First blood. Diseased gold miner’s strike first blow against Anglo American

Hazards issue 119, July-September 2012

Over 1,500 poverty-stricken South African former gold miners are taking on the multi-billion dollar global gold mining giant they blame for their deadly occupational lung diseases. And they have now won the first skirmish in the UK courts.

In July 2012, Anglo American South Africa Ltd (AASA) was ordered by a High Court judge in the UK to disclose an array of documents to ex-gold miners who are suing the company after developing the debilitating occupational lung disease silicosis and tuberculosis (TB).

GOLD STANDARD Daniel Seabata Thakamakau, 66, who started mining gold deep underground when he was 19, attended Anglo American’s April 2012 AGM in London to ask chief executive Cynthia Carroll, to “find it in her heart to support the miners and our families, and continue to support our families when we are dead.” Carroll made £2.2m last year.

London law firm Leigh Day & Co is representing the claimants who were deep level gold miners in Anglo's mines in South Africa up to 1998. The law firm argues the case should be heard in London, the head office of AASA parent company Anglo American plc. AASA argues its central administration is in Johannesburg where its board meets and takes decisions regarding the running of AASA's business, and wants the case heard there.

Giving judgment on 16 July, Mr Justice Silber concluded that there were “a number of factors, which cumulatively satisfy me that the claimants have at the very least an arguable case” that AASA’s central administration was in London. In ordering disclosure, the judge concluded that without the documents there was a “very great risk that the claimants will be contesting jurisdiction at an unfair disadvantage.”

The claimants’ lawyer, Richard Meeran, said: “We believe bringing this case in the UK is in our clients’ interests as English courts have well-developed case management procedures for dealing with mass legal actions and the claimants will be entitled to damages at UK levels.” He added: “Anglo American is a multinational that prides itself on its commitment to corporate social responsibility. It is high time that the industry assisted in improving medical facilities in rural areas and establishing a compensation scheme to alleviate the suffering of ex-miners on whose backs it built its business.”

The claimants allege their excessive exposure to dust was caused by the negligence of AASA in its control over and advice given to its gold mines. Rates of silicosis and TB are very high among black gold miners, who undertook the dustiest jobs. The diseases in combination are often fatal. Exact numbers of victims are unknown but tens of thousands are likely to have been affected.


FINISHED “The mine finished me. My chest is in constant pain and walking has become difficult. Every step feels like I am climbing a steep hill. I have lost a lot of weight. I am dying.” Mankazana, 64.	SCRAP “I am a piece of scrap sitting at home. I am unable to get regular work because of my sickness. The mine disabled me.” Nelson, 58.

WORRY “While Anglo became rich from the work that we did on their mines, we are now suffering. I have no money and I cannot afford to get medical treatment. All we are asking is for the company to provide medical assistance and our fair compensation.” Daniel, 66.	ABANDONED “We went on strike in 1987 because of the bad working conditions and low wages at the mine. Instead of resolving the issues, the mine called in the army and many of us were fired. I was paid a meagre amount of money when I left the mine. I feel abandoned.” Elvis, 60.

NOTHING “Every time I breathe I have pain in my lungs. The doctors tell me that the pain will never go away because of the chest illness I have. I have been crippled by the mine for nothing. I have nothing to show now for all the years I worked for them. They made me sick and now I have nothing to look forward to.” Tsietsi, 54.	STRUGGLE “Working at the mine was as struggle. There were injuries all the time and safety was not a priority. We were put under pressure to work harder and faster to finish the work. If a shift ended and the work was not done we were given a written warning. If this happened again after you were written up, your pay was reduced.” Zide, 75.

CRUSHED “The mine has crushed me as we crushed the rock underground.” Bofihla, 71.	DESTROYED "The mine has detroyed me and my family, both financially and health wise." Blom, 50