Former miner sues for R1m

2003-10-02 11:08

Sizwe samaYende

Kuruman - A frail, former asbestos mine worker in the Northern Cape is suing a local subsidiary of Swiss multinational mining giant, Xstrata, for R1m in compensation after contracting cancer.

Isaac Manchonyane of Maruping village near Kuruman has appointed Nelspruit-based lawyer Richard Spoor to take on Duiker Mining, which is a subsidiary of Xstrata Coal.

Manchonyane has got mesothelioma, an incurable and fatal cancer of the lungs that is common following exposure to asbestos, after he worked for six months at Wandrag Asbestos mine, which was owned and operated by Duiker Mining.

The cancer can take decades to manifest itself.

The married father of three children, aged 18, 11 and five, was diagnosed with the disease about three years ago, and had to be dismissed from his 15-year-job at Impala Platinum.

Duiker owned two blue asbestos mines in the Northern Cape, Wandrag and Emmarentia, that employed about 300 workers between them.

Spoor said that he had served summons on Duiker Mining this week. Attempts to get comment from Xstrata Coal's in Johannesburg however failed.

"These workers were exposed to murderous quantities of blue asbestos," Spoor said.

He said Manchonyane only received R55 700 compensation from the workmans compensation commissioner in October 2000, two years and four months after he was diagnosed with mesothelioma.

Spoor said that the compensation, which is legislated, discriminated unfairly against mineworkers who should receive lifelong pension, medical aid like industrial workers and, upon their deaths, their dependants should continue receiving monthly payments.

"This discrimination reflects economic and political power wielded by the mining industry that enabled them to have legislation that limited compensation to trivial sums enacted," he said.

"The legislation gives the mines a licence to kill and to maim without consequence. It's shocking that large and wealthy multinational corporations such as Xstrata will hide behind such legislation to escape responsibility for their culpable behaviour," Spoor added.

The lawyers said that mining giants like Gencor, Gefco and Msauli had contributed R460m to the Asbestos Relief Fund but Duiker Mining had not.

So Manchonyane is not able to benefit from the fund, Spoor said.

Spoor said that the former mine worker was unlikely to live until his case was finished due to the seriousness of his illness.

"It's too late for [Manchonyane] but if Xstrata does the right thing it's not too late for his family," he said.

- African Eye