JOHANNESBURG (miningweekly.com) – Following the historic settlement of the silicosis and tuberculosis (TB) class action lawsuit brought against gold mining companies, the parties involved are targeting an efficient and effective implementation of the trust that will administer the funds.

As reported by Mining Weekly Online on Friday, the Gauteng High Court approved a R5-billion settlement between gold mining companies and former employees who contracted silicosis and TB after working in the country’s gold mines.

The settlement is between the Occupational Lung Disease (OLD) Working Group, which represents African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater, and the settlement classes’ representatives, as well as the settlement classes’ law firms Richard Spoor, Abrahams Kiewitz and the Legal Resources Centre.

At a media briefing on Monday, in Johannesburg, the settlement was highlighted as an historic case for both South Africa's legal and mining sectors.

Following the verdict, a few legal steps and processes as set out in the settlement agreement are required to be undertaken before the settlement fund, which will be called the Tshiamiso Fund, can be established.

Only then will the fund be in a position to start paying compensation to eligible mineworkers or their dependants.

OLD Working Group chairperson Graham Briggs said a further step that needed to be taken before the start of the operation of the trust that would administer claims and payment to eligible claimants, was that class members needed to be given the opportunity to opt out of the settlement.

This is owing to the fact that the agreement acknowledges that no individual can be forced to forego his or her right to pursue litigation should he or she choose.

Graham indicated that not many claimants are expected to do so, given the support the parties had seen for the settlement.

Over the next few weeks, court-approved notices will be published and broadcast in the country and other Southern African countries, and on several ratio stations in these areas.

These will inform class members of their right to opt out.

These will be published and broadcast repeated for four weeks, and class members will then have an additional 60 days to submit their opt-out forms, should they choose do so.

Class members are being advised not to sign any opt-out forms if they aim to benefit from the settlement.

Once the opt-out period is over, and the settlement agreement becomes effective, the Tshiamiso Trust will start with the practical work of implementing the settlements.

This will include the trust tracking and tracing class members, processing all submitted claims, including the undertaking of benefit medical examinations and the payment of benefits to eligible claimants.

Owing to the fact that these steps need to be undertaken, OLD Working Group representative Michael Murray indicated that it was unlikely the trust fund would be set up before the beginning of next year.

However, the parties are seeking to get all necessary mechanisms and systems in place at the earliest opportunity.

Murray indicated that it was likely that the fund would be up and running and administering funds only by the second quarter of next year.

A challenge for the fund will be to reach out to all prospective eligible claimants, given that they are scattered across the country and other Southern African countries.

There are ten classes of claimants who, once properly certified, will be eligible for varying degrees of benefits.

A draft trust deed has been prepared by agreement between the parties and will be registered at the soonest opportunity.

For current and former gold mineworkers, this settlement provides an opportunity to receive medical examination and compensation for those eligible claimants suffering from silicosis and, also for TB, under conditions covered by the settlements.

The settlement means that gold mineworkers or their dependants, if the minerworker has passed away, might be eligible for compensation if the mineworkers got sick with silicosis or certain types of TB caused by his or her work at certain gold mines at any time after March 12, 1965.

Eligible claimants are encouraged to start registering their details online at www.silicosissettlement.co.za or by telephone on 080 1000 240.