South Africa Case Law

Compensation Commissioner for Occupational Diseases v Impala Platinum Limited (2023-030939)

Compensation Commissioner for Occupational Diseases v Impala Platinum Limited (2023-030939) [2024] ZAGPPHC 902 (11 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-030939

Judge

Lingenfelder

The court upheld an exception to amended particulars of claim over vague and embarrassing pleading, but allowed the Commissioner 20 days to amend.

• Exception Procedure
• Vague And Embarrassing Pleading
• Occupational Diseases In Mines And Works Act
• Shortfall Claims
• Notice Requirements
• Exception-procedure

Nkala and Others (44060/18), Ex parte

Nkala and Others (44060/18), Ex parte [2019] ZAGPJHC 260 (26 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

44060/18

Judges

Windell, Mojapelo

The court finds that the settlement agreement is fair, reasonable, and adequate for all class members. The agreement provides meaningful compensation for silicosis and tuberculosis claims, in addition to statutory benefits under ODIMWA. The Trust is adequately funded, with unlimited liability secured by guarantees, and structured to locate and compensate eligible claimants efficiently. The opt-out procedure protects the rights of high-value claimants. The settlement avoids the risks, costs, and delays of protracted litigation, which could last over a decade and result in significant claimant…

Source excerpt

• Class Action Settlement
• Occupational Diseases In Mines And Works Act
• Compensation For Occupational Disease
• Trust Administration
• Settlement Approval Standard
• Contingency Fees