Mineworkers get class action go-ahead

The high court in Johannesburg has certified a class action by mineworkers against gold mining companies in South Africa.

The landmark judgment paves the way for tens of thousand of mineworkers and former mineworkers suffering from silicosis and tuberculosis to sue the mining companies for damages.

“After examining legal prescripts‚ we reached a conclusion that there are sufficient issues to certify a class action where there would be two classes; the silicosis class and the TB class‚” Deputy Judge President of the high court in Johannesburg‚ Phineas Mojapelo‚ said in court on Friday morning.

The classes comprise current and former underground workers who had worked for two years in one of the mines from 1965 and contracted tuberculosis‚ and the workers who contracted silicosis. The class also constitutes dependants whose parents died after contracting silicosis and TB while working at the mines.

The 69 class representatives in the case were acting on behalf of thousands of former mineworkers‚ and are seeking compensation for having contracted silicosis and pulmonary tuberculosis at the mines.

The respondents were 30 mining companies‚ which represent the entire gold mining industry in South Africa.

Apart from Randgold & Exploration which said it would abide by the court’s decision‚ the rest of the mining companies strenuously opposed the application for the certification of a class action.

Class action could only proceed to trial if it has been certified by the court.

There is no known cure for silicosis which is contracted through inhaling tiny particles of silica dust from gold-bearing rocks underground over a prolonged period.

The disease causes shortness of breath‚ a persistent cough and chest pains‚ and makes sufferers susceptible to tuberculosis.

In its judgment‚ the court said gold mining industry in South Africa left in its trail tens of thousands of mineworkers suffering from incurable silicosis and pulmonary tuberculosis.

“Many workers died from these diseases‚” Mojapelo said.

The judge said potential class members may range in numbers from 17‚000 to 500‚000.

Mojapelo said the class action process was normally instituted by representatives on behalf of a class of plaintiffs.

“It is designed to cover situations where parties are numerous that it will be impossible to bring them to court at the same time.”

The judge said class action was also designed to protect a defendant from facing multiplicity of actions.

“It enhances judicial economy and protects courts from having to consider the same evidence on the same issues.

“On the other hand‚ class action allows a single finding on issues which bind everyone.”