Suit launched in August seeks remedies for tens of thousands of affected coal miners. From Moneyweb.
Coal mining groups have vowed to defend the class action suit filed against them in 2023 by human rights law firm Richard Spoor Incorporated (RSI), which is seeking redress for tens of thousands of former and current coal miners afflicted by coal dust diseases.
The four mining groups cited in the court papers are Exxaro, Anglo American, Glencore and South32, which includes BHP Billiton and Seriti Power. All four have filed notices of intention to defend. Anglo American’s coal mines were hived off and separately listed on the JSE under Thungela Resources in 2021.
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The first step in bringing the action involves four applications to the court to certify the miners as a class, which would allow for a more streamlined legal process with the same set of facts being argued on behalf of thousands of current and former miners.
It is this certification process that is being opposed by the mining groups, which have until 2 September to file their affidavits with the Gauteng High Court.
RSI has identified roughly 1,500 miners who would be part of the class, though thousands of other former and current coal miners will be presumed to be part of the legal action unless they specifically opt out.
There is a fear that a protracted legal process lasting several years will result in miners dying off due to the diseases they contracted in the mines. About 5% of sick miners pass away annually.
RSI says three of the miners represented in its class action suit have died in the months since the action was launched.
RSI was the law firm behind the silicosis class action suit against more than 30 gold mining companies, which resulted in a roughly R5 billion settlement for surviving or deceased mineworkers who contracted silicosis as a result of their work in the mines.
Failure to protect
In the latest case, RSI alleges that the mining companies knew of the dangers posed to coal miners by coal dust but failed to protect them from toxic levels of exposure.
The lawsuit seeks to hold the mining companies accountable by compensating victims who developed lung diseases, and families of workers who lost their lives.
It is also alleged that the mining companies failed to implement necessary and statutory safety measures, resulting in miners contracting coal mine dust lung diseases (CMDLD) such as pneumoconiosis and chronic obstructive pulmonary disease (COPD).
Precedent
“In our historic R5 billion settlement in the silicosis case, an estimated 15 000 to 500 000 gold miners were part of the class action,” says RSI director George Kahn.
“If the coal class action follows a similar trajectory, the number of affected workers could potentially be in the hundreds of thousands again.”
Should the class actions be certified by the courts, two classes will be represented in each company’s case:
- Current and former coal mine workers who contracted CMDLD due to exposure to excessive levels of coal mine dust; and
- Dependents of former coal mine workers who have passed away, with their deaths likely attributable to CMDLD.
Kahn tells Moneyweb that efforts are being made to track down current and former coal mine workers, as well as family members of deceased miners who would be eligible to enter the class action suit.
“We believe this case should be easier to prosecute than the silicosis case because the coal mining companies have known for decades that there were statutory minimum levels of coal dust that had to be observed while mining. They also knew that coal dust causes diseases yet they failed to adhere to these statutory minimums.”
RSI claims the harm suffered by coal miners can linger for years, and can result in loss of employment, disability and premature death.
Silicosis case settled
The silicosis case against the gold mines took nearly a decade to reach a settlement due to the number of respondent mines and extensive legal disputes as to what constitutes a ‘class’.
A total of 19 gold mining companies settled the case before it proceeded to trial, thereby avoiding a trial where the merits of both sides’ arguments could be ventilated.
RSI has teamed up with US plaintiff litigation firm Motley Rice LLC to provide global insights and international experience in this type of class action.
