Gold miners launch silicosis class action application against Anglo American
The Legal Resources Centre ("LRC"), Garratt Mbuyisa Neale attorneys ("GMN"), London lawyers Leigh Day and Legal Aid South Africa have extended their long-standing and constructive collaboration over gold miners' silicosis by filing a class action application against Anglo American South Africa Ltd ("AASA"). The application in the Johannesburg High Court is being served on AASA today. AASA is believed to have assets in the region of US$15 billion. Its potential silicosis liability is the most substantial of any gold mining company.
For nine years LRC, Legal Aid South Africa, Leigh Day and Zanele Mbuyisa of GMN have been working as a team on litigation to secure compensation for South African gold miners who are suffering from silicosis caused by intense and lengthy exposure to dust. 18 claims relating to miners employed on AASA's President Steyn mine in the Free State were filed in 2004. AASA was the head office parent company of the Anglo American group comprising 11 gold mines until 1998. It is alleged that AASA negligently controlled and advised its mines with regard to prevention of dust exposure and silicosis.
The President Steyn cases are in an advanced state of preparation and are expected to be heard over 4 months from February-June 2014. The arbitration hearing will be at a public venue in Johannesburg and will be before a panel of three eminent South African judges: the former Chief Justice, Sandile Ngcobo and retired Appeal Court Justices, Ian Farlam and Noel Hurt. The decision of these arbitrators is expected to be influential in laying down the principles to be applied to the wider class of cases.
A series of published studies on black gold miners has consistently revealed alarming rates of silicosis of approximately 25% in long-term miners. These studies also confirmed high rates of pulmonary tuberculosis, a disease to which silicosis sufferers are particularly vulnerable throughout life. When combined with TB the consequences of silicosis may be fatal especially if the TB is not treated swiftly and effectively. TB is endemic in South Africa and occupational health services outside urban areas are often rudimentary or non-existent in labour-sending areas such as Eastern Cape. Unfortunately, due to the abject failure of the gold mining industry to provide for occupational health services in these areas, the majority of silicosis sufferers are unaware that they have silicosis.
The class action application against AASA is a natural progression from the President Steyn litigation against AASA. The application is opt-out and therefore provides a mechanism through which the interests of the wider class of silicosis sufferers, including those who are unaware that they have the disease, are protected. To the extent that the President Steyn litigation does not resolve the issue of AASA's liability, the intention is that the proposed class action will address these issues.
Statement issued by Khumbulani Mpofu, Communications Officer at LRC, Mpho Phasha, National Spokesperson at Legal Aid South Africa, Zanele Mbuyisa at GMN and Richard Meeran at Leigh Day, March 7 2013
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