Former mineworkers challenge Tshiamiso Trust in compensation dispute | The Citizen

The Justice for Miners (JFM) advocacy group has urged the national department of health to intervene in a growing dispute over compensation for former mineworkers.

At issue is whether medical records issued by the state’s Medical Bureau for Occupational Diseases (MBOD) should be accepted as sufficient proof of illness by the Tshiamiso Trust, which administers the landmark R5 billion settlement for miners who contracted TB and silicosis.

The companies – African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Harmony Gold, Sibanye-Stillwater and Gold Fields – conceded that between 1965 and 2018, about 500 000 workers contracted TB and silicosis at their workplaces.

JFM spokesperson Catherine Meyburgh said the trust is not accepting MBOD certificates as proof of illness.

But mining companies used the same certificates to retrench mineworkers who were ill with silicosis or TB.

“How is it possible that they are now not good enough for compensation from the Tshiamiso Trust?” she asked.

Meyburgh said the trust should recognise MBOD certificates and pay all miners immediately.

“They have the documentation and this will ensure no further delays in payment and reduce the administration costs of the trust,” she said.

“The trust has reported it is running low on funds and has even said that it may stop taking further lodgements in 2029, while the trust is supposed to operate for 12 years – until 2031. It should run even longer due to the delays caused by Covid.”

Meyburgh said her organisation has evidence the assessment used by the trust has serious flaws, as there was a mistake where they stated the victim was at a lower degree of illness when the miner should have received a higher payment.

“We have found issues with some of the diagnoses,” she said.

“In one case, a worker’s height was incorrect [he was noted being shorter] meaning a lung function test will be incorrect. So, his lung function was found to be in a lower compensation category than it should have been.”

She said there was an urgent need for the department of health, the MBOD and Compensation Commissioner for Occupational Diseases to stand by their certification of silicosis and TB.

“If they are unable to do this – are they saying their certifications used to pay compensation are not up to standard?” she said.

Meyburgh said if the trust, mining firms and other relevant bodies failed to agree, they would seek legal advice.

She also said the organisation was working with UK-based organisation Action for Southern Africa and also in discussions with Anglo American South Africa to facilitate a meeting with the trust in the coming weeks.

A mineworker, who asked to remain anonymous, said after working for 32 years for one of the mines and being laid off after contracting silicosis, he was only paid R70 000 by the trust.

He said his medical record from the department of health was not considered during the assessment.

“I am paralysed due to the TB that I contracted at the mine and I am not even able to work in my garden because my chest is always painful,” he said.

“A private doctor said my chest has sustained irreversible damage. I feel that I have been used and dumped.”

Department of health spokesperson Foster Mohale referred questions to Tshiamiso Trust.

The trust CEO Dr Munyadziwa Kwinda said it was aware of statements and concerns regarding the use of historical Occupational Diseases in Mines and Works Act (ODMWA) certificates in claims for compensation.

“To understand the trust’s position, it is critical to distinguish between historical medical certificates issued under statutory frameworks [such as ODMWA] and the specific, legally binding medical certification requirements set out under the Tshiamiso Trust Deed,” said Kwinda.

“The trust does not view or declare historical ODMWA certificates as ‘invalid’. Rather, the trust is legally obligated to assess whether the available medical evidence meets the specific eligibility criteria mandated by the Tshiamiso Trust Deed.”

He said an ODMWA certificate may have served a valid purpose in statutory compensation frameworks or employer employment processes when it was issued.

“However, entitlement to a benefit from the Tshiamiso Trust must be evaluated in accordance with the specific diagnostic standards negotiated in the class action settlement,” he said.

Kwinda denied the claim that the trust will close early in 2029 due to lack of funds.