The Tshiamiso Trust was founded in terms of the class action settlement agreement concluded between six mining companies, some of their affiliates, the claimants’ representatives and the claimants’ attorneys.

Companies party to the silicosis settlement reached on 3 May 2018 of the silicosis and tuberculosis class action litigation, are pleased to announce that the settlement agreement has become effective. The Occupational Lung Disease Working Group - representing African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater – and Richard Spoor Inc, Abrahams Kiewitz Inc and the Legal Resources Centre representing the claimants, reached this historic settlement after almost five years of negotiations.

A full bench of the Johannesburg High Court today approved the settlement of the silicosis and tuberculosis class action suit. The settlement is between the Occupational Lung Disease Working Group - representing African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony and Sibanye Stillwater, and settlement classes’ representatives as well as the settlement classes’ attorneys Richard Spoor Inc, Abrahams Kiewitz Inc and the Legal Resources Centre.

The parties that have reached agreement to settle the silicosis and TB class action in the gold mining industry are concerned to have learned that some potential beneficiaries, especially in the Eastern Cape, are being misled about how they can register an interest for compensation from the settlement fund, called the Tshiamiso Trust. It is also concerning that people are being asked for payment to register by certain individuals, including ex-mineworker associations and are paying these associations to travel to Johannesburg to do so.

The hearing on whether the High Court should approve the settlement agreement reached on 3 May 2018 began on 29 May 2019, in terms of the court’s order of 13 December 2018. Parties to the settlement made submissions to a full bench of the high court, comprising DJP Phineas Mojapelo, Judge Bashir Vally and Judge Leoni Windell, on why the court should approve the settlement. The hearing is schedule to continue on 30 May 2019.