Human rights organisation the Legal Resources Centre (LRC), independent body Legal Aid South Africa and London-based law firm Leigh Day & Co are currently busy with the ongoing test case litigation for 18 former mineworkers against diversified miner Anglo American South Africa.

LRC constitutional litigation unit attorney Sayi Nindi tells Mining Weekly that, in April, the amended particulars of claim of the case were submitted to defendant Anglo American South Africa.

“The case started in 2004 and has been delayed owing to objections by the defendant and followed the review of over 500 000 pages of documents dating back to the late 1980s, among other reasons,” she adds.

The plaintiffs, who are from the Free State, the Eastern Cape and Lesotho, were employed at the President Steyn mine, in the Free State, from the 1970s to 1998, and are victims of silicosis and silicotuberculosis.

Silicosis, described by South African medi- cal expert Professor Tony Davies as a “river of disease flowing out of gold mines”, is an incurable occupational lung disease caused by the inhalation of crystalline silica dust, which continues to prove a challenge for the South African mining industry.

Compensation claimed by the 18 ex-mine worker varies, with the highest claim being for the amount of about R3-million, Leigh Day partner Richard Meeran said at a press conference, last month. Two of the miners are now deceased.

In April, some media reports stated: “Lawyers alleged at the conference that Anglo American South Africa ignored the health of its miners, some of whom are exposed to more than four times the internationally accepted levels of silica dust.”

But, Anglo American South Africa tells Mining Weekly in an email statement it does not believe that it is in any way liable for the silicosis claims brought by former gold mine workers and is defending this action.

The statement reads: “The claimants were employed by South African gold-mining companies in which Anglo American South Africa had an interest of less than 25%. Anglo American South Africa maintains that these companies were responsible for the health and safety of their employees and took reason- able steps to protect them.

“Anglo American South Africa is sympathetic towards those miners who have contracted silicosis and fully supports initiatives by the mining industry, government and labour to ensure that they are properly treated and provided with statutory compensation and that silicosis among mineworkers is completely eliminated.”

The company emphasises that it has always promoted a culture of health and safety in the gold-mining companies with which it was previously associated. “The health and safety of all employees is of paramount importance to Anglo American South Africa, which is continually advancing health and safety standards through its policies and programmes.”

Despite government and industry commitment that, by 2013, 100% of all exposure measurement results will be below that of the global 0,1 mg/m3 occupational exposure limit for respirable crystalline silica, the future remains bleak for many former mineworkers of South Africa’s gold mines as studies and reports point to a struggle for medical assistance and compensation.

But many organisations have been established to help deal with the social and financial plight of sufferers in the Free State, the Eastern Cape and Swaziland.

Community leader among former mineworkers in the Free State Dan Mofokeng said at the conference: “Most men can no longer work because of ill health and have financial burdens, which also has significant social implications as their children are not able to attend school.

“There is also no access to quality healthcare and they are treated at State-owned hospitals, which do not have the necessary capacity to deal with silicosis.

“The ex-miners mostly have to rely on the government to supply social grants to victims and families,” he added.

Further, the ex-Mineworkers Union’s Nombulelo Matu, who is from the Eastern Cape and is one of the plaintiffs in the case, says that, in 2006, there were 18 563 ex-mine-workers suffering from silicosis-related illnesses in the former Transkei region.

She notes it has been a challenging jour- ney with no support from government – despite a payout of R54-million by the Depart- ment of Health, in 2004, to the National Union of Mineworkers (NUM) and the ex-mine workers, with each receiving a meagre R2 700. She claims the NUM distanced itself from the former mineworkers’ plight and says it only assists workers who are currently employed by the mines.

However, NUM spokesperson Lesiba Seshoka says the union cannot represent former mineworkers who were not members of the union.

“We are in a position that does not allow us to abuse the funds of current members to fight the plight of ex-mineworkers, who were not part of the NUM. The union assists current and ex-mineworkers suffering from silicosis by facilitating claims, through compensation for medical costs and by assisting their children to get access to bursaries.

“However, in light of the current case with Anglo American South Africa, we may explore the possibility of assisting victims with lodging formal complaints for compensation,” Seshoka tells Mining Weekly.

The NUM is in the process of collecting information to establish a database of its for- mer and current members affected by silicosis to determine how many people are affected and how to further assist such victims.

But, Swaziland Foundation for Socio-Economic Justice project manager Dumezweni Dlamini tells Mining Weekly that South Africa’s former mineworkers living with silicosis and related diseases are fortunate to have the option of acquiring legal support, such as that of the LRC. “In Swaziland, any gathering by a group of people is considered a threat to overthrow the current monarchy.”

He points out that, according to the foundation’s database, there are about 4 000 people living with silicosis in Swaziland and that the foundation will continue to look for more victims to provide support, such as lodging a formal complaint, as most people worked in South Africa’s gold mines.