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Mining Weekly quotes Paul Fouche and Neil Searle in an article about a silicosis class action in South Africa

Fasken
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“Gold miners’ silicosis case could open floodgate for litigation in other sectors” by David Oliveira, Mining Weekly Mining Weekly quotes Johannesburg lawyers Paul Fouche and Neil Searle in an article about the class action launched by current and former gold miners against over 30 gold mining companies, which could inspire future class action litigation against manganese and coal mining companies.

“This case made it possible for workers suffering from lung disease to sue their employers for civil damages,” Fasken Martineau senior associate Neil Searle points out.

“The Mankayi case . . . changed the preclusion under Section 35 of Coida such that it no longer applies to employees with claims for compensation arising from occupational diseases contracted in mines under the ODMWA. This, in turn, opened the door for the silicosis class action litigation,” Fouche explains.

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