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.