A three weeks ago, African Mining Brief Online reported that the South Gauteng High Court in South Africa had granted ex-miners class certification judgment against their former employers, drawn from the so-called Occupational Lung Disease Working (OLD) Group.
Now, African Mining Brief learns, the OLD Group, made up of African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony and Sibanye Gold, have filed individual applications against the class judgment.
Through a leave to appeal the mining companies are hoping for a different outcome from another court. Legal dons view the recent ruling as the potential catalyst for change in legislation governing occupational health and safety in the mining sector.
It has to be clarified that the class action certification does not address the merits of the claims made against the companies.
The OLD Group is pushing for a comprehensive settlement than a long and protracted litigation/prefers a comprehensive settlement, which it believes it is “fair and sustainable”, to a long and protracted litigation.