The Occupational Lung Disease Working Group has lauded the work done by the Tshiamiso Trust, which has paid out R2-billion in settlements to claimants so far.

The working group comprises six mining companies party to a silicosis and tuberculosis (TB) class action settlement of 2018, which led to the establishment of the Tshiamiso Trust.

The trust is tasked with implementing the terms of the class action settlement reached between African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater and claimants, particularly to manage compensation.

The class action involved current and former mineworkers, or dependants of deceased mineworkers, claiming compensation for contracting silicosis and/or TB during their employment at the companies’ qualifying gold mines between March 12, 1965, and December 10, 2019.

Under the terms of the settlement agreement, the mining companies agreed to provide R5-billion in compensation to claimants and towards the trust to operate.

The gold mining sector in South Africa has employed more than 1.3-million people. Of that, about half, or 630 000 people, have worked on mines that are party to this trust, in the period that the trust covers.

The R2-billion payout milestone, reached on February 27, marks the largest payout ever made by a compensation organisation in South Africa’s mining sector.

Notably, the compensation includes claims paid out to almost 8 800 Lesotho-based claimants, amounting to R799-million, and claims to 5 559 Eastern Cape-based claimants, valued at R531-million.

The trust remains committed to solving some persistent challenges with the system, such as missing documentation and unreachable claimants.

The working group also acknowledges the efforts by the Compensation Commissioner for Occupational Diseases and Minerals Council South Africa, which have played critical roles to enable payments.

“We believe the ongoing implementation of this settlement agreements stands as a powerful testament to the value of a cooperative, constructive and solutions-driven approach – demonstrating that even challenges once thought insurmountable can be successfully overcome,” the mining companies state.

The working group advises that, to ensure the Tshiamiso Trust continues to consistently interpret the trust deed, some amendments have been made.

Claimants now have 120 days – instead of 30 days previously – to lodge disputes with the trust regarding notices of ineligibility of their claims, while the period for lung function testing to assess the impairment caused by TB has been extended from 18 calendar months to 24 calendar months following the completion of treatment.

Other changes include the prevention of benefits reducing by more than 10% as a result of consumer price inflation factors, as well as the extension of the documentation required to enable confirmation of silicosis and TB as the primary cause of death under the trust deed.