Advocacy group takes up fight for miners

James Stent

An advocacy group for ex-miners who have suffered debilitating lung impairment while working on South Africa’s mines has expressed concern at the slow progress of the trust that is responsible for compensating affected miners.

On 10 July, the Justice for Miners Campaign (J4M), which was formed to advocate for miners and ex-miners that have contracted either or both silicosis and tuberculosis while working in SA’s gold mines, published a statement of concern about the Tshiamiso Trust.

The trust was formed following a R5 billion settlement in a 2018 class action lawsuit.

J4M believes that up to 500 000 ex-miners may qualify for compensation administered by the trust.

The group contends that the trust is moving too slowly in its formation and operations. To date, no ex-miner party to the settlement has received any compensation from the trust.

J4M says the Covid-19-inspired suspension of the lung function tests – a measure required for an ex-miner to qualify for compensation – will cause “huge delays” in the compensation process.

In response, the Tshiamiso Trust has defended its progress, saying that while the settlement was made public two years ago, the terms were only reached in late 2019 and that Covid-19 has hampered its ability to discharge its duties.

The trust says that the pilot phase of the compensation process began late last month and focuses on ex-miners with second stage silicosis. These miners have existing medical records confirming their lung impairment.

In May 2018, a landmark settlement was reached: R5 billion to be paid out over 13 years.

Six mining companies are party to the agreement: African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater.

In terms of the settlement agreement, miners who worked at mines operated by one of the six companies between 12 March 1965 and 10 December 2019 are potentially eligible for compensation. The compensation for qualifying miners largely depends on the level of lung impairment suffered by the ex-miner or the results of a post-mortem lung inspection.

The Tshiamiso Trust was set up in terms of the settlement, with a mandate to ensure that those who have silicosis or work-related tuberculosis are compensated.

Justice For Miners currently operates in Lesotho, Eswatini and Mozambique.

The organisation is forming chapters in Eastern Cape, Welkom and Botswana. A spokesperson for the organisation said it is also in contact with ex-miners in Zimbabwe, Malawi and Namibia. – GroundUp