Silicosis Class Action: Tshiamiso Trust

 

Silicosis Class Action: Tshiamiso Trust

 

Richard Spoor Incorporated Attorneys (RSI) filed an application to certify a class action with 69 former gold miners representing the class of former mine workers suffering from silicosis on 21 December 2012. The motion named various gold mining companies as defendants.

The High Court certified the class action in 2016, but the majority of respondents ultimately agreed to settle.

The terms of the settlement provided for the establishment of the Tshiamiso Trust, and by 6 February 2020 all seven of trustees were appointed following registration of the Trust with the office of the Master of the High Court.

Through the Tshiamiso Trust, employees who worked at any of 82 gold mines listed in the settlement agreement between 12 March 1965 and 10 December 2019 and who contracted silicosis or TB due to their work are potentially eligible for compensation.

Spot’s work involved the meticulous handling of approximately 64,000 personalised client records from persons distributed across Southern Africa, extending to regions such as Lesotho, Swaziland, and Mozambique.

RSI established dedicated offices and logistics hubs throughout Southern Africa. Orchestrated from a central command in Johannesburg, which included a specialized call centre, RSI ensured continuous operations across country borders. The formidable task of digitizing hundreds of thousands of documents was adeptly managed through Spot’s system. This system efficiently converted a multitude of handwritten and scanned documents into digital form, ready for processing and systematic organization in anticipation of their transfer to the Tshiamiso Trust.

The dataset underwent rigorous cleaning and organizing processes, ensuring each of the 64,000 clients' details was accessible and navigable, facilitating instantaneous access to individual claimant profiles. This high-fidelity dataset was then handed over to the Tshiamiso Trust, where it has been instrumental in the equitable distribution of funds. The Trust has lauded this dataset as one of the most pristine and well-structured data sets it has received, a testament to Spot Settlements’ dedication to delivering work of the highest calibre.

As at 9 June 2025, the Tshiamiso Trust has paid out R2.147 billion in claims.