gavel thumb100 Mineweb reports that the South Gauteng High Court has refused a group of thirty gold mining companies leave to appeal the ruling handed down last month certifying class actions involving silicosis and TB sufferers.  

The court did, however, grant leave to appeal against a finding amending the common law in respect of general damages claims.  Attorney for the miners Richard Spoor commented:  “The leave was granted on the transmissibility issue, which is transmissibility of claims for general damages, and pain and suffering claims, from the mine worker to their dependents.  It’s not really surprising that they got leave on that particular issue.”  The Occupational Lung Disease Working Group –  made up of African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony and Sibanye Gold –  said it still hoped to achieve a “mutually acceptable comprehensive settlement which is both fair to past, present and future employees, and sustainable for the sector” as opposed to protracted litigation.  Spoor agreed that an out-of court settlement would benefit the miners most as it was the quickest route to the mine workers getting their due payment.


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