Glencore the latest miner to face class action
In a fourth and final filing, human rights law firm Richard Spoor Inc (RSI) filed a class action suit against global mining company Glencore.
In the past five months, Spoor has filed applications for certification of a class action against several former and current coal mining companies in SA.
The claim against Glencore, filed in the high court on Tuesday, focuses on negligence in training and safety.
Similar to its previous applications against companies such as South32, Anglo American and Exxaro, the law firm is “seeking justice and compensation for mineworkers who contracted lung diseases while working in the mines”.
It said: “The thousands of miners represented in each case have contracted coal mine dust lung diseases due to high exposure to coal mine dust in mines. These long-term diseases affect the miners’ ability to breathe, work and lead a normal life.”
Through these class actions, RSI aims to collectively represent mineworkers for compensation during their lifetime or for the dependants of mineworkers who died from the disease.
Glencore, headquartered in Switzerland, began its mining activities in SA in 1988. It has sold off some of its coal assets in SA but still has a strong presence in the country’s coal and ferroalloy sectors. According to RSI, Glencore is not exempt, even where assets have been sold, “from historical wrongs against coal miners” in the 35 years of its existence in SA.
“This litigation is not an antimining thing. It’s addressing a legacy, and it’s addressing really bad things that were done or not done that have had very severe consequences for a very large number of people, and we are trying to get some redress and balance out of that,” representing lawyer Richard Spoor said.
The firm’s claims against Glencore and other mining companies allege that members of the coal mining industry failed to provide workers with adequate training and equipment and a safe working environment, resulting in their illnesses.
Motley Rice, one of the largest plaintiff litigation firms in the US, will support the workers’ legal team as a consultant.
The Southern African Catholic Bishops’ Conference initiated and supported the investigation with the miners.
Glencore declined to comment.