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18 Aug 2010

Ernest Mabuza, Business Day [So. Africa]

No Decision in Ailing Miner Case [So. Africa]

The Constitutional Court…heard arguments on whether one of the two systems of compensation given to mine workers who contracted diseases in mines offered less benefits than the other scheme. The court heard an application by Thembekile Mankayi, a former mine worker who wants to sue his former employer AngloGold Ashanti for R2,6m. He says the mine has a common-law duty to care for him…The question posed by Mr Mankayi's attorney Richard Spoor was whether Mr Mankayi, who was barred by the Occupational Diseases in Mines and Works Act from claiming any benefit under the Compensation for Occupational Injuries and Diseases Act, was also barred by the provisions of section 35(1) of that act from bringing an action for damages…The court reserved judgment.