Nkala and Others (2018/44060), Ex parte [2018] ZAGPJHC 657 (13 December 2018)

Nkala and Others (2018/44060), Ex parte [2018] ZAGPJHC 657 (13 December 2018)

The court found that the two-stage procedure proposed by the applicants, involving certification of four new settlement classes and the issuing of a rule nisi, is consistent with South African legal practice and international approaches to class action settlements. The procedure ensures that class members and interested parties are given adequate notice and opportunity to participate or object before the settlement agreement is finally approved and made binding. The court was satisfied that the applicants had established a prima facie case for the relief sought at this stage, including the appointment of class representatives and joint legal representatives. Accordingly, the draft order,...

Citation
[2018] ZAGPJHC 657
Parties
Applicant: Bongani Nkala; Applicant: Siporono Phahlam; Applicant: Thembekile Mnaweni; Applicant: Matona Mabea; Applicant: Alloys Mncedi Msuthu; Applicant: Masiko Somi; Applicant: Mthobeli Gangatha; Applicant: Landile Qebula; Applicant: Joseph Lebone; Applicant: Zama Gangi; Applicant: Malungisa Thole; Applicant: Monokoa Thomas Lepota; Applicant: Mzawubalekwa Diya; Applicant: Msekeli Mbuziweni; Applicant: Nanabezi Mgoduswa; Applicant: Thulenkho Kuswana; Applicant: Maleburu Regina Lebitsa; Applicant: Mataasao Mable Makone; Applicant: Matsekelo Cisilia Masupha; Applicant: Matiisetso Maseipati Jesenta Nong; Applicant: Bangumzi Balakisi; Applicant: Watu Dala; Applicant: Dyamara Jibhana; Applicant: Mantso Mokoena; Applicant: Mbikanye Sawule; Applicant: Zonisele Nkompela; Applicant: Ishmael Motleke; Applicant: Thabo Ntsala; Applicant: Zimoshile Bozo; Applicant: Zamukulungisa Dyantyi; Applicant: Agrippa Dlisani; Applicant: Mncedisi Dlisane; Applicant: Luvoko Madindala; Applicant: Mtutuzell David Mtshange; Applicant: Monde Mxesibe; Applicant: Mzwanele Bunyonoyo; Applicant: Mzikayise Nqose; Applicant: Xolisile Buthu; Applicant: Zolisa Jejana; Applicant: Malepa Puso; Applicant: Elia Motlalepula Phetane; Applicant: Motlalepula Mokoena; Applicant: Sekhobe Letsie; Applicant: Tshehla Solomon Hlalele; Applicant: Mona Ashton Melao; Applicant: Nkosi Selata Selata; Applicant: Edgar Ntjana Ntjana; Applicant: Ezekiel Mutsana Masupha; Applicant: Harmony Gold Mining Company Limited; Applicant: Randfontein Estates Limited; Applicant: Avgold Limited; Applicant: Unisel Gold Mines Limited; Applicant: Loraine Gold Mines Limited; Applicant: AngloGold Ashanti Limited; Applicant: Free State Consolidated Gold Mines (Operations) Limited; Applicant: Gold Fields Limited; Applicant: Gold Fields Operations Limited; Applicant: Newshelf 899 (Proprietary) Limited; Applicant: Beatrix Mines (Proprietary) Limited; Applicant: Farworks/682 (Proprietary) Limited; Applicant: Driefontein Consolidated (Proprietary) Limited; Applicant: Sibanye Gold Limited; Applicant: Anglo American South Africa Limited; Applicant: African Rainbow Minerals; Applicant: Freegold (Harmony) (Proprietary) Limited; Applicant: GFL Mining Services Limited; Applicant: GFI Joint Venture Holdings (Proprietary); Applicant: K2018259017 (South Africa) (Proprietary) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 December 2018
Case Number
2018/44060
Procedural Posture
Urgent Application / First Stage of Ex Parte Application for Certification of Settlement Classes and Approval of Settlement Agreement
Outcome
Relief sought at the first stage granted. Four settlement classes certified, class representatives and joint legal representatives appointed, and a rule nisi issued for further process.
Judges
P. M. Mojapelo
Legal Topics
Class Action Certification, Settlement Agreement Approval, Silicosis Claims, Tuberculosis Claims, Rule Nisi Procedure
Civil Procedure Delict Class Action Certification Settlement Agreement Approval Silicosis Claims Tuberculosis Claims Rule Nisi Procedure

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Parties

Bongani Nkala

Applicant

Siporono Phahlam

Applicant

Thembekile Mnaweni

Applicant

Matona Mabea

Applicant

Alloys Mncedi Msuthu

Applicant

Masiko Somi

Applicant

Mthobeli Gangatha

Applicant

Landile Qebula

Applicant

Joseph Lebone

Applicant

Zama Gangi

Applicant

Malungisa Thole

Applicant

Monokoa Thomas Lepota

Applicant

Mzawubalekwa Diya

Applicant

Msekeli Mbuziweni

Applicant

Nanabezi Mgoduswa

Applicant

Thulenkho Kuswana

Applicant

Maleburu Regina Lebitsa

Applicant

Mataasao Mable Makone

Applicant

Matsekelo Cisilia Masupha

Applicant

Matiisetso Maseipati Jesenta Nong

Applicant

Bangumzi Balakisi

Applicant

Watu Dala

Applicant

Dyamara Jibhana

Applicant

Mantso Mokoena

Applicant

Mbikanye Sawule

Applicant

Zonisele Nkompela

Applicant

Ishmael Motleke

Applicant

Thabo Ntsala

Applicant

Zimoshile Bozo

Applicant

Zamukulungisa Dyantyi

Applicant

Agrippa Dlisani

Applicant

Mncedisi Dlisane

Applicant

Luvoko Madindala

Applicant

Mtutuzell David Mtshange

Applicant

Monde Mxesibe

Applicant

Mzwanele Bunyonoyo

Applicant

Mzikayise Nqose

Applicant

Xolisile Buthu

Applicant

Zolisa Jejana

Applicant

Malepa Puso

Applicant

Elia Motlalepula Phetane

Applicant

Motlalepula Mokoena

Applicant

Sekhobe Letsie

Applicant

Tshehla Solomon Hlalele

Applicant

Mona Ashton Melao

Applicant

Nkosi Selata Selata

Applicant

Edgar Ntjana Ntjana

Applicant

Ezekiel Mutsana Masupha

Applicant

Harmony Gold Mining Company Limited

Applicant

Randfontein Estates Limited

Applicant

Avgold Limited

Applicant

Unisel Gold Mines Limited

Applicant

Loraine Gold Mines Limited

Applicant

AngloGold Ashanti Limited

Applicant

Free State Consolidated Gold Mines (Operations) Limited

Applicant

Gold Fields Limited

Applicant

Gold Fields Operations Limited

Applicant

Newshelf 899 (Proprietary) Limited

Applicant

Beatrix Mines (Proprietary) Limited

Applicant

Farworks/682 (Proprietary) Limited

Applicant

Driefontein Consolidated (Proprietary) Limited

Applicant

Sibanye Gold Limited

Applicant

Anglo American South Africa Limited

Applicant

African Rainbow Minerals

Applicant

Freegold (Harmony) (Proprietary) Limited

Applicant

GFL Mining Services Limited

Applicant

GFI Joint Venture Holdings (Proprietary)

Applicant

K2018259017 (South Africa) (Proprietary) Limited

Applicant

Procedural Posture

Urgent Application / First Stage of Ex Parte Application for Certification of Settlement Classes and Approval of Settlement Agreement

Legal Issues

  1. 1 Whether the proposed settlement classes should be certified for the purposes of settlement.
  2. 2 Whether the rule nisi procedure is appropriate for approval of the settlement agreement.
  3. 3 Whether the settlement agreement should be made binding on all class members who do not opt out.

Ratio Decidendi

The court found that the two-stage procedure proposed by the applicants, involving certification of four new settlement classes and the issuing of a rule nisi, is consistent with South African legal practice and international approaches to class action settlements. The procedure ensures that class members and interested parties are given adequate notice and opportunity to participate or object before the settlement agreement is finally approved and made binding. The court was satisfied that the applicants had established a prima facie case for the relief sought at this stage, including the appointment of class representatives and joint legal representatives. Accordingly, the draft order,...

Court Disposition

Relief sought at the first stage granted. Four settlement classes certified, class representatives and joint legal representatives appointed, and a rule nisi issued for further process.

Orders

  • Four settlement classes are certified as described in the order.
  • First to forty-eighth applicants are granted leave to act as class representatives of the settlement classes.