Human rights lawyers have filed a class action suit against some of South Africa’s top coal producing companies for damages suffered by employees who contracted mine coal dust lung disease.
In an affidavit filed by human rights lawyer Richard Spoor last week, the lawyers want nine mining companies owned by Anglo American to compensate employees for their hardships after exposure to coal mine dust.
The application was brought against Anglo American Inyosi Coal, Anglo American South Africa Limited, Butsanani Energy Investment, Mafube Coal Mining, Reitvlei Mining, South Africa Coal Operations, Thungela Operations, Thungela Resources Holdings and Thungela Resources Limited.
It is on behalf of current and former mineworkers who worked in the coal mines and the dependents of deceased mineworkers whose death is linked to coal mine lung disease. As a result of exposure to coal dust, the mineworkers developed coal mine dust lung diseases, including pneumoconiosis and chronic obstructive pulmonary disease.
Anglo-American said it has been informed that Richard Spoor Incorporated has filed legal action on behalf of former coal miners. “We have not yet been served with the application. Once we do, we will study its content and consider our position.”
Thungela Resources Limited confirmed that it has received the application for certification of a class action from Richard Spoor Incorporated on behalf of various claimants in relation to coal miners’ pneumoconiosis. “Thungela is considering the class action, its potential consequences for the company and its next steps.”
Thungela was established after Anglo American unbundled its South African coal assets amid shareholder pressure to dump fossil fuels and reduce carbon emissions.
In the court papers, Spoor said the mining industry failed to ensure measures to prevent mineworkers from contracting coal mine dust lung disease. He said mineworkers were often exposed to harmful quantities or concentrations of coal mine dust, and the monitoring of dust and dust prevention measures at the mines were ineffective.
“South Africa’s coal mining industry has enjoyed almost complete immunity in respect of the harm done to mineworkers’ health as a result of exposure to harmful quantities or concentrations of coal mine dust, and has never been held accountable,” he said in the affidavit.
He said to the best of his knowledge, despite the death and serious injury of thousands of mineworkers over the last decades from exposure to harmful quantities of coal mine dust, there has never been an inquest or an accident inquiry into one of these deaths or injuries. “This is despite the fact that such inquests and inquiries should have taken place, both in terms of the relevant mine health and safety legislation and in terms of the Inquests Act 58 of 1959. Nor, to the best of my knowledge, has any employer in South Africa’s coal mining industry ever been prosecuted for negligently exposing a mineworker to excessive quantities of dust and thereby causing his death”.
Spoor lawyers had consulted 1,436 current or former coal mineworkers and dependents of deceased mineworkers. He received instruction from 107 mineworkers or their dependents.
“All of the coal mineworkers concerned have instructed me that they believe they have suffered a lung function impairment (as a) consequence of their exposure to dust in or on the respondents’ coal mines.”
Further applications will be brought against South32, Glencore and Exxaro. In 2019 the court approved a R5bn landmark settlement for mineworkers who contracted TB or silicosis from working in certain gold mines during specific periods between March 12 1965 and December 10 2019, in applications brought by Spoor.
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