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Tshiamiso Trust reaches R2bn in payments to silicosis and TB beneficiaries

The Occupational Lung Disease Working Group, including six mining companies involved in the 2018 silicosis and tuberculosis (TB) class action settlement, has announced that the Tshiamiso Trust has exceeded R2 billion in payments to eligible miners and their dependents. This milestone highlights the success of the cooperative approach in ensuring that workers impacted by occupational lung diseases receive the compensation they deserve.

The Tshiamiso Trust, established to implement the terms of the class action settlement, plays a key role in ensuring compensation for eligible claimants. It was created as part of the agreement between African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony, and Sibanye-Stillwater (collectively referred to as the Founders) and the claimants.

The Trust is responsible for the implementation and administration of the class action settlement agreement, thereby ensuring that all eligible current and former mineworkers of the Founders with silicosis or work-related TB (or their dependents) are compensated in accordance with the class action settlement agreement.

The founders believe that the ongoing implementation of this settlement agreement stands as a powerful testament to the value of a cooperative, constructive, and solutions-driven approach—demonstrating that even challenges once thought insurmountable can be successfully overcome.

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The achievement is also a result of the significant contributions made by various stakeholders, beyond the settling companies. These include the Tshiamiso Trust itself, the Compensation Commissioner for Occupational Diseases, and the Minerals Council South Africa.

The Compensation Commissioner has played a pivotal role by fully cooperating with the Trust and granting access to the critical records held by the Medical Bureau for Occupational Diseases (MBOD). This access has been essential for processing claims. Without it, many certifications by the Trust would not have been possible. The Minerals Council South Africa also deserves recognition for funding the digitisation of MBOD records over several years, enabling the smooth sharing of information that has facilitated claims administration.

The Tshiamiso Trust’s efforts in identifying and reaching claimants who might otherwise have remained unaware of their entitlements under the Trust Deed. The Trust has conducted medical examinations, digitised claimant records, and updated its database to streamline statutory compensation payment. This has enabled a significant proportion of Trust claimants who had never submitted claims for MBOD compensation to pursue their entitlements, in addition to their Trust benefits.

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This collaborative effort has led to impressive results, with R2 billion in payments now being distributed to eligible claimants. In addition, the Founders continue to engage with the Trust to ensure smooth and consistent implementation of the settlement agreement. Where necessary, the Trust Deed has been amended to clarify certain provisions and improve the claims process. Notable changes include:

• Claimants now have 120 days (instead of the original 30 days) to lodge disputes with the Trust regarding notices of ineligibility of their claims
• The period for lung function testing to assess the impairment caused by TB has been extended from 18 calendar months to 24 calendar months following the completion of treatment;
• The Founders waived their right to request a reduction in the benefits payable under the Trust Deed by the amount by which ODMWA compensation was increased beyond the CPI in April 2024. This effectively prevented a benefit reduction of approximately 10%;
• The extension of the documentation required to enable confirmation of silicosis and TB as the primary cause of death under the Trust Deed.

About the author

Mining Review Africa
Content Team

Mining Review Africa

Mining Review Africa is a platform promoting advancement and sustainable development in African mining, providing insights on technology, finance, and industry trends through engagement with mining companies and suppliers.