The South Gauteng High Court today granted mining companies leave to appeal against a finding amending the common law in respect of general damages claims. It refused leave to appeal on the certification of silicosis and TB classes. The application for leave to appeal arose from a judgment delivered on 13 May 2016.

The companies are considering the judgment.

The Occupational Lung Disease Working Group, made up of African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony and Sibanye Gold, remains of the view that achieving a mutually acceptable comprehensive settlement which is both fair to past, present and future employees, and sustainable for the sector, is preferable to protracted litigation. Notwithstanding that the companies deny liability for the claims, the Working Group will continue with its efforts – which have been ongoing for more than a year – to find common ground with stakeholders, including the claimants’ legal representatives.

The Working Group does not believe that the legal processes should delay these efforts to find a fair and sustainable settlement.

The judgment addresses a number of highly complex and important issues. The Court itself found that the scope and magnitude of the proposed claims is unprecedented in South Africa and that the class action would address novel and complex issues of fact and law.

Issued by Russell and Associates