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South Africa: Thousands join occupational lung diseases class action as mining companies oppose certification application

South Africa: Thousands join occupational lung diseases class action as mining companies oppose certification application

Rédaction Africa Links 24 with Ed Stoddard
Published on 2024-02-27 22:01:44

Richard Spoor Incorporated (RSI) has seen a surge in support for its class action against coal companies as thousands of former and current mine workers have joined its cause. The firm estimates that hundreds of thousands could eventually participate in the lawsuit.

RSI gained recognition for its successful R5-billion settlement on behalf of gold miners who developed the incurable lung disease silicosis from exposure to silica dust. Building on this momentum, the firm filed papers last year against major coal companies in South Africa, including South32 Group, BHP Billiton, Seriti Power, Exxaro Group, the Anglo American Group, and Glencore. These companies are accused of failing to adequately protect workers from coal mine dust lung diseases such as pneumoconiosis and chronic obstructive pulmonary disease.

RSI Director George Kahn noted that, similar to the gold miners’ case, the coal class action is expected to involve a significant number of affected workers, potentially reaching hundreds of thousands. The legal process for a class action in South Africa involves two stages, with the first being certification by a court, which all parties have filed notices of intention to oppose.

While Daily Maverick’s request for comments from the companies involved was not answered, RSI provided updates on the ongoing legal proceedings. The court process is expected to be lengthy, as seen in the six-year period it took to reach a settlement in the silicosis case.

The coal industry, like other mining sectors, has taken steps to improve health and safety standards in recent years. However, the RSI class action seeks to address historical negligence dating back to the apartheid era, aiming to hold companies accountable for past practices that prioritized profits over worker safety.

Tragically, some coal miners who joined the class action have already passed away, underscoring the urgency of the situation. RSI highlighted the high mortality rate among miners suffering from coal mine dust lung diseases, with approximately 5% of sick miners dying annually.

The race against time in this legal battle is intensified by the backdrop of the coal sector facing financial challenges as banks divest from fossil fuels due to climate change concerns. The uncertain future of coal combined with the ongoing health risks faced by affected miners adds a sense of urgency to the proceedings.

As the litigation continues, RSI anticipates further challenges, including the potential passing of additional class representatives. The firm remains committed to seeking justice for coal miners affected by lung diseases and holding accountable the companies responsible for their suffering.

Overall, the class action against coal companies represents a significant effort to address long-standing issues in the mining industry and secure compensation for affected workers. Despite facing obstacles, RSI’s pursuit of justice underscores the importance of holding corporations accountable for their actions.

Read the original article on Daily Maverick

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