that often accompanies state-funded abatement projects. 

In Summary 

For property owners, employers, and managers in South Africa, asbestos is a multifaceted liability. It is an occupational health hazard that can cause fatal diseases like mesothelioma and asbestosis decades after exposure. It is also a legal minefield, with regulations demanding a proactive, documented approach to its management. 

The path to compliance is clear: identify, assess, manage, and remove. With strict new exposure limits, a licensing regime for contractors, and a judiciary willing to hand down severe penalties for graft and negligence, the message from regulators is unambiguous. Ignoring the presence of asbestos is no longer an option. Even residential property owners who are not formal employers may still have duties under municipal by-laws and the National Environmental Management: Waste Act. 

In South Africa, safe asbestos management is not just good practice; it is the law, and the cost of non-compliance extends far beyond any fine, reaching into the realms of public health, corporate integrity, and criminal liability.