The Tshiamiso Trust announced on Friday it has paid more than R2.27bn in compensation to former mineworkers and dependants of deceased mineworkers affected by silicosis and work-related tuberculosis (TB).
The trust also announced at its AGM it had made significant progress in claimant outreach and processing, while also acknowledging persistent operational and legal challenges.
The trust was constituted in 2020 to implement the settlement agreement reached between six mining companies and claimant attorneys in a historic silicosis and TB class action. The companies are African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Harmony Gold, Sibanye-Stillwater and Gold Fields.
The beneficiaries are mineworkers who worked at one of the 82 qualifying gold mines between March 12 1965 and December 10 2019 and who contracted silicosis or TB due to their work. Beneficiaries also include dependants of deceased ex-mineworkers. The trust has a lifespan of 12 years.
The trust said the largest volume of claims (51%) has been paid to South African beneficiaries, with a strong focus on mining areas in the Eastern Cape and Free State. The second highest number of payments (42%) were made to Lesotho nationals, reflecting the long history of Basotho men in South African mines.
Of the 21,416 claims paid by February 28, 18,817 (88%) were for those classified as living mineworkers, who were either still living or died after the effective date of December 12 2019.
Of the cumulative 21,416 claims paid , 14,075 (66%) were for silicosis class 1, 2,695 (13%) for silicosis class 2, 2,030 (9%) for silicosis class 3, 1,640 (8%) for dependant TB claims, 959 (4%) for dependant silicosis claims; with the balance of 17 (<1%) for living TB claims.
The trust said outreach efforts continued in Botswana, Mozambique and Eswatini.
The trust also expanded its operational footprint with the establishment of benefit medical examination (BME) services in Botswana and a pilot programme for the first lodgements and BMEs in Zimbabwe.
Tshiamiso Trust CEO Dr Munyadziwa Kwinda said there was significant progress in discussions with the Malawian government, paving the way for future operations there.
“The period in review saw the establishment of BME services in Botswana, where some claimants were paid within just two weeks of completing their medical examination. This demonstrates the effectiveness of our streamlined processes,” Kwinda said.
The trust said there were two key amendments to the trust deed announced at the AGM to address significant barriers to compensation.
The first was that the scope for recognising silicosis or tuberculosis as the primary cause of death had been broadened.
This amendment allows that where an official death certificate of a deceased mineworker specifies “natural causes” as the cause of death, a claimant may submit a death notification form (part of the DHA1663 form) or a medical certificate of cause of death, certified by the attending medical practitioner as a medical condition or disease that caused the death.
“This change offers a more practical path to compensation for families.”
The trust has also expanded the window for claimants to dispute outcomes from 30 days to 120 days to ensure fairness in the process.
A major challenge remained the strict medical and legal criteria to qualify for compensation, which were established in the original legal settlement.
The trust said of the 83,810 medical certifications completed, 70% were ruled ineligible as the medical evidence did not meet the prescribed criteria.
Trust chairperson Dr May Hermanus said many who approached the trust with hopes of compensation did not meet the strict medical and legal criteria.
“These criteria are binding on the trust and were established in the settlement agreement that gave rise to its mandate,” Hermanus said.
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