The Supreme Court of Appeal is on Thursday expected to hear argument in the appeal of a sick Eastern Cape miner who is suing Anglo Gold Ashanti Ltd for R2.6 million for lung diseases he contracted while working underground.
Thembekile Mankayi, 50, alleges that he contracted various irreversible lung diseases as a mineworker while working for the mining group over 16 years, which was caused by Anglo Gold's wrongful and negligent acts or omissions.
Mankayi's lawyer, Richard Spoor, in a statement said the matter focused on the right of former mineworkers who have contracted occupational lung diseases to sue their employers on grounds of negligence.
Mankayi alleges that Anglo Gold acted in breach of both its common law and statuary duty to take reasonable measures to prevent him from being exposed to harmful quantities of dust and gas in the workplace.
In the high court Anglo Gold Ashanti filed a special plea in which the mining house alleged that employees were prohibited from suing their employer on grounds of negligence by virtue of the provisions of the Compensation for Occupational Injuries and Diseases Act, 1993 (COID).
Mankayi argued that the relevant section under COID had no application to mineworkers with occupational lung diseases as such mineworkers had no right to compensation under the Act, therefore the prohibition did not apply to them.
Mine workers are eligible to receive benefits under occupation specific legislation, namely the Occupational Diseases in Mines and Works Act, 1973 (ODIMWA).
Spoor said the ODIMWA Act, which was administered by the department of health, provided benefits that were substantially inferior to those provided by the COID.
The appeal will centre on the proper interpretation of section 35 of COID.
The Gauteng South High Court found in favour of Anglo Gold in 2008, where after Mankayi successfully applied for an appeal to the SCA.
Spoor said Mankayi was hoping for a ruling that would confirm the right of former mineworkers to sue their employers as the implications of a successful appeal would be important. - Sapa