Ex-miners with silicosis finally compensated

Trust distributes R200m to 2,282 claimants after decades of struggle

More than 2,000 former mineworkers who suffer from silicosis have been compensated after more than three decades of struggle.

This week, Qhubeka Trust, which administers the payments, confirmed that it had paid out more than R200m to 2,282 claimants.

Trust chair Dr Sophia Kistingcairncross said the trust had been established in March 2016 to manage and disburse R395m in benefits to eligible silicosis claimants who had contracted the disease while working in SA’S gold mines.

The Eastern Cape has the most mineworkers who became victims of the deadly lung disease which has claimed the lives of many ex-workers.

In 2016, the Dispatch reported that a R464m payment by mining giant Anglo American could be too little and too late for many Eastern Cape miners suffering from silicosis.

At the time, Anglo American SA and its subsidiary, Anglogold Ashanti, announced they would pay compensation to 4,365 ex-miners suffering silicosis. Half of the miners were from the Eastern Cape while the rest were from the Free State and Lesotho.

Kisting-cairncross said that since its inception, Qhubeka had received and processed 4,365 claims of which 3,858 had been medically examined in the period in question. Of these, 2,433 were diagnosed with the silica-related disease while 1,425 were found to be clear.

“The sad reality is that people who did not file their claims within three years after the trust was established, will not be allowed to lodge their claim. In April, we made additional payments especially to families of deceased miners. We are doing our best to conclude this process because by the end of the year the trust has to close its doors,” she said.

She said the settlement terms had made it difficult for affected mineworkers to win their cases. To be eligible, among other things, claimants must pass the chest X-rays, lung functioning tests and must also meet the qualifying service period of two years at the mine.

“Ours is a negotiated settlement which was basically a compromise for the claimants. What makes this whole exercise heart breaking are the settlement conditions.”

Another trust that is working on these cases is Tshiamiso.

In February the trust was established to manage R5bn in payment of both silicosis and tuberculosis (TB) sufferers in the gold mining sector.

Tshiamiso’s communications manager Monako Dibetle said African Rainbow Minerals, Anglo American SA, Anglogold Ashanti, Gold Fields, Harmony and Sibanye-stillwater mining companies had reached the R5bn settlement in the silicosis and tuberculosis class action of 2019. Dibetle said eligible claimants would be entitled to a one-off payment of between R10,000 and R25,000.

He said in some severe cases a claimant could receive up to R500,000. “The trust has a 12year lifespan. Since February 15 2021 we have received 18,260 claims. As of yesterday 3,212 claimants have been medically examined. At this stage, we are not able to give statistics on examination findings.”

He said seven claimants with second degree silicosis had been paid R250,000 each in December.

A class-action suit was launched in 2013 on behalf of miners suffering from silicosis. The workers had mined in different shafts around the country in different periods from the 1965 to 2019.

“The companies announced in 2017 that they were obtaining bank guarantees amounting to a total of about R5bn. There is not a maximum amount that will be paid if Tshiamiso succeeds in finding claimants up to the year 2032 whose benefits amount to more than that. For the most part, individuals with second degree silicosis will get a settlement of R250,000.”

However, there is a special award possible of up to R500,000 to an individual who was employed to undertake risky work for a cumulative period of at least 10 years at one or more qualifying mines during the qualifying period.

According to the trust, employees who worked at any of the 82 gold mines listed in the settlement agreement between March 12 1965 and December 10 2019 and who contracted silicosis or TB due to their work were potentially eligible for compensation.

In the mid-2000s lawyers representing miners sued Anglo American SA, which is the former subsidiary of Anglo Gold, for dust-related lung illnesses, including silicosis and silicotuberculosis contracted while working on the companies’ mines. At the time, Anglo American said the settlement had been reached without admission of liability.

However, the silicosis issues attracted more attention when a class action, led by lawyer Richard Spoor, ensued, leading to the recent R5bn settlement for thousands of claimants.

People who did not file their claims within three years after the trust was established, will not be allowed to lodge their claim