Silicosis: Mining companies approach SCA over High Court ruling

The companies include Anglo American, Anglo Gold Ashanti, Harmony and Sibanye Gold.

Picture: Saps

JOHANNESBURG - Six mining companies have filed a petition in the Supreme Court of Appeal for leave to appeal, against a recent class action certificate judgment in the silicosis case.

The companies include Anglo American, Anglo Gold Ashanti, Harmony and Sibanye Gold.

In its judgment in May, the High Court certified the establishment of two separate working classes for silicosis and tuberculosis and also changed the common law in respect of general damages claims.

The companies now want to appeal against the certificate.

The Occupational and Lung Disease Working Group's Alan Fine says there are important aspects that the judgment failed to address.

"It's a very unprecedented area of law, and companies believe that the principles being decided do need to be considered by a higher court."