#Silicosis Summary: Bongani Nkala & others v Harmony Gold & others
On Thursday, 23rd June 2016, the South Gauteng High Court heard applications by mining companies including Harmony Gold, Anglo Gold Ashanti, Gold Fields, DRD Gold, Anglo American and African Rainbow Minerals for leave to appeal all parts of the historic judgement the court made on 13 May 2016 on the silicosis case.
On Friday, 24th June 2016, the court delivered its judgement in the appeal case.
The court found that the certification of a class action cannot be appealed and, thus, denied the mining companies the right to appeal, saying “there are no reasonable prospects that another court will come to a different conclusion”.
However, the court granted the companies leave to appeal against parts of the judgement dealing with the development of common law, which would allow for the transmission of damages and compensation to widows and dependents of deceased mine workers.
Download the full summary here.