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Thirty-one former miners have today commenced proceedings in the Johannesburg High Court against AngloGold Ashanti Ltd. The claimants allege that they contracted the lung diseases silicosis and silico-tuberculosis because of excessive dust exposure during their employment at the Vaal Reefs gold mine.

Vaal Reefs was owned and operated by Vaal Reefs Exploration & Mining Company Ltd, which changed its name to AngloGold in 1998 and then to AngloGold Ashanti in 2004. AngloGold Ashanti was therefore the direct employer of the claimants.

A large number of ex-Vaal Reefs miners are expected to join the litigation on an ongoing basis. The litigation is however for specific named claimants only and is therefore not in the form of a “class action”. The claimants’ right to pursue these claims is not open to challenge and no permission to pursue them is required.

The claimants are represented by Johannesburg attorney, Zanele Mbuyisa, who is assisted by London law firm, Leigh Day & Co.

According to Zanele Mbuyisa: “We have been working extensively in the communities in the Eastern Cape, Lesotho and the Free State, which have been devastated by the impact of silicosis and TB. The ex-miners have been effectively abandoned by the industry and the vast majority have not even received the modest levels of statutory compensation to which they are entitled.”

According to Richard Meeran, partner at Leigh Day & Co: “AngloGold patently failed in its legal duty to protect its employees against excessive dust exposure. It is high time that Anglo American and AngloGold set about establishing a settlement scheme to alleviate the suffering of the former miners and their families.”

For interviews, contact: Zanele Mbuyisa on 0827035174 or Richard Meeran on +44 7507 798 358 or rmeeran@leighday.co.uk
Litigation context:
Since 2004 Leigh Day &Co and Zanele Mbuyisa have also been assisting the Johannesburg Legal Resources Centre in a series of claims by 18 former President Steyn gold miners suing Anglo American South Africa Ltd (AASA). Until 1998 AASA was the head office company of a group of 12 Anglo gold mines. It is alleged that AASA negligently controlled and advised the mines within its group. The final arbitration hearing for these claims has been set for 2 September 2013. It is expected to last approximately four months and will be presided over by the former Chief Justice, Sandile Ngcobo and former Appeal Court Justices, Ian Farlam and Noel Hurt.
Leigh Day & Co is also representing almost 2000 ex-gold miners and potentially thousands more in a mass tort action against AASA in the English High Court. This was initiated in September 2011. In July 2012, a UK High Court judge ordered AASA to produce documents for the claimants. AASA’s challenge to the English court’s jurisdiction is likely to be heard by the end of this year.
On 21 August 2012, South African Attorney Charles Abrahams filed an application for certification of a class action against AngloGold Ashanti, Gold Fields Ltd and Harmony Gold.