High Court sets out process to action against silicosis, TB settlement agreement

13th December 2018

By: Marleny Arnoldi

Deputy Editor Online


Font size: - +

The Johannesburg High Court on Thursday issued a court order setting out the processes in terms of which members of the settling classes and any interested parties should be invited to show cause why the silicosis and tuberculosis class action settlement agreement should not be made an order of court.

This follows the signing of a settlement agreement on May 3 by 48 representatives of the settling classes, who are represented by various law firms, and the companies that are members of the Occupational Lung Disease Working Group, including African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields, Harmony Gold and Sibanye-Stillwater.

The second part of the court process is a further hearing during which the court will consider arguments by the parties to the settlement, as well as arguments by other interested parties, who are granted leave by the court to participate.

This second hearing’s purpose is to determine the fairness and reasonableness of the settlement. The second hearing has been scheduled for May 29 to 31, 2019.

If no one notifies the court that they wish to object to the settlement agreement being made an order of court, the matter is scheduled to be heard earlier – on April 3.

The requirement that any class action settlement should be approved by the court was set out in the May 2016 class action certification judgment issued by the same court.

Both the court order granted on Friday and the settlement agreement set out steps that will need to be followed from this point.

The parties to the settlement agreement can seek an order from the Johannesburg High Court approving the settlement agreement.

This will enable the parties to fulfill the remaining conditions in the settlement agreement, leading ultimately to the establishment of a trust that will be responsible for making payments to all eligible beneficiaries.

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online



John Deere (Pty) Ltd
John Deere (Pty) Ltd

In 1958 John Deere Construction made its first introduction to the industry with their model 64 bulldozer.

ESAB showroom image
ESAB South Africa

ESAB South Arica, the leading supplier of high-end welding and cutting products to the Southern African industrial market is based in...


Latest Multimedia

sponsored by

Resources Watch
Resources Watch
19th June 2024

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
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?







sq:0.178 0.21s - 89pq - 2rq
1: United States
Subscribe Now
2: United States