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