Q(h)ubeka Trust

Overview

The Q(h)ubeka Trust was established on 4 March 2016 in a legal settlement between attorneys representing ex gold mineworkers, Richard Meeran from Leigh Day & Company and Zanele Mbuyisa from MbuyisaNeale Attorneys, and Anglo American South Africa Limited (AASA) and AngloGold Ashanti Limited (AGA).

The Trust, whose name means in Xhosa “go forward” and was named in honour of the thousands of claimants who have struggled for decades without proper compensation from mining companies, was registered by the Master of the High Court on 22 April 2016.

The primary objective of the Trust is, as per Clause 4 of the Trust Deed, to provide compensation to Qualifying Claimants and Dependant Claimants in respect of Silica Related Diseases on the basis set out in the Trust Deed thoroughly, efficiently and reliably.

The Settlement covers 4365 named ex mineworkers, otherwise referred to as the Claimants, whose claims the Trustees must process in terms of the provisions set out in the Trust Deed and agreed to by the attorneys representing the ex-mineworkers and AASA and AGA.

In order to qualify for compensation Claimants must have worked for a qualifying operation for at least two years in aggregate and have a Silica Related Disease.

Claimants reside mainly in the Eastern Cape, Free State, Gauteng, and in the neighbouring countries of Lesotho and Swaziland.  The Trustees have set up a network of offices and service providers in these areas and countries to receive and process claims from Claimants.

Whilst it was also the product of a court case dealing with similar issues, the Q(h)ubeka Trust should not be confused with the current and ongoing class action against various gold mining companies on behalf of gold miners who have developed silica related diseases.  The class action was initiated with the objective of achieving the following goals:

• Help further establish workers’ rights to compensation under the South African Constitution and common law;
• Provide medical monitoring, surveillance and treatment for mine workers with silicosis;
• Hold accountable through the justice system the entities whose alleged negligence has harmed mine workers under their care;
• Promote substantial improvements in workplace health and safety

More information about this very important legal action can be found on www.goldminersilicosis.co.za.