Silicosis Settlement Agreement
A pioneering agreement was reached in May 2018: R5 billion that will be paid over a 13-year year. Six mining companies are participating in the agreement: African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater. With respect to the transaction agreement, miners who worked between March 12, 1965 and December 10, 2019 in mines operated by one of the six companies may be entitled to compensation. Compensation for qualified minors depends largely on the degree of lung injury suffered by the ex-minor or the results of a post-mortem lung examination. While the wheels slowly turned in the first collective action of its kind in South Africa, miners affected by occupational lung diseases such as silicosis and tuberculosis through work in South Africa`s gold mines will soon be compensated by the companies for which they worked. Michael Murray, President of the OLD Working Group (which acts as a platform to involve all interest groups, including mining companies and unions, regulators, health professionals and others), said in the media briefing that the regulation was much better developed and performed better than any outcome that plaintiffs` lawyers or mining companies could have achieved and could serve as a model for future litigation. Compensation for workers with occupational illnesses is the result of a three-year negotiation process between Richard Spoor Inc., Kiewitz Inc. of Abraham. and the Legal Resources Centre – which represents the plaintiffs in the class action for silicosis and tuberculosis – and the Occupational Lung Disease (OLD) Working Group – African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony Gold Mining Company and Sibanye-Stillwater, which represents a R5 billion agreement reached on May 3, 2018. The colony is located between the Occupational Lung Disease (OLD) working group – represented by African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony and Sibanye Stillwater. The miners were represented by Richard Spoor Inc., Abrahams Kiewitz Inc. and the Legal Resources Centre. Hundreds of thousands of former miners or their families suffering from silicosis or tuberculosis in the mines will be compensated.
Photo: Dan Brown via Flickr (CC BY 2.0) Parties to the transaction submitted to a full Bank of the Supreme Court, why the court should approve the agreement on May 3, 2018. Lawyers for African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater, as well as the miners` lawyers, agreed on a transaction to compensate miners who are suffering from silicosis and/or tuberculosis while contracting one of their mines. By accepting group action, the miners recognize that they will not attempt to sue the companies as individuals for more money. Between May and July, interested parties had the opportunity to raise objections to the Tribunal.