Johannesburg, 27 February 2024: Just four years after commencing operations, the Tshiamiso Trust has achieved a significant milestone, disbursing over R2 billion to ex gold mineworkers and their families who met the criteria for silicosis and work-related tuberculosis (TB) compensation.
This groundbreaking achievement represents a positive impact on more than 21 200 families, and marks the largest payout ever made by a compensation organisation in this sector.
Dr. Munyadziwa Kwinda, Chief Executive Officer of the Tshiamiso Trust, expressed his gratitude, saying, “This milestone is a collective victory. It is through the remarkable collaboration of all our stakeholders that we have accomplished something unprecedented. Together, we are making a real difference in the lives of those who have suffered due to the working conditions they endured. A special thank you goes to the Trust Ambassadors who worked tirelessly beyond the call of duty to make this milestone possible.”
In addition to reaching the R2 billion payout threshold, the Trust has made several significant strides in enhancing its service offerings and expanding its geographical reach in the past quarter. Key developments include:
- Expanding Benefit Medical Examinations (BMEs): BME services are now available in Botswana, extending Trust services to claimants across South Africa, Lesotho, Mozambique, eSwatini, and Botswana.
- Zimbabwe Pilot Success: A successful pilot project in Zimbabwe paves the way for the official launch of claim lodgement and BME services, bringing vital services closer to those in need.
- Malawi Engagement: Progress in discussions with the Malawian government will enable future service provision, broadening the Trust’s reach.
- Streamlined Death Certificate Process: An amendment to the Trust Deed now accepts Medical Certificate of Cause of Death in the Notice of Death, simplifying the claims process for dependents and resolving challenges related to “natural causes” stated on death certificates.
- Increased Benefit Amounts: Benefits have been adjusted in line with the Consumer Price Index (CPI), safeguarding the economic value of compensation against inflation.
- Extended Dispute Period: Claimants now have 120 days to dispute claim outcomes, ensuring ample time for claimants to log a dispute.
The geographical distribution of claims highlights the Trust’s impact across the region, with Lesotho seeing the highest concentration of payments at 40%, followed by the Eastern Cape in South Africa at 27%. To date, 8 799 Lesotho claims have been paid out, amounting to R799 million, and 5 559 Eastern Cape claims have been compensated, valued at R531 million.
Despite these significant advancements, the Trust acknowledges that challenges remain. Notably, the delays in certification process is complicated by factors such as:
- Missing Documentation: Thousands of claims remain stalled due to the unavailability of essential documentation needed for certification.
- Contact Issues: Many claimants are unreachable using the contact information they provided, which prevents claim updates and scheduling of BMEs.
- Trust Deed Interpretation: Claims using NIOH post-mortem/Autopsy reports to determine the primary cause of death, claims using ODMWA certificates as evidence of compensable disease and lung function impairment, as well as claims for living mineworkers who had TB previously.
“With four years remaining to fulfill our mandate, we are focused on overcoming these obstacles and ensuring that every eligible individual receives their due compensation,” Dr. Kwinda emphasized. “We remain committed to transparency, efficiency, and the continued collaboration with our stakeholders. Our efforts will not waver until we reach as many Settling Claimants as is reasonably possible.”
ENDS
About the Tshiamiso Trust
The Tshiamiso Trust was established to give effect to the settlement agreement reached between six mining companies and claimant attorneys in the historic silicosis and TB class action, on the terms set out in the Trust Deed, which was attached to the settlement agreement and made an order of court. The companies are African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti, Harmony Gold, Sibanye Stillwater and Gold Fields.
The Trust is responsible for compensating all eligible current and former mineworkers across southern Africa with permanent impairment due to silicosis or work-related TB, or their dependants where the mineworker has passed away, in terms of the Trust Deed.
The criteria for eligibility are spelled out in detail the Trust Deed (https://www.tshiamisotrust.com/information/compensation-classes/) but the broad criteria are as follows:
- Mineworkers must have carried out risk work at one of the qualifying gold mines during the qualifying periods between 12 March 1965 and 10 December 2019 indicated in schedule F of the Trust Deed, AND
- For Tuberculosis Claimants, mineworkerw must have been issued with a Certificate of Medical Finding, an Approved ODMWA Certificate or Tuberculosis Certificate, claimants must have undertaken Risk Work at a Qualifying Mine during a Qualifying Period; or if employment was terminated, had undertaken Risk Work at a Qualifying Mine during a Qualifying Period within the immediately preceding twelve calendar month period from the date of issue, OR
- For Silicosis Claimants, the claimant must have been living as at the Effective Date (10 December 2019), even if he/she dies thereafter; have a Silicosis Qualifying Disease; undertaken Risk Work at one or more Qualifying Mines during Qualifying Periods; and is not one of the persons listed in Schedule D (Q(h)ubeka Trust or Bloem claimants) OR
- Where the mineworker is deceased, there must either be evidence that they died due to tuberculosis as the primary cause of death within a year of leaving the mine (where the mineworker died before 10 December 2019), OR evidence that they had silicosis or died from silicosis if it is a silicosis claim.
Potential claimants, including mineworkers and the families of deceased mineworkers, are encouraged to call the Tshiamiso Trust contact centre on 0801 000 240 (for South Africa) or 0027 10 500 6186 (outside South Africa). They can also connect on WhatsApp (+27 78 504 9004) or the Tshiamiso Trust Facebook page and have their questions answered.
Claimants are reminded to be careful of people impersonating the Trust or promising to help speed up their claims. Only the Tshiamiso Trust can process claims. This is a FREE service. Claimants must only share their documents with the officials at the lodgement offices.
Useful links:
- To see if the mineworker qualifies to lodge a claim: https://www.tshiamisotrust.com/information/status-check/
- To view the claims process: https://www.tshiamisotrust.com/information/how-to-claim/
- To view the compensation classes: https://www.tshiamisotrust.com/information/compensation-classes/
- To view daily progress of claims and payments: https://www.tshiamisotrust.com/information/progress-report/
For more information please contact: [email protected]
Issued on behalf of:
Tshiamiso Trust: Stakeholder Relations & Communications
Email: [email protected]
M: 060 890 1080
