Gold miner silicosis litigation (re So. Africa)

GoldOn 21 December 2012 attorney Richard Spoor filed a motion in South Africa court seeking class certification for as many as 17,000 ex-gold miners suffering from the lung disease silicosis.  The proposed class action named 30 gold mining companies as defendants, including African Rainbow Minerals, AngloGold Ashanti, Gold Fields and Harmony Gold.  The plaintiffs allege that the defendant companies knew of the dangers posed to the miners by exposing them to silica dust and that defendants failed to take adequate measures to protect the workers from this exposure.

On 31 October 2013 the High Court of Johannesburg ruled that all of the pending lawsuits against gold mining companies regarding silicosis may be consolidated into one action.  The High Court started to hear the class certification motion on 12 October 2015. 

On 13 May 2016, South Africa's High Court allowed the class action lawsuit.  The companies appealed the decision.  On 24 June, the High Court rejected the appeal on the basis that the certification of a class action is a procedural step and therefore, not appealable.  In September 2016, six of the defendant companies were granted the right to appeal the South Gauteng High Court’s decision allowing the plaintiffs to pursue a class action.  In December 2017, both parties requested the Supreme Court of Appeal to postpone the hearing, while they are trying to reach a settlement.  In January 2018, the Court granted postponement.  On 3 May 2018, the parties announced that they have reached an agreement.  The settlement provides for compensation to all workers who worked at the companies' mines at any point since March 1965 and are suffering from silicosis, as well to the families of deceased miners.  Six companies targeted in the lawsuit have set aside approximately $400 million to settle.  The settlement will be submitted for the South Gauteng High Court's ratification before implementation.  The class action will continue against three smaller companies that did not participate in the settlement. A silicosis fund that will disburse the funds is to be established in 2019.

- "South African court allows silicosis class action suit against gold firms", TJ Strydom & Zimasa Mpemnyama, Reuters, 13 May 2016
- “Ex-miners seek silicosis class action vs. South African firms”, Reuters, 28 Dec 2012

- Richard Spoor Inc. Attorneys [counsel for the plaintiffs]:Gold Miner Silicosis Litigation

- [PDF] Nkala, et al. v. Harmony Gold Mining Company Limited, et al. - Judgement on leave to appeal, 24 Jun 2016
- [PDF] Nkala, et al. v. Harmony Gold Mining Company Limited, et al. - Judgement on authorization of class action, 13 May 2016
- [PDF] Nkala, et al. v. Harmony Gold Mining Company Limited, et al. – Notice of Motion, 21 Dec 2012 [application for class certification]
- [PDF] Nkala, et al. v. Harmony Gold Mining Company Limited, et al. – Draft Particulars of Claim, 21 Dec 2012

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31 May 2019

So. Africa: 5 mining companies ask Court to accept 5 billion rand settlement in lawsuits re gold miners affected by silicosis & tuberculosis

Author: Ciaran Ryan, AllAfrica

"South Africa: Five Mining Groups Ask Court to Approve R5 Billion Silicosis Settlement Case", 30 May 2019

Lawyers for thousands of gold miners afflicted by silicosis or tuberculosis lined up on the side of five mining groups this week to ask the Gauteng High Court to approve a R5 billion settlement agreement.

The agreement provides for the payment of benefits worth R5 billion to mineworkers and the dependents of dead mineworkers who contracted silicosis or pulmonary tuberculosis during or after their employment from 1965. The benefits will be paid through the Tshiamiso Trust, which was set up specifically for this purpose

In 2016 the case was certified as a class action by the Gauteng Local Division of the High Court, and in December 2018 the court certified four classes of claimants: (1) those who contracted silicosis or were exposed to silica dust; (2) the dependents of deceased miners with silicosis; (3) those who contracted tuberculosis; and (4) the dependents of deceased miners who contracted tuberculosis while working at the mines.

Now the court is being asked to approve the R5 billion settlement agreement between legal representatives of the mineworkers and the five mining companies. The mining companies have secured guarantees for the R5 billion claim, though the eventual claim could be higher. Of this, R845 million has been set aside for administering the Tshiamiso Trust, which will accept claims for a period of 12 years, plus one additional year to wrap things up.

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14 December 2018

So. Africa: High Court sets out process for approving settlement between miners affected by silicosis, TB & mining companies

Author: Marleny Arnoldy, Creamer Media (So. Africa)

"High Court sets out process to action against silicosis, TB settlement agreement", 13 Dec 2018

The Johannesburg High Court on Thursday issued a court order setting out the processes in terms of which members of the settling classes and any interested parties should be invited to show cause why the silicosis and tuberculosis class action settlement agreement should not be made an order of court.

This follows the signing of a settlement agreement on May 3 by 48 representatives of the settling classes...and the companies that are members of the Occupational Lung Disease Working Group, including African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields, Harmony Gold and Sibanye-Stillwater.

...This second hearing’s purpose is to determine the fairness and reasonableness of the settlement. The second hearing has been scheduled for May 29 to 31, 2019...

The parties to the settlement agreement can seek an order from the Johannesburg High Court approving the settlement agreement.

This will enable the parties to fulfill the remaining conditions in the settlement agreement, leading ultimately to the establishment of a trust that will be responsible for making payments to all eligible beneficiaries...

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19 October 2018

So. Africa: Trust to disburse funds to miners following silicosis & tuberculosis lawsuit settlement to be established in 2019

Author: South African News Agency

"Silicosis fund to be established in April 2019", 17 Oct 2018

A trust, which will disburse funds for mine workers who contracted silicosis and tuberculosis, is to be established in April 2019...

This follows the historic class action settlement reached on 3 May between mining companies and claimants’ attorneys. The class action involved mining companies African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater.

The class action also involved attorneys Richard Spoor Inc, Abrahams Kiewitz Inc and the Legal Resources Centre, who represented mineworkers and their dependents.

The class action involved current and former workers from the six mining companies from 12 March 1965 to 3 May 2018, who were certified as having contracted silicosis, as well as those who contracted certain severe forms of tuberculosis.

The settlement needs to be approved by the South Gauteng High Court, which could take several months...

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3 May 2018

Mining companies to fork out about R5-billion to mineworkers after silicosis settlement

Author: Nico Gous, Sunday Times (So. Africa)

...[A]n historic class action settlement was reached on Thursday with those suffering from silicosis and tuberculosis.  The settlement was the first of its kind in South Africa...The draft settlement...will provide a medical examination and compensation to mineworkers who worked in gold mines from March 12‚ 1965‚ to date.  The High Court in Johannesburg will now review the draft settlement.  Once it has been approved‚ a trust deed will be set up...The parties compromised and reached a settlement out of concern for the “inevitably lengthy and expensive litigation”...Mineworkers’ benefits will increase annually in line with the consumer price index (CPI) from the third year of the trust.  Mining companies agreed to contribute R845-million in administration costs to the trust...

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3 May 2018

South Africa miners reach $400 million silicosis settlement with mining companies

Author: Ed Stoddard, Patricia Aruo, Reuters

South African gold producers agreed a 5 billion rand ($400 million) class action settlement on with law firms representing thousands of miners who contracted the fatal lung diseases silicosis and tuberculosis, officials said...The most far-reaching class action settlement ever reached in South Africa follows a long legal battle by miners to win compensation for illnesses they say they contracted over decades because of negligence in health and safety.  The six companies involved had already set aside the settlement amount in provisions in previous financial statements and it should not affect future earnings, unless the number of claimants who come forward exceed the current provisions.  Estimates for the number of potential claimants range from tens of thousands to hundreds of thousands.  Three smaller gold producers are not party to the settlement and the class action against them will continue...The settlement is broken into three parts and a trust will have 12 years to track down the claimants and distribute the funds...The companies involved are Harmony Gold, Gold Fields, African Rainbow Minerals, Sibanye-Stillwater, AngloGold Ashanti and Anglo American South Africa...

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3 May 2018

South African Gold Producers Reach Lung-Disease Settlement

Author: Felix Njini, Jef Feeley, Bloomberg (USA)

Anglo American Plc, Harmony Gold Mining Co. Ltd. and other mining companies agreed to resolve a lawsuit filed by workers who said they contracted deadly lung diseases in South African gold mines in the country’s largest class-action settlement deal.  The agreement provides for compensation for all eligible workers suffering from silicosis or tuberculosis who worked in the companies’ mines at any point since March 1965, the parties said in a statement...The six producers, which also include AngloGold Ashanti Ltd. and Gold Fields Ltd., last year set aside about 5 billion rand ($390 million) to settle the lawsuit.  The settlement will be submitted to South Africa’s South Gauteng High Court for ratification...There is no limit on the number of potential claimants, the parties said in a statement.  The agreement was reached following three years of negotiations and is the first class-action settlement of its kind in South Africa...The mining companies were represented by the Occupational Lung Disease Working Group, while Richard Spoor Inc, Abrahams Kiewitz Inc., Motley Rice, Hausfeld LLP and the Legal Resources Centre represented the class members...Under the deal, the companies will set up a trust to fund silicosis-treatment programs in South Africa and other countries where miners migrated from, including Mozambique, Botswana and Zimbabwe, according to a statement.  Ten classes of miners are eligible for medical assessment and treatment...Families of miners who died also are eligible for compensation, under the settlement...

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11 March 2018

Silicosis lawsuit settlement expected within 6 weeks

Author: Ed Stoddard, Reuters

South African gold producers will likely reach a settlement within six weeks in a lawsuit over a fatal lung disease that companies have set aside R5 billion in provisions for, a lawyer and industry group said on Sunday...A spokesman for the working group on Occupational Lung Disease (OLD)...said it was is “hopeful” the settlement can be reached in that timeframe.  The settlement would still need to be approved by a High Court before it was implemented...The suit was launched around six years ago on behalf of miners suffering from silicosis, contracted by inhaling silica dust in gold mines...The six companies involved are Harmony Gold, Gold Fields, African Rainbow Minerals, Sibanye-Stillwater, AngloGold Ashanti and Anglo American...

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26 February 2018

So. Africa: Class-action silicosis case likely to take six months to settle as three new companies join the matter

Author: Allan Seccombe, Business Day (South Africa)

"Class-action silicosis case likely to take six months to settle as three new companies join the matter", 7 Feb 2018

Hopes of a quick resolution to the occupational lung disease (OLD) class-action, which includes thousands of former miners afflicted with silicosis, have been tempered, with expectations of a settlement to take to the courts expected in the next six months instead of early this year as three new companies join the matter...[F]ormer CEO of Harmony and now chair of the working group on OLD, said the lawyers and parties involved in the class-action were hammering out a complex settlement, with a lot of details needing to be resolved before the matter could be returned to court for ratification...The six mining companies are Harmony Gold, Gold Fields, African Rainbow Minerals, Sibanye-Stillwater, AngloGold Ashanti and Anglo American. Just recently, Pan African Resources, DRDGold, and Randgold & Exploration have joined the matter...In the 12 months to end-October 2017, there were 7,756 compensation payments made to former miners with OLDs, worth R226m, compared to 1,628 compensation payments worth R79m in the same period in 2015.

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4 January 2018

So. Africa: Trust handling compensation on behalf of Anglo American & AngloGold Ashanti for more than 4000 ex-miners affected by silicosis says over $8 million disbursed to 963 claimants in 19 months

Author: Qhubeka Trust (South Africa)

"South Africa: Q(h)ubeka Trust has awarded R102 million in compensation to Silicosis sufferers in 19 months", 20 Dec 2017

In the 19 months since the Q(h)ubeka Trust was established, it has awarded approximately R102 million in compensation to qualifying ex-mineworkers suffering from Silica related illnesses. The Trust was founded in March 2016 on the back of the successful conclusion of a lengthy compensation battle by attorneys representing ex-mineworkers who have contracted Silicosis while working for various mines owned by Anglo American South Africa Limited and AngloGold Ashanti Limited. The claimants in the settlement are 4 365 ex-mineworkers from South Africa, Swaziland and Lesotho who may be suffering from Silica-related occupational lung diseases as a result of the failure by the mines to ensure adequate protection against the disease for their mineworkers...According to Dr Kisting-Cairncross [Trust Chairman], the R102m awarded to claimants as at 30 November 2017 is a significant achievement, particularly given that locating many of the original claimants has been difficult due to the fact that many contact numbers are no longer valid...To date, approximately 2 350 of the 4 365 claimants have undergone these medical assessments, but less than half of these have been determined to be suffering from Silicosis. Another significant hurdle the Trust faces in determining compensation eligibility is establishing that claimants worked for at least two years at Anglo American South Africa and AngloGold Ashanti Limited-owned mines...

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11 December 2017

So. Africa: Lawyer representing 30 000 mineworkers in silicosis case says deal with mines most likely final by end of 2017

Author: Pete Lewis, GroundUp (South Africa)

"Silicosis: we’re close to a deal with the mines, says miners’ attorney", 11 Dec 2017

Upwards of 100,000 mineworkers and former mineworkers, and their dependents, are claiming damages for contracting silicosis and/or TB from exposure to dust underground. The class action has been certified for trial by the South Gauteng High Court. Richard Spoor, who represents the mineworkers, told the Parliamentary Portfolio Committee on Mineral Resources that he was “reasonably confident” that the two-year negotiation over a settlement of the class action litigation would be concluded before the end of 2017...Spoor told the committee it was urgent to reach a compromise because mineworkers were dying. He said about 4% of the 30,000 mineworkers who started the class action had died each year since 2006, when the litigation started...

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