R5bn victory for silicosis victims

Historic settlement could benefit up to 100 000 ex-miners or their families

THOUSANDS of miners affected by silicosis from exposure to dust reached a breakthrough settlement worth R5-billion with several mining companies yesterday. The settlement will cover those who worked for the mining giants between March 1965 and the present day and will reportedly benefit up to 100 000 former mineworkers or their dependants.

“This is a historic settlement, resulting from years of extensive negotiations,” a statement by the miners’ representatives and the affected companies said.

It is the first class-action settlement of its kind in South Africa and follows three years of negotiations.

Many miners caught silicosis, which has no known cure, while drilling through rock and inhaling silica dust that lodged in their lungs and caused permanent scarring.

Symptoms include persistent coughing and shortness of breath, and the disease regularly leads to tuberculosis and death.

The agreement must now be approved by the high court in Johannesburg.

“The purpose was to hold the gold mining industry accountable for the enormous harm that it has inflicted on workers for years,” lawyer Richard Spoor, who headed the class action on behalf of the miners, said.

“The second objective was to bring a measure of redress for the families of miners and ex-miners.

“It is the best we could achieve. We have not compromised.”

Graham Briggs, who represents the Occupational Lung Disease Working Group which acted on behalf of six of the mining companies, said “a settlement is preferable for several parties because it brings payment sooner than any class action”.

He said: “A settlement is preferable because it brings certainty.”

The settlement was reached between the Legal Resources Centre‚ Abrahams Kiewitz Inc and Richard Spoor Attorneys‚ and the Occupational Lung Disease Working Group‚ which represented African Rainbow Minerals‚ Anglo American SA‚ AngloGold Ashanti‚ Gold Fields‚ Harmony‚ Sibanye Stillwater and Pan African Resources.

“The companies will make an initial contribution for benefit payments of R1.4-billion for the first two years of benefit payments‚” the Legal Resources Centre said.

The draft settlement will provide a medical examination and compensation to mineworkers who worked from March 12 1965 to the present.

Once the settlement has been approved, a trust deed will be set up. Mining companies agreed to contribute R845-million in administration costs to the trust.

Mineworkers’ benefits will increase annually in line with the consumer price index from the third year of the trust.

Spoor said claimants could expect payments to begin in September or October, which might be “disappointing for those who have waited so long”.

“In the last five years, out of 35 000 clients that my firm has represented, approximately 5 000 have died,” he said. There are 10 classes of claimants: ý R70 000 for silicosis class 1. This is an early stage of silicosis (lung function impairment of up to 10%);

ý R150 000 for silicosis class 2. This is the equivalent of first-degree silicosis in the Occupational Diseases in Mines and Works Act;

ý R250‚000 for silicosis class 3. This is the equivalent of second-degree silicosis.

ý Up to R500 000 for silicosis class 4 with a defined special aggravated medical condition. This category provides relief to a small number of claimants who suffer from extraordinary disease conditions which exceed those of most other claimants;

ý R100 000 for dependants of an eligible claimant who died between March 1965 and the effective date;

ý R70 000 for dependants of an eligible claimant who died between January 1 2008 and terminating on the effective date; ý R50 000 for first-degree tuberculosis; ý R100 000 for second-degree tuberculosis;

ý R10 000 for “historical” tuberculosis (in the absence of a medical report determining degree of tuberculosis); and

ý R100 000 for dependants of a mineworker who died from tuberculosis who worked two years at a mine and died within a year after working a shift.

The Legal Resources Centre said mining companies had made progress in underground dust prevention‚ but must continue improving to prevent future silicosis and tuberculosis.

The centre’s national director, Janet Love, said silicosis showed that the vestiges of apartheid still lingered in South Africa.

She said according to documents it had obtained‚ the treatment black mineworkers had received was inadequate compared with that of white miners.

“Black miners underwent mini X-ray tests that were difficult to read and did not effectively detect silicosis.

“White miners‚ on the other hand‚ had full-size X-ray tests.

“Black miners also did the dustiest jobs and‚ unlike white miners‚ they did not have access to on-site showers or changing rooms in which to remove the dust from their bodies.” –