Ditshwanelo sues for former SA gold miners� welfare
Oarabile Mosikare | Friday March 6, 2015 18:30
Ditshwanelo - Botswana Centre for Human Rights has filed compensation litigation against South African gold mining companies on behalf of former Batswana mine workers affected by Silicosis.
A researcher at Ditshwanelo, Kabelo Mahupela said during a debate at the University of Botswana (UB) about the state of inequality in Botswana that his organisation is helping the former mine workers who suffered from the chronic lung disease caused by inhaling tiny bits of silica dust. Silica is said to be the second most common mineral in the earth’s crust.
Silica dust can cause fluid build-up and scar tissue in the lungs that cuts down a patient’s ability to breathe. Many former miners have died of Silicosis, whilst others are suffering from it. “In July 2012, Ditshwanelo, together with Richard Spoor Attorneys pursuant to a Memorandum of Unity commenced the Silicosis compensation litigation project.
The project was part of a legal suit brought on behalf of former Batswana mineworkers employed in SA against the country’s gold mining companies.
The project seeks to collect data for the purported class action suit by way of identifying places in Botswana which were recruitment centres for prospective miners for South African Mining Companies,” said Mahupela.
Ditshwanelo collected data by contacting former miners who worked for gold mines in South Africa and contracted silicosis and other lung related diseases, due to over exposure to silica dust.
The organisation also applied that those affected, after completion of legal forms inter alia power of attorney and contingency fee forms, be registered as claimants in the legal suit. “These former mine workers will be part of a regional class action case against current and former gold mining companies in South Africa. “In the event of the former miner’s demise due to silicosis, then contact will be made to that miner’s family in order to obtain compensation by way of a dependants claim.
“The case was consolidated in 2013 with that of the Cape Town based Abrahams Keiwitz and Legal Resource Centre.” He said the parties have already met with the deputy president of the Johannesburg High Court for scheduling orders and preliminary procedures.
“As the project and registration progressed, Ditshwanelo became aware of increasing complaints about the restriction and exclusion of the project. “In terms of the project, to qualify, you had to have worked a minimum of 10 years underground and 20 years on the surface.
“You had to have also been working in a gold mine and suffering from silicosis or any occupational lung disease.
“The criteria made it very clear that issues associated with the mine, which did not meet the aforementioned requirements were excluded,” said Mahupela.