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JOHANNESBURG (miningweekly.com) – South African gold miners African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields, Harmony and Sibanye Gold on Friday filed petitions to the Supreme Court of Appeal (SCA) for leave to appeal against the class action certification judgment delivered in the South Gauteng High Court on May 13.
The six companies are members of the Occupational Lung Disease Working Group.
The High Court, in its judgment, certified the establishment of two separate classes for silicosis and tuberculosis and also changed the common law in respect of general damages claims. The court granted leave to appeal only in respect of the latter point.
The members would appeal against the certification of the two separate classes for silicosis and tuberculosis, owing to the judgment addressing a number of highly complex and important issues.
The companies were conscious of concerns that the appeal processes would delay finalisation of the matters. The High Court itself found that the scope and magnitude of the proposed claims was unprecedented in South Africa and that the class action would address novel and complex issues of fact and law.
To shorten any delay as a result of an appeal process, it was permissible to request that the appeals be dealt with on an expedited basis. The companies intend to do this, should leave to appeal be granted by the SCA.
In addition, the Working Group remained of the view that achieving a mutually acceptable comprehensive settlement which is both fair to past, present and future employees, and sustainable for the sector, was preferable to protracted litigation.
The Working Group would continue with its efforts – which have been ongoing for more than a year – to find common ground with stakeholders, including the claimants’ legal representatives.