A LAWYER representing thousands of Eastern Cape miners with an incurable lung disease could sink South Africa’s gold mining sector in what may amount to a multibillion-rand lawsuit.
Richard Spoor, who is seeking compensation for 18000 former miners in Africa, has launched the largest class action suit in South African history, putting industry giants in jeopardy of massive financial losses.
Almost a quarter of the workers come from the Eastern Cape and allegedly contracted silicosis while drilling gold-bearing rocks around the country.
Silicosis is a fatal lung disease caused by breathing in dust that contains free crystalline silica.
The class action suit involves 30 companies including AngloGold Ashanti – the biggest gold miner in the world – Gold Fields and Harmony. They all deny liability and plan to oppose the lawsuit.
Speaking to Saturday Dispatch yesterday, Spoor said he was confident his team had a strong case but hoped an amicable resolution could be reached without having to go to trial.
He said if the matter was decided by a judge, the payout would be staggering and could cripple the industry.
Spoor said the list of miners was growing everyday and the “stream of people would soon become a torrent”.
“If it goes down to the wire that judgment may very well be beyond their means.”
He said for years mines were protected by government and industry regulations.
“The companies never thought they could be held accountable to sick miners but that changed.” A landmark Constitutional Court ruling in 2011 allows suffering workers to claim compensation from their employers. This has paved the way for claims.
The application was spearheaded by late Transkei miner Thembekile Mankayi, who launched a civil action against AngloGold Ashanti in 2006.
He died just days before the Constitutional Court ruled in his favour. Spoor achieved the ruling.
The mass suit was filed in December and is likely to be heard before the end of the year.
While Spoor stated the industry should be held accountable, he added: “We are not out to bankrupt or destroy anybody but it is their mess and they should pay what is owed.” — Additional reporting by Sapa
Massive class action may bankrupt mines
Richard Spoor, who is seeking compensation for 18000 former miners in Africa, has launched the largest class action suit in South African history, putting industry giants in jeopardy of massive financial losses.
Almost a quarter of the workers come from the Eastern Cape and allegedly contracted silicosis while drilling gold-bearing rocks around the country.
Silicosis is a fatal lung disease caused by breathing in dust that contains free crystalline silica.
The class action suit involves 30 companies including AngloGold Ashanti – the biggest gold miner in the world – Gold Fields and Harmony. They all deny liability and plan to oppose the lawsuit.
Speaking to Saturday Dispatch yesterday, Spoor said he was confident his team had a strong case but hoped an amicable resolution could be reached without having to go to trial.
He said if the matter was decided by a judge, the payout would be staggering and could cripple the industry.
Spoor said the list of miners was growing everyday and the “stream of people would soon become a torrent”.
“If it goes down to the wire that judgment may very well be beyond their means.”
He said for years mines were protected by government and industry regulations.
“The companies never thought they could be held accountable to sick miners but that changed.” A landmark Constitutional Court ruling in 2011 allows suffering workers to claim compensation from their employers. This has paved the way for claims.
The application was spearheaded by late Transkei miner Thembekile Mankayi, who launched a civil action against AngloGold Ashanti in 2006.
He died just days before the Constitutional Court ruled in his favour. Spoor achieved the ruling.
The mass suit was filed in December and is likely to be heard before the end of the year.
While Spoor stated the industry should be held accountable, he added: “We are not out to bankrupt or destroy anybody but it is their mess and they should pay what is owed.” — Additional reporting by Sapa
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos