Capital vs class action

TODAY marks the third day of arguments in the application process for a classaction lawsuit to be brought against South Africa’s gold mining industry on behalf of workers affected by silicosis and tuberculosis. But while we are contemplating the seriousness of the matter, and its many meanings, let us not forget the extraordinary numbers of people being represented, and their role in our history.

Their humanity lies at the heart of this week’s events as justice seeks to be explored and served through their case reaching the courts.

It’s useful to know the legal history, which started in 2013 when a consolidated class action was brought by law firms Abrahams Kiewitz Incorporated, Richard Spoor Incorporated and the Legal Resources Centre. It’s critical to understand the scale. Together, the firms represent tens of thousands of affected mineworkers from southern Africa. Not only that, they also represent the dependants of deceased mineworkers suffering from silicosis and tuberculosis.

There are more than 30 mining companies vociferously opposed to the certification of the lawsuit, as they could ultimately be compelled to make extraordinary payouts in a labour, political and energy climate which some might regard as already unconducive. It is, however, also important to note that these companies include some which have partially externalised themselves or shifted offshore, and whose greater shareholding may be foreign. And there’s a cynicism to that situation which simply cannot be ignored.

With a distinct moral parallel with the cases brought by family members against various entities in matters concerning the Marikana massacre, this lawsuit examines breaches of statutory, constitutional and common law. In particular, it’s about the duties of the mining companies. If the court certifies the class, the lawsuit will proceed as the largest ever action in the country and on the continent.

There’s a great deal riding on it, not least for the men and women whose daily lives are a struggle. We expect a mighty fightback from capital.