The claimants in the Cape plc asbestos litigation in London have reached an agreement with SA mining company Gencor on an amount of compensation, the British legal firm acting for the South African claimants announced on Thursday.
Richard Meeran of Leigh Day and Co said many of the South African victims who were claiming compensation from Cape for asbestos-related diseases — flowing from their employment in Cape-controlled mines in the 1970s — were also exposed to asbestos in mines operated by Gefco, which allegedly was controlled by Gencor.
Gencor was added to the Cape plc proceedings in the British High Court as a defendant during October last year. The company expressed surprise at its addition, saying that it was not subject to British jurisdiction and was unaware of any grounds which could properly justify its joinder to the proceedings.
However, Gencor’s payment of the compensation was conditional upon its reaching agreement with South African attorneys representing other asbestos victims, said Meeran.
Lawyers representing victims outside the Cape litigation wanted to minimise the money paid to the Cape victims, and would prefer that no money was allocated specifically to the Cape victims.
”The entire matter is still being considered by the court in South Africa with a view to a judgment on the Gencor unbundling in February or March, and it is therefore wrong that figures should be publicised in the press,” said Meeran.
”However, agreement has been reached with Gencor on a figure acceptable to the Cape victims, and it would be in everyone’s interest if this matter could be resolved quickly so that asbestos victims begin to receive much-needed compensation.
”Some of the Cape victims have been waiting for four years, and many have died while the case has gone on,” Meeran said. – Sapa