Justice for South African Gold Miners
For over 20 years, ACTSA fought alongside ex miners with silicosis to seek compensation for their ill health caused by poor mining safety. In 2019, a South African court awarded £268 million in compensation to miners and their families. More than six years on, delays and unnecessary barriers to payments are still being fought by the claimants.
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Background
Silicosis is a lung disease caused by prolonged exposure to silica dust. It decreases lung capacity, making it difficult to breathe and massively increases the risk of tuberculosis (TB). Silicosis and (especially) TB can be fatal. Although the methods of preventing silicosis have been known for over a century, it is estimated that tens, possibly hundreds, of thousands of ex-gold mineworkers in Southern African are suffering from silicosis.
Under apartheid, mining was South Africa’s biggest industry. Hundreds of thousands of gold mineworkers, recruited from rural South Africa and neighbouring countries, worked underground in appalling conditions. Profits were prioritised over the safety of workers. Black mineworkers undertook the dustiest jobs and were sent home without any compensation or support when they were too sick to continue working.
Anglo American South Africa (AASA) was the largest and longest established gold mining company in South Africa throughout the 20th century. The other companies who are (or at least historically have been) involved in gold mining in South Africa are: African Rainbow Minerals; AngloGold Ashanti; Gold Fields; Harmony; and Sibanye Gold. AASA and these five mining companies have formed the Occupational Lung Disease Working Group (OLDWG).
On 26 July 2019, the South Gauteng High Court approved a class action settlement worth at least R5 billion (approximately £268 million). The settlement establishes the Tshiamiso Trust, which will be responsible for paying compensation to eligible gold mineworkers and their dependents in Southern Africa.
In March 2016 a settlement on behalf of 4,365 ex-mineworkers with an overall value estimated to be more than R500 million (£23 million) was achieved with Anglo American South Africa and AngloGold Ashanti. Under the settlement, R464 million (£21 million) will be paid into an independent trust, known as Q(h)ubeka. The trust will arrange for the 4,365 ex-mineworkers to have a medical, and those who have silicosis at or above a certain level and are able to demonstrate they worked as a mineworker for the companies for at least two years will receive compensation.
The Campaign Now
More than five years on, the Tshiamiso Trust has been challenged by local support groups on the delays and the creation of new barriers, which is preventing even the minimal payouts of compensation to dying miners and their families.
Justice for Miners is an independent civil society group supporting ex-miners and their families in accessing compensation for the damage caused to their health from working in the mines. The group is calling for wider public participation to help miners finally achieve justice after years of suffering from work-related illnesses, high mortality rates, and continued impoverishment of their families. ACTSA is assisting Justice for Miners by raising awareness and engagement in the issue.
What you can do
We’d love your help to raise the profile of the campaign to put pressure on governments and multilateral institutions to take notice and act.
Please do this by sharing our social posts or watching ‘Dying for Gold’ – a powerful documentary that sheds light on the health damages suffered by miners and the lasting impacts on their families.
Find out more
For more info you can also read our public statement and briefing paper on the issue or head to Justice For Miners to read more.
