A small group of former mineworkers on Tuesday listened intently during the resumption of former miner Thembekile Mankayi’s bid to secure R2,6-million from AngloGold Ashanti after he contracted silicosis.
Speaking during an adjournment at the Johannesburg High Court, one of the group — Willie Fuledi — said he hoped the court would make a ruling for other mineworkers seeking a payout for the disease.
”We have dealt with this for a long time,” said Fuledi.
Mankayi previously worked at the old Vaal Reefs mine near Klerksdorp in the North West from 1979 until 1995. He became ill with pulmonary tuberculosis in 1993.
After treatment, it recurred — and in 2006 he was told that he had contracted silicosis and obstructive airways disease.
He believed that his exposure to harmful silica dust at work caused the silicosis and that the dust and harmful gases caused the obstructive airways disease.
He was also of the opinion that the mining company breached its duty of care to him.
He received over R16 000 in compensation and was now seeking the additional money to cover past and future expenses and loss of earnings.
He has a standard five education and did not believe he would be able to find other work — given his condition — as well as where he resides in Khambi in Mthatha in the Eastern Cape.
According to the heads of argument, Mankayi believed that Section 35 (1) of the Compensation for Occupational Injuries and Diseases Act (Coida) constituted a statutory bar to his claim.
That section provided that he may not recover damages relating to his disease from his employer.
Mankayi was paid in terms of the Occupational Diseases in Mines and Works Act (Odimwa) and he alleged that in terms of the provisions of section 100 (2) of Odimwa he was precluded from receiving any benefit in terms of Coida.
He is not, according to the argument, entitled to benefits from more than one source in respect of the disease — so he cannot claim for an increase in compensation in terms of Coida.
Judgement was reserved by Judge Meyer Joffe. – Sapa