Mankayi v Anglogold Ashanti Limited (06/22312)
Mankayi v Anglogold Ashanti Limited (06/22312) [2008] ZAGPHC 420 (26 June 2008)
The court held that section 35(1) of COIDA is clear and unequivocal in barring any action for damages by an employee against the employer in respect of occupational injury or disease, including those compensatable under ODIMWA. The legislative history demonstrates that both COIDA and ODIMWA form a comprehensive statutory compensation regime for mineworkers, and there is no rational basis for treating claims under ODIMWA differently. The maxim generalia specialibus non derogant does not apply because the legislative intention is manifestly clear. Constitutional arguments regarding equality and…
Source excerpt
- Occupational Diseases
- Statutory Bar To Common Law Claims
- Compensation For Injuries
- Silicosis
- Constitutional Interpretation
- Statutory Interpretation