Former Lesotho gold miner Kalakune Marake registers with a legal clerk in a district office in Semongkong, 120 km (75 miles) east of the capital Maseru, file. Hundreds of migrant workers from Lesotho with suspected lung disease are coming forward to launch a class action lawsuit against South Africa's giant gold mining houses. Picture taken January 12, 2012. REUTERS/Ed Cropley

Home » Court Approves R5-Billion Settlement for Sick Gold Miners in South Africa

Court Approves R5-Billion Settlement for Sick Gold Miners in South Africa

JOHANNESBURG – It’s been a long battle for tens of thousands of gold miners in South Africa who say they have suffered dreadful illnesses because of decades of negligence in health and safety. Finally yesterday, a class action settlement of R5-billion ($353-million) was approved by the Gauteng High Court in Johannesburg. A victory at last… […]

By Jenni Baxter
27-07-19 22:02
in Fab South African Stuff
Former Lesotho gold miner Kalakune Marake registers with a legal clerk in a district office in Semongkong, 120 km (75 miles) east of the capital Maseru, file. Hundreds of migrant workers from Lesotho with suspected lung disease are coming forward to launch a class action lawsuit against South Africa's giant gold mining houses. Picture taken January 12, 2012. REUTERS/Ed Cropley

JOHANNESBURG – It’s been a long battle for tens of thousands of gold miners in South Africa who say they have suffered dreadful illnesses because of decades of negligence in health and safety. Finally yesterday, a class action settlement of R5-billion ($353-million) was approved by the Gauteng High Court in Johannesburg. A victory at last… although it doesn’t change the plight of the miners inflicted with fatal diseases, many of whom have died since the case began.

Former Lesotho gold miner Kalakune Marake registers with a legal clerk in a district office in Semongkong, 120 km (75 miles) east of the capital Maseru, file. Migrant workers from Lesotho with suspected lung disease were coming forward to launch the class action lawsuit against South Africa’s giant gold mining houses. Picture taken January 12, 2012. REUTERS/Ed Cropley

After years of working in confined spaces in the mines, inhaling silica dust from gold-laden rocks, the miners suffered from fatal lung diseases silicosis and tuberculosis. According to Reuters breathing in silica dust causes shortness of breath, a persistent cough and chest pains. It also makes people highly susceptible to TB.

The class action suit was launched in 2012 and after a long legal battle between the gold mines and law firms representing the miners, an agreement was made in May last year… but had to wait until it was approved by the Johannesburg High Court before being implemented.

Judge Windell said: “All the parties made an effort to ensure that the settlement agreement is reasonable, adequate and fair.” He commended the legal teams for they way in which “they discharged their duties to their clients and this court”.

A leading lawyer in the case, Richard Spoor, said on social media it is “very gratifying and comforting to know that the Court, is also satisfied that the settlement is fair and in the best interests of the class members.”

Speaking to the Guardian, he said: “It’s been a long road … very challenging. But I think we’ve got a good settlement. It’s a huge relief.”

He added, sadly, that with the miners being so ill, “we’ve already lost half of the potential claimants”.

After years of working in confined spaces in the mines, inhaling silica dust from gold-laden rocks, the miners suffered from fatal lung diseases silicosis and tuberculosis. Photo: SANews

Some claimants will receive as much as £28,000, but others will receive a lot less.

One former gold miner with silicosis, Hendrik Mokoena (57), told the newspaper: “We are very happy, very happy. We are just poor people and this will help us somehow, somewhere.”

Chairperson of the South African Portfolio Committee on Mineral Resources, Sahlulele Luzipo, welcomed the settlement. He said: “We commend the relentless efforts of the legal team that represented the victims and families of the deceased.

“We believe that justice has finally prevailed, and that going forward, mining companies should always put the safety of workers first in order to prevent diseases that could potentially occur long after retirement.”

Luzipo said in future claims should be expedited since this victory came after so many of these workers had died.

The companies who were involved in the case are Harmony Gold, Gold Fields, African Rainbow Minerals ARIJ.J, Sibanye-Stillwater SGLJ.J, AngloGold Ashanti and Anglo American South Africa.