Silicosis class-action status impacts on local common law
JOHANNESBURG (miningweekly.com) – The Johannesburg High Courts’ decision earlier this month to give 69 mineworkers and silicosis sufferers the right to institute class action against 32 current and historical South African gold mining companies would have far-reaching implications for the country’s common law, according to law firm Clyde & Co.
Speaking at a breakfast discussion at the firm’s Johannesburg offices, Clyde & Co associate Gregg Hammond said that the scope and magnitude of the case, which could see about 500 000 current and former mineworkers receive up to R200 000 each, was unprecedented in South Africa.
Hammond explained that the class action comprised two separate classes, one for current and former miners who had contracted silicosis, and another for current and former mineworkers who had contracted tuberculosis.
Hammond noted that, prior to the High Court’s judgment, South African common law operated in such a manner that, if a claimant died before the close of pleading, the claimant’s estate, which would include family, was not eligible to receive compensation for general damages.
General damages were determined by a claimant’s pain, suffering or inability to perform certain functions, including work.
The silicosis case judgment now made it possible for a claimant’s estate to receive compensation, even in the event of death before the close of proceedings.
Clyde & Co partner Daniel le Roux stated that this development would have an impact on all future compensation claims and that the insurance industry would likely have to relook at their policy models as a result.
Comments
Research Reports
Projects
Latest Multimedia
Latest News
Showroom
Yale Lifting Solutions is a leading supplier of lifting and material handling equipment in Southern Africa. Yale offers a wide range of quality...
VISIT SHOWROOM
Supplier & Distributor of the Widest Range of Accurate & Easy-to-Use Alcohol Breathalysers
VISIT SHOWROOM
Press Office
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation
