Cape: the Legal Case

 

Over three thousand South Africans are now demanding justice from Cape. Compensation claims have been lodged in the High Court in London, where the company is based and from where Cape co-ordinated its world-wide asbestos business. The claimants allege negligent control of the South African operations from England including the failure to take any, or adequate measures to reduce asbestos exposures to a safe level, or to warn of the dangers of asbestos. Although Cape would have to go to the trouble of submitting to the jurisdiction of the South African Courts (Cape has had no assets in South Africa for over twenty years so the Courts have no jurisdiction over Cape there) in respect of each individual claimant, Cape are delaying the claims in the British Courts by arguing that they should be stopped and brought in South Africa. The difficulties for the victims in bringing a case, even in post apartheid South Africa, are very real. For example there is currently no funding for such claims. Whereas Cape would instruct the largest commercial firm in South Africa the claimants would not be able to pay for lawyers and medical experts. Whilst there have been suggestions that the claimants could represent themselves, most of them are very poor, elderly and ill. Further those representing relatives who have died (about 400) will lose their claims in South Africa because of South African law. The claimants will not have access to justice if they cannot bring their case in the British Courts. In August 1998 the Court of Appeal held that five claimants could sue in the High Court. In November 1999 a second different Court of Appeal said that the five and a subsequent Group claim, on behalf of 3000 claimants, should sue Cape in South Africa. In February 2000 the House of Lords gave the claimants leave to appeal this decision. The appeal will be heard in June 2000. Meanwhile, since legal proceedings began, about 25 people have died.