R v Rouffignac [1914] ZATPD 5 (30 January 1914)

Mines and minerals.-Act 12 of 1911, secs. 4 and 5.-Powers of Governor-General to make reegulations.-Mines, Works and Machinery Regulations, 1911, sec. 176 (2).-Instruction posted by manager of mine.

Sec. 4 (l) of Act 12 of 1911 authorised the Governor-General to make regulations for the safety and health of persons employed in or about mines. Sec. 176 (2) of the Mines, Works and Machinery Regulations, 1911, so made, provided 12 REX v. ROUFFIGNAC. penalties for any person who failed to obey any instructions in the interest of safety posted in or about the mine by the manager. Held, that sec. 176 (2) was ultra vires the powers of the Governor-General and that an instruction so posted by the manager and not approved in accordance with sec. 5 of Act
12 of 1911, was invalid.