Anglo settles silicosis suit
But it has been a long battle as mining company admits no liability, writes Max Gebhardt
AFTER a nine-year legal battle, Anglo American has decided to pay 23 miners an undisclosed amount of money to settle their claims that they had contracted silicosis while working at the company’s mines, writes Max Gerbhardt.
Anglo American said it made the payment without admitting any liability. The claimants were underground miners who had worked at the Free State operations until 1998, or their widows. Their lawyer, Richard Meeran, welcomed the settlement.
ZWELINZIMA Makaka is a happy man. Mr Makaka is one of the 23 miners, who will, in a matter of weeks, receive a payout from Anglo American SA.
This was after Mr Makaka contracted silicosis while working at the company’s President Steyn mine in the Free State.
The case, which has been dragging on for nine years, marks a turning point in the mine workers’ long battle for compensation.
Yesterday’s victory will give hope to the thousands of other mine workers with silicosis or silico-tuberculosis who are hoping for the mines to help them with their medical bills and compensation for loss of earnings and pain and suffering. But it will be a long battle. Anglo said while it had made the payment, it had admitted no liability, and was prepared to fight all further claims.
Anglo’s head of corporate communication, Pranill Ramchander, said the company remained steadfast in its belief that it was not liable to the claimants. “We have always denied that we were liable and that remains the case.”
Mr Ramchander said it had settled the claim as it was is in the mutual interests of the plaintiffs, their families, Anglo and its wider stakeholders.
“Considering the long-standing nature of the SA arbitration claims, all parties agreed that the time was right to reach a settlement agree- ment that is in the interests of all stakeholders involved.”
Silicosis is a lung disease caused by inhalation of crystalline silica dust. Mine workers with silicosis have a greater chance of contracting tuberculosis.
In terms of yesterday’s agreement, the 32 miners, of whom 18 are from the President Steyn mine and the five others from various other Anglo operations, will receive an undisclosed amount from Anglo. The claimants were underground mine workers, or widows of deceased miners, who worked with Anglo until 1998.
UK-based lawyer for Leigh Day, Richard Meeran, said while they would have been happy to continue to fight the case to its conclusion, it was appropriate to settle. “Of the 23 claimants, seven had died during the course of the litigation and the health of the others is very fragile. Awaiting a conclusion of the arbitration would have delayed payment of compensation by at least another year.”
The lawyers said the claims arose from Anglo’s alleged negligent failure to ensure that dust levels on its mines were adequately controlled. “The claimants sought compensation for pain and suffering, lost earnings and medical expenses,” they said.
Mr Meeran accused the mining companies of dragging out the cases in the hope of lowering their liabilities to the silicosis sufferers.
“It suits the industry to delay, because the longer it goes on the more silicosis victims will pass away. If they die, the payout for pain and suffering also goes. The longer the delay in payment, the smaller the bill.”
Anglo refused to disclose its potential liability, saying it was too early to quantify. “At this point, the company has not been informed of the names of those involved or where they worked or the nature of their medical condition. As a result, there is no certainty regarding the number of persons who have in fact contracted a disease for which they might claim damages, nor have their claims have not quantified.”
Mr Meeran said a series of studies into the prevalence of silicosis among black South Africans mine workers had shown rates of silicosis in the region of between 20% and 30%. “That is an absolutely astronomical level of silicosis. It reflects the conditions.”
Mr Meeran has called on the mining industry to urgently establish a settlement scheme for silicosis sufferers, saying the writing is on the wall. “We would like to see an industry-wide settlement made.”
He is busy, along with South African attorneys Mbuyisa Neale, acting for roughly 4,000 former mine workers who have filed individual claims against Anglo in the UK and SA.
The UK case has suffered a setback after the UK courts ruled they have no jurisdiction over silicosis claims laid against Anglo SA. The claimants had argued that Anglo SA’s parent, Anglo American, was domiciled in the UK and was therefore liable for the former workers’ contraction of silicosis and silico-tuberculosis. The case is on appeal before the UK Appeal Court.
As a result, the lawyers have in addition filed 60 claims against Anglo SA in the high court in Pretoria. They are also pursuing silicosis claims against AngloGold Ashanti, and say they have received instructions from 100 former Vaal Reefs miners. They said 31 claims were filed in the high court in Johannesburg last year, and a hearing is scheduled for October 3.
These cases are separate from the class action suit filed by lawyer Richard Spoor on behalf of 17,000 former gold miners. The companies named in that suit include AngloGold, Gold Fields and Harmony among others.
For Mr Makaka it is a relief the process is finally over. “Today I’m feeling much better. I’m living my life well,” he said.