Hundreds of thousands of families could benefit from the class action lawsuit that can now take place. On Friday, Judge Phineas Mojapelo handed down the court’s findings on the landmark silicosis judgment.
In the case of Bongani Nkala and 68 Others v Harmony Gold Mining Company Ltd and 31 Others, Mojapelo and two other judges addressed this question: can mineworkers and former mineworkers bring action for damages as a class, against gold mining companies for negligence as a result of which they were exposed to dust that caused silicosis and/or TB.
The litigation could run into billions of rands. All the big mining companies are affected, including Anglo American, Anglogold, Gold Fields, Harmony Gold, Randgold, DRDGold, and African Rainbow Minerals. Anglo American has described the case as “without precedent in South African law and indeed in any other jurisdiction in the world”. Continue Reading →