Share

Why silicosis judgment is important

Johannesburg - The Treatment Action Campaign (TAC) and SECTION27 welcomed the judgment handed down by Deputy Judge President Mojapelo on Friday in the South Gauteng High Court in the case of Bongani Nkala and 68 others against Harmony Gold and 31 Others.

The groups regard the judgment as an important step toward what they deem as providing just compensation for the many thousands of miners who contracted silicosis or tuberculosis on South Africa’s gold mines.

The South Gauteng High Court has allowed the claimants to proceed with a class action seeking damages from mining companies for lung diseases they contracted while working at their operations.

The court certified two classes, namely gold miners and former gold miners who have contracted silicosis and those who have contracted TB. The class criteria require that a person worked underground in the mines for at least two years since 1965 and contracted either disease.

The lawsuit, unless settled, will have to proceed to trials in which common issues relevant to all class members will be determined.
 
"Today’s judgment is also important for all vulnerable people in South Africa. A class action is a powerful mechanism by which poor or vulnerable people can access justice. It is, however, not commonly used in South Africa," the TAC and SECTION27 said.

"This judgment helps those who do not have resources on their own to pool efforts in order to access justice. It recalibrates the balance of power to give the poor a better chance of holding the powerful to account."

The TAC and SECTION27 emphasised that, while the judgment is important in its own right, it also has far reaching implications "for the prospects of the poor who seek to challenge the powerful". The court’s ruling is also important for women and children who survive mine workers.

After the ruling, a representative of claimants, Charles Abrahams said  the ruling is a major victory and also sends out a very important signal to mining companies and potentially other industries "that courts are very serious about SA's constitutional democracy and about protecting the rights of the most vulnerable".

"The is potentially still a long road forward. We trust the mining companies will take heed. No more mine workers have to die," he said.

At the same time, a group of six mining companies issued a statement to caution that it is important to note that the court finding enabling a silicosis class action does not represent a view on the merits of the case brought by claimants.

The collective statement was on behalf of the Occupational Lung Disease Working Group - representing African Rainbow Minerals, Anglo American, AngloGold Ashanti, Harmony and Sibanye Gold.

The companies said they are studying the court’s decision and each company is yet to decide whether to lodge an appeal against the finding.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Rand - Dollar
19.05
-0.8%
Rand - Pound
24.04
-0.6%
Rand - Euro
20.55
-0.4%
Rand - Aus dollar
12.37
-0.2%
Rand - Yen
0.13
-0.7%
Platinum
901.20
+0.5%
Palladium
997.97
-0.4%
Gold
2,206.11
+0.5%
Silver
24.64
-0.0%
Brent Crude
86.09
-0.2%
Top 40
68,067
+0.6%
All Share
74,267
+0.5%
Resource 10
56,746
+2.0%
Industrial 25
103,647
+0.4%
Financial 15
16,482
-0.3%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE
Government tenders

Find public sector tender opportunities in South Africa here.

Government tenders
This portal provides access to information on all tenders made by all public sector organisations in all spheres of government.
Browse tenders