André de Ruyter – the former CEO of Eskom, recently opened a case of attempted murder after doctors traced a chemical known as “cyanide” in his bloodstream on two consecutive occasions. De Ruyter reportedly drank a cup of coffee before collapsing at the Eskom offices in Sunninghill, just hours after his official resignation as Eskom’s CEO. From a legal perspective, these reports raise questions regarding the accessibility and regulation of this substance in South Africa.

Cyanide is a poisonous chemical compound predominantly used in the gold mining industry. Traces of the substance may also be ingested through smoke from cigarettes, vehicle exhausts and, somewhat surprisingly, foods such as spinach and almonds. Accordingly, cyanide is indeed accessible, albeit through seemingly indirect means.

In terms of the Hazardous Substances Act 15 of 1973, cyanide and all associated substances which contain one-tenth percent or more of hydrocyanic acid are classified as “group IA hazardous substances”. The use of any chemicals with this classification is limited to “industrial purposes”. Moreover, the South African Department of Mineral Resources has issued a mandatory Practice Code pertaining to the management of cyanide in the mining sector. It must be noted, however, that no similar legislative provisions exist in the broader health sector.

From a comparative perspective, the “International Cyanide Code”, which has been enforced in the United States, prescribes a total ban on cyanide for personal use and strictly regulates how it can be used in the production of silver and gold. Interestingly, the state of Montana has gone a step further, imposing a complete ban on the use of cyanide, even in the mining industry.

With the above in mind, the poisoning of Mr De Ruyter’s by means of cyanide – should this be established as fact following the conclusion of a thorough investigation – may perhaps provide a timely opportunity for the country’s legislative structures to reassess whether or not this substance merits more robust regulation.

We trust that you found this article informative, please email info@hjw.co.za for any assistance regarding your legal queries.

 Written by Carmen Muir

This article is provided for informational purposes only and should not be substituted for legal advice on any specific matter. Any opinions expressed herein are subject to the law as at the time of writing and will change in accordance with any change in the law. We recommend that you contact HJW Attorneys at info@hjw.co.za directly for advice applicable to your specific matter.