Human rights lawyers representing about 18 sick former mine workers at President Steyn mine in Welkom, Free State, said they were confident and optimistic that their more than R1bn claims against the mining giant Anglo American would succeed when presented in court next year.

“We have done our homework, obtained necessary information and we believe the case is very strong. We are confident and optimistic that we will win the case,” said Richard Meeran, a prominent international human rights lawyer at Leigh Day & Co, a legal firm based in London.

Leigh Day & Co had previously represented Cape PLC and Thor Chemicals victims in their successful UK compensation claims. Meeran said the main objective of the lawsuit was to secure compensation for the victims.

The lawsuit stemmed from Anglo American’s failure to inform the miners about the possible danger of contracting silicosis from exposure to silica and that it did not provide them with the requisite safety equipment.

But the mining giant has since denied the allegations and vowed to defend the action when it is brought before the court.

“The claimants were employed by South African gold mining companies in which Anglo American had an interest of less than 25%. Anglo American maintains that these companies were responsible for the health and safety of their employees and took reasonable steps to protect them,” argues Anglo American.

Meeran told The New Age on Wednesday it was time for the mining industry to be held legally accountable for putting miners at risk of contracting deadly work-related illnesses.

He accused the industry of being slow in implementing proper scientific investigations on preventing silicosis. He said it was not acceptable to argue that the industry was not liable for these claims brought forward by sick ex-mine workers.

“We don’t know at this stage how many people are affected, but estimations are that they are more than hundreds of thousands of them. It is time the industry establishes a compensation system and should ensure ex-miners are medically monitored,” he said.

Silicosis is a respiratory disease caused by breathing in silica dust.

People at risk are those working in abrasives manufacturing, mining, quarrying, road and building construction, sand blasting and stone cutting. An intense exposure to silica can cause disease within a year but it usually takes at least 10 to 15 years of exposure before symptoms occur.

Sayi Nindi, an attorney at the Legal Resources Centre(LRC), said the 18 plaintiffs were former miners who were employed on President Steyn Mine in the Free State from the 1970s to 1998 and they came from the Free State, Eastern Cape and Lesotho.

Legal Aid South Africa is funding this case.

The Chamber of Mines said it was working with the Department of Health and the National Union of Mine workers on a project to improve access of former mine workers to the benefits provided by the Occupational Diseases in Mines Works Act, and to health care when they are found to be suffering from occupational lung diseases to improve the operation of the statutory compensation fund. “Regarding the current employees, the members of the Chamber of Mines are in the process of rolling out an industry-wide initiative aimed at improving the management of dust underground, so as to eliminate future incidences of occupational lung disease,” said chamber spokesperson Jabu Maphalala.

He said the industry was working to improve technology to reduce noise levels, so the risk of noise–induced hearing loss were minimised. They were also looking at ways to reduce injury to miners from rock falls as well as transport and machinery.

Luphert Chilwane

The New Age