The high profile battle in the South African courts to secure compensation for South African asbestos miners and their families has concluded with a landmark multi-million rand settlement which will lead to the first and only asbestos trust fund in South Africa. It represents justice for thousands of South African former asbestos miners whose lives have been destroyed by the mining firms Gencor and Gefco.
Thompsons worked with South African lawyers and the South African miners' unions to reach the historic settlement. The fund, worth £35 million, is the first time that black miners in South Africa have been paid compensation by an employer for the injury and death caused by its negligence.
The firm is immensely proud to have been involved in this very practical example of international solidarity between workers. Our skills and experience drawn from the fight for justice for victims of the mining industry and those exposed to asbestos in the UK has enabled a deal that has faced intense resistance from the business community in South Africa.
The significance of the eventual success of this project lies not only in the amount of money secured for the victims of the South African asbestos mining industry, because ultimately no amount of compensation can right an injustice, but also in the long term impact of the settlement on workers' compensation in a country where there has been a disregard for health and safety at work.
Thompsons is now also speaking to the mining unions about the coal and gold mining industries where there is even more widespread suffering than in asbestos. Mark Berry of Thompsons said: "This is a practical demonstration of international solidarity between workers. We have been able to use Thompsons' extensive experience of representing British workers with asbestos related diseases, to assist Ntuli Noble Spoor and the South African NUM.
"This is an open and transparent Trust, agreed as the most efficient and cost effective way of getting compensation to the victims. It will be run by people of probity and integrity and will be independent of both employers and lawyers".
One of the most important factors in the case was the threat of litigation in London for compensation levels in accordance with UK law which would be significantly higher than that available under South African law.