Six gold mines petition appeal court over silicosis class action ruling

15 July 2016 - 17:33 By Ernest Mabuza

Six gold companies have each filed petitions to the Supreme Court of Appeal for leave to appeal against the class action certification judgment delivered in the South Gauteng High Court on May 13. The six gold mining companies had applied for leave to appeal against the judgment‚ which certified a class action by mineworkers against gold mining companies in South Africa.Mining companies can appeal TB rulingA full bench in the High Court in Johannesburg has allowed mining companies the right to challenge the transfer of damages to the widows and children of mineworkers who died of TB or silicosis. The landmark judgment paved the way for tens of thousands of mineworkers and former mineworkers suffering from silicosis and tuberculosis to sue the mining companies for damages in a class action.The court refused the mines' leave to appeal in June‚ prompting the mines on Friday to petition the Supreme Court of Appeal directly.The companies are African Rainbow Minerals‚ Anglo American South Africa‚ AngloGold Ashanti‚ Gold Fields‚ Harmony and Sibanye Gold.The companies said they were conscious of concerns that the appeal processes would delay finalisation of the matters.They said the reason they were appealing was because the high court judgment addressed a number of highly complex and important issues. The companies said the high court itself found that the scope and magnitude of the proposed claims was unprecedented in South Africa and that the class action would address novel and complex issues of fact and law.The group said it was of the view that achieving a mutually acceptable comprehensive settlement which was both fair to past‚ present and future employees was preferable to protracted litigation...

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