Silicosis class action in the interest of justice - court
Johannesburg - Mineworkers suffering from silicosis have made a prima facie case that mining companies had violated their constitutional rights, a South Gauteng High Court judge said on Friday in a monumental ruling over silicosis affecting mineworkers.
"We have to assume, for present purposes, that the mining companies violated their constitutional, statutory and common law rights as at this stage the mineworkers have made out a prima facie case in this regard," Deputy Judge President Phineas Mojapelo said in the judgment.
Mojapelo ruled in favour of mineworkers who contracted the fatal lung disease silicosis as well as tuberculosis to launch a class action suit against 32 companies in the mining sector, including Harmony Gold [JSE:HAR], AngloGold Ashanti [JSE:ANG] and Gold Fields[JSE:GFI].
“We have reached the consensus that there are sufficient common issues to justify the class action. There will be two classes (for silicosis and for TB)," Mojapelo told the court on Friday morning.
“All the mining companies are accused of failing to protect the health of the employees when they were legally bound to do so and as a result causing (the mine workers) to contract TB and silicosis," Mojapelo said.