Gold miners to appeal silicosis class action ruling
JOHANNESBURG (miningweekly.com) – Mining companies African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields and Sibanye Gold have filed individual applications to appeal against the class certification judgment handed down by the South Gauteng High Court on May 13.
Judge Phineas Mojapelo certified the first class action suits for former workers who contracted silicosis and tuberculosis in South Africa’s gold mines between 1965 to date.
An estimated 500 000 former mineworkers could benefit from the ruling.
The companies on Friday said they were applying for leave to appeal as they believed the court’s ruling on some of these issues was incorrect and that another court may come to a different decision.
“The judgment addresses a number of highly complex and important issues, including a far-reaching amendment of the common law, that has not previously been considered by other courts in South Africa.
“The court itself found that the scope and magnitude of the proposed claims is unprecedented in South Africa and that the class action would address novel and complex issues of fact and law,” the companies stated.
They added that the legal processes should not delay the attempts to “expeditiously achieve” a comprehensive settlement that is fair to former, current and future employees and that a fair and sustainable settlement would be preferable to long and protracted litigation.
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