Page 45 - 100 years of Anglo American

Andile Sangqu

Fixing

mining’s

HEALTH

LEGACY

Mining giant wants to help families affected by silicosis, a disease
historically contracted by many mine workers, writes Anglo American

Silicosis class action timeline
here’s no way to discuss the
We fully support
working on addressing the challenges ‘‘ initiatives by the August 2012
mining sector without including
the effects of silicosis on
The Abrahams class application: Three
former mine workers and their
separate applications against AngloGold
mining industry,
Ashanti, Gold Fields, Harmony and their
families. While the past cannot
labour and
respective subsidiaries were instituted in the
Tbe erased, Anglo American is
represented by law firm Abrahams Kiewitz,
associated with silicosis. Andile Sangqu, the government to Johannesburg High Court by applicants
executive head of Anglo American SA, says ensure that which represents 6 000 claimants and is
it’s a process that began with the company supported in these applications by US law
accepting that the past cannot be changed, sufferers receive firm Hausfeld.
but “we want to be part of providing healing proper care December 2012
to families and communities”. The Spoor class application: Mine workers,
In March last year, Anglo American and ANDILE SANGQU represented by Richard Spoor Attorneys on
AngloGold Ashanti concluded an agreement that behalf of 23 000 claimants and supported by
resolved 4 400 stand-alone silicosis claims, the Through a tripartite collaboration between US law firm Motley Rice, instituted a class
first of which were instituted in 2012. Included in the Medical Bureau for Occupational Disease, certification application in the high court
these claims were about 1 200 separate claims the department of health and mining against 30 mining companies.
instituted against AngloGold Ashanti. companies, one-stop service centres have been March 2013
In terms of the agreement, Anglo American opened in Carletonville and Mthatha to provide The LRC class application: 13 mine workers,
and AngloGold Ashanti will pay up to medical support to former mine workers. represented by the Legal Resources Centre,
R464 million to the Qhubeka Trust, an The working group is collaborating with Garratt Mbuyisa Neale Attorneys, Legal Aid
independent body tasked with paying lawyers representing claimants in the class SA and British law firm Leigh Day, instituted
compensation to sick former mine workers. The action law suit to establish a legacy fund that a class certification application against Anglo
trust determines eligibility and then will pay additional compensation to American SA in the high court.
compensates claimants with the funds. So far, supplement people’s statutory entitlements. It is August 2013
the trust has assessed about 2 000 claimants also working with the compensation The Abrahams, Spoor and LRC class
and paid about 300 of them, with another 300 commissioner to improve the administration of applications were consolidated into a single
in the pipeline for payment. the statutory compensation fund, and with class application against 32 mining companies.
Sangqu says: “We are very concerned about government so that future employees can be The applicants want two classes to be
those mine workers who have contracted covered by the Compensation for Occupational certified: a silicosis class consisting of current
silicosis, and we fully support initiatives by the Injuries and Diseases Act. and former mine workers who have
mining industry, labour and government to To ensure the health of mine workers is contracted silicosis and the dependants of
ensure that sufferers of silicosis receive the protected, Anglo American invested R15 million those who have died from the disease; and a
proper care, support and treatment where over five years in a new research chair in tuberculosis class consisting of current and
indicated, as well as statutory compensation.” occupational hygiene at the University of the former mine workers who have contracted
Anglo American, along with five other Witwatersrand School of Public Health. The pulmonary tuberculosis and the dependants
mining companies, formed the Occupational chair focuses on the development of of others who have died of the disease.
Lung Disease Working Group in 2014, to address occupational hygiene skills, and conducts The 32 mining companies are all opposing
legacy compensation issues, and work on future research with the aim to decrease employee the class application. However, they continue
legal frameworks that are fair to past, current exposure to dust, noise and other health to negotiate a settlement with the claimants’
and future mine workers. hazards in mining and other industries. lawyers.
ANGLO AMERICAN 100 YEARS 45