gavel thumb100 BDLive reports that Anglo American SA argued in the Johannesburg High Court on Thursday that single test cases, rather than a class action, would be a better way for mineworkers suffering from silicosis to establish whether gold mining companies were liable to pay them compensation.  

In six separate applications, gold mining companies were applying for leave to appeal against the landmark silicosis class action certification judgment, which paves the way for billions of rand in claims by former gold mine workers suffering from silicosis and tuberculosis.  Legal teams representing the mineworkers said the certification judgment was not appealable because it only dealt with the procedure that should be followed in the case, rather than deciding on the merits whether the companies were liable.  But AASA’s counsel said an appeal court would consider that everyone had acknowledged the "gigantic scope" of the class action, the novelty and the complexity of the issues involved and that this class action was "unprecedented in our law".


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