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Article

23 Oct 2015

Author:
Pete Lewis, GroundUp on Daily Maverick (So. Africa)

So. Africa: Court rejects mining firm's call to deny class action for silicosis victims based on differences in race

“Anglo American plays the race card in the silicosis case”, 22 Oct 2015

…The mining companies are asking the court not to grant an application by former mineworkers affected by silicosis and tuberculosis to be allowed to represent other affected mineworkers and the dependants of dead mineworkers in a class action.  Representing Anglo American, advocate Michael Cooper reiterated the argument that the lack of common issues among mineworkers would mean the class would have to be broken down into so many subclasses that it would no longer be a class action. He said one reason why the proposed class was not homogeneous was that it contained members of more than one race...Judge Phineas Mojapelo responded: “In this current South Africa, black workers and white workers are entitled to the same treatment”…On the question of negligence, Cooper...said all that mattered was whether or not the mines had adhered to South African laws and regulations, and that Anglo American had done so…Anglo American had never employed mine managers and its involvement in operations was limited to the provision of medical services to the mines and ventilation design. As a result, he said, there was no case against Anglo American…

Part of the following timelines

So. Africa: Gold miners file silicosis class action application against Anglo American

Gold miner silicosis litigation (re So. Africa)