IMPORTANT NOTICE – SILICOSIS AND TB CLASS ACTION
WHO IS INCLUDED IN THE SETTLEMENT? WHAT IS THE EFFECT OF THE SETTLEMENT?
The Settlement Agreement in the Silicosis and Tuberculosis class action reached between six settling mining companies - African Rainbow Minerals, Anglo American SA, Anglogold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater – and the claimant attorneys, was approved by the High Court in Johannesburg on 26 July 2019 and came into effect on 10 December 2019 after all conditions had been fulfilled. All claims made against the settling mining companies and their affiliates arising from or related to Silicosis and Tuberculosis, including the class action that was initiated before the High Court, are settled in accordance with terms of the Settlement Agreement. You may be eligible to claim compensation if: 1. you were a gold mineworker between 12 March 1965 and 10 December 2019; 2. you worked at one or more of the Qualifying Mines (see list below) at times those mines were owned or managed by the settling mining companies; 3. you undertook work that exposed you to silica dust; and 4. you have contracted Silicosis or Tuberculosis OR you are a Dependant (for example, the wife, child or life partner) of such a gold mineworker who passed away.
PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.
The Settlement applies to all Class members. You are a Class member if you meet all the requirements of any of the following four classes:
Class 1:
All persons:
1. who as at 10 December 2019 were undertaking, or prior to 10 December 2019 have undertaken Risk Work. Risk Work is defined in the Occupational Diseases in Mines and Works Act, 1973 as work performed by a person that is exposed to dust of which the composition or concentration is harmful or potentially harmful, including working underground at a gold mine;
2. who on or before 10 December 2019 have or will have contracted Silicosis or will
have been exposed to silica dust;
3. who undertake or have undertaken Risk Work on one or more of the Qualifying
Mines (see list below) after 12 March 1965; and
4. who did not settle their claims in previously finalised settlements with Anglo American South Africa Limited and Anglogold Ashanti Limited on 14 March 2016 and Anglo American South Africa Limited on 19 September 2013, respectively.
Class 2:
The dependants of any of the persons contemplated in Class 1 above who were deceased as at 10 December 2019.
Class 3:
All persons:
1. who as at 10 December 2019 were undertaking, or prior to 10 December 2019 have undertaken, Risk Work;
2. who on, before or after 10 December 2019 have or will have contracted Tuberculosis; and
3. who undertake or have undertaken Risk Work on one or more of the Qualifying Mines (see list below) after 12 March 1965.
Class 4:
The dependants of any of the persons contemplated in Class 3 above who were deceased as at 10 December 2019.
The Tshiamiso Trust has been established to carry out the terms of the settlement and to pay monetary compensation to eligible claimants. An eligible claimant will be entitled to receive a once-off payment of between R10 000 and R250 000, depending on the nature and seriousness of the disease and harm suffered by such claimant. In some severe cases, an eligible claimant may be able to receive a larger amount, up to R500 000.
• An eligible claimant is a person who is a member of any of the classes referred to above and who meets the requirements of the Tshiamiso Trust to receive monetary compensation.
• All class members can and are invited to submit a claim to the Tshiamiso Trust for monetary compensation, except for class members who opted out of the settlement.
• Details of how to submit a claim are provided below, and on the website www.tshiamisotrust.com.
The full terms of the Settlement Agreement as well as the Court’s decision approving the Settlement Agreement are available on the website www.tshiamisotrust.com or can be obtained from the Tshiamiso Trust (contact details below).
YOU DO NOT NEED TO AND YOU SHOULD NOT PAY ANYONE TO HELP YOU TO SUBMIT A CLAIM! HOW TO LODGE A CLAIM WITH THE TSHIAMISO TRUST: CLAIMS PROCEDURE:
Please follow these steps:
1) You can check if your details are on the Tshiamiso Trust’s database and whether you have a potential claim by going to this page on the Tshiamiso Trust website https://www.tshiamisotrust.com/status-check/. You can also call the Trust’s call centre to check your details and whether you have a potential claim.
2) The above website and call centre will also tell you what Lodgement Documents you must submit as part of lodging your claim. These documents may include the following:
• a copy of your identity document, passport or evidence of your employee/ industry number;
• if you are a Dependant (for example, the wife, child or life partner) of a gold mineworker who passed away, a copy of the identity document, passport or evidence of an employee/industry number of such deceased person;
• your service records at any Qualifying Mine (see list below).
3) Each potential claimant will need to book an appointment to lodge his/her claim by calling the Trust’s call centre. There are 50 claims lodgement offices located in South Africa and the SADC region. The call centre will book your appointment at an office closest to where you live. Each claimant must lodge his/her claim in person.
• Claimants who live in South Africa can call the Trust’s toll free call centre number 080 1000 240 to make an appointment at their closest lodgement office in South Africa.
• Claimants who live outside of South Africa can call the Trust’s call back number 00 27 10 500 6186 to make an appointment at a lodgement office in their country. Please note that when calling this number, it will sound like it is busy. The call will then drop and then someone from the call centre will call you back. Depending on your mobile or landline network service provider, you might need to have some airtime to initiate the call. Please note that the call centre operates only from 8am to 5pm Monday to Friday. Please only call during that time.
4) On the day of your appointment, please bring with you all the Lodgement Documents you have to the lodgement office. The Claims Lodgement Officer will advise on what can be done in respect of missing Lodgement Documents.
5) All claimants will be biometrically tested (fingerprints etc.) to confirm their identity conclusively.
6) If required, a benefit medical examination will be arranged. This will also be by
appointment.
7) Thereafter your claim will be considered by the Medical Certification Panel and the Trust Certification Committee in accordance with the provisions of the Trust.
8) Once approved, the monetary compensation due to you will be paid into the
claimants verified bank account in accordance with the provisions of the Trust. FOR MORE INFORMATION: Visit www.tshiamisotrust.com