Class action specialist Richard Spoor filed the action in the Gauteng High Court last week. From Moneyweb.
Anglo American now finds itself in the crosshairs of class action specialist Richard Spoor, who last week filed an action in the Gauteng High Court for certification of a class action suit against nine Anglo American companies for claims of health damage to coal miners.
Of the nine companies, three are part of Thungela Resources, which was spun out of Anglo American and listed on the JSE in 2021.
In August, Spoor filed a similar class action suit against coal companies South32, BHP Billiton and Seriti Power on behalf of current, former and deceased mineworkers who contracted coal mine dust lung disease (CMDLD) after exposure to coal mine dust.
Read: Coal companies face class action over health damage to mineworkers [Aug 2023]
One of the medical conditions associated with coal mining is chronic obstructive pulmonary disease (COPD), which is characterised by breathing difficulty and airflow limitations.
“It’s a process, but what we’re hoping is to grab hold of those who benefited from this neglect of miners and their families lives and their health, and to hold them accountable in some measure,” said Spoor in a statement.
Spoor has won before
Spoor previously won a multibillion-rand settlement for thousands of surviving or deceased gold miners and their dependants who contracted silicosis as a result of breathing silica dust during their work.
That case took almost a decade, most of it in legal disputes as to what constitutes a ‘class’.
A statement released on Tuesday by Richard Spoor Attorneys says Motley Rice LLC, one of the largest plaintiffs’ litigation firms in the US, is acting as a consultant to the latest case against Anglo American.
Policy versus reality
The statement says Anglo American began mining in South Africa in 1917, and has since expanded its operations into 15 other countries.
“According to its social policy, the company supports ethical mining, including human rights and safety by identifying and managing social and human rights impacts and risks related to labour, security, communities, health and the environment.
“However, testimony from miners alleges the opposite to be true. For example, applicant Ntombi Mahlangu, who worked at Anglo-owned Goedehoop Coal Mine and Greenside Coal Mine between 2002 and 2008, was diagnosed with Coal Mine Dust Lung Disease in May 2023.”
‘Breach of duties’
The class action is based on “delictual causes of action for the respondents’ wrongful breach of their duties to the mineworkers employed by them or who worked in their mines, under the common law, the applicable legislation and the Constitution of the Republic of South Africa from 1996”.
The class action was initiated by the Southern African Catholic Bishops’ Conference. Cardinal Stephen Brislin says the case is an important endeavour on behalf of previous employees suffering from debilitating coal dust disease.
“It is incumbent on companies and employers to ensure that workers have access to protective health equipment and be given adequate training to ensure their safety,” says Brislin.
“When companies fail to do so, reparation and compensation are essential in order to assist the affected workers to access health care, that they have sufficient funds for their livelihoods and that they are able to support their families.”
Defendants
The nine defendants are:
- Anglo American Inyosi Coal
- Anglo American South Africa Limited
- Butsanani Energy Investment Holdings
- Mafube Coal Mining
- Rietvlei Mining
- South Africa Coal Operations
- Thungela Operations
- Thungela Resources Holdings
- Thungela Resources Limited
Anglo’s response
Asked to respond to the class action, Anglo American says it is aware that Richard Spoor Inc had 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,” the company says in a statement to Moneyweb.
