Bongani Nkala & others v Harmony Gold & others

Leave to appeal the certification judgment was heard on 23 June 2016

The application for the certification of a class action was heard in October 2015. This resulted in a historic judgment handed down on 13 May 2016, certifying a class action for those who developed silicosis or TB due to exposure to silica dust in the gold mines. The judgment also developed the common law in line with the Bill of Rights to enable the transmission of any general damages to a deceased mineworker’s estate so that the dependents may benefit.

On 23 June 2016, the South Gauteng High Court heard applications for leave to appeal the whole of its judgement brought by the mining companies, including Harmony Gold, Anglo Gold Ashanti, Gold Fields, DRD Gold, Anglo American and African Rainbow Minerals.