The judgment addresses a number of highly complex and important issues, including a far-reaching amendment of the common law, that have not previously been considered by other courts in South Africa.
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. The companies are applying for leave to appeal because they believe that the court’s ruling on some of these issues is incorrect and that another court may come to a different decision.
The judgment in respect of certification of the class action - and the appeals - do not deal with the merits of the claims made against the companies.
The working group does not believe that the legal processes should delay the attempts to expeditiously achieve a comprehensive settlement which is both fair to past, present and future employees, and sustainable for the sector.
While the companies deny liability for the claims, it is nonetheless the working group’s view that a fair and sustainable settlement is preferable to long and protracted litigation. It is with this in mind that discussions, which have been proceeding for more than a year, are continuing with claimants’ representatives.
In March, Bizcommunity.com reported that Anglo Gold Ashanti and Anglo American South Africa agreed to place R484m in a trust to be used to compensate miners and their families affected by silicosis.
