|
Three thousand former asbestos miners and residents in South Africa's Northern Cape and Northern Province are celebrating an historic victory at Britain’s highest court. By a unanimous 5-0 verdict, the Law Lords dismissed the attempt by UK multinational Cape plc, whose lawyers also act for Rio Tinto over Namibian uranium cancer claims, to shift the trial from England to South Africa. The South African National Union of Mineworkers have called a press conference this afternoon. Northern Cape and Northern Province community representatives are ecstatic. Asbestos claimant Audrey van Schalkwyk whooped for joy when she heard the news, but immediately asked when Cape would come to trial. She is determined to fight on until compensation is paid out. Audrey’s father died from mine dust exposure in Prieska, and her mother and 3 children were also affected. When she was 12, Audrey helped out at the Koegas mine. She later worked in local hospitals and saw asbestos victims pass through to the mortuary. Thousands of workers developed asbestosis and the rare cancer, mesothelioma. None have been compensated by Cape. Northern Cape Provincial MP Thabo Macweya declared “we can’t allow multinational companies to get away with murder. We will explore options with ACTSA (formerly the Anti-Apartheid Movement) and solicitors to ensure that Cape actually pay for what has happened. We as a government will do everything in our power to walk that extra mile with the communities.” Campaigner Aditi Sharma stated “ACTSA are delighted. We see this as vindication after 3 years of legal wrangling. We will now begin the battle for compensation itself, and will continue to pressure shareholders, consumers, and clients so that Cape delivers compensation as speedily as possible.” Today’s verdict upheld the Law Lords’ groundbreaking 1997 decision to allow former Rossing Uranium engineer and throat cancer patient Eddie Connelly to pursue his case in England because funding was not available for a trial in Namibia. Likewise there was no funding for asbestos victims to pursue their claims in the South African courts, the Law Lords ruled. They noted that Cape had offered the Centre for Applied Legal Studies, in Johannesburg, R2.5 million to fund the case against itself! There is also no precedent for a group action (involving thousands of claims) in South Africa, but the procedure is well established in England. Solicitor Richard Meeran called the decision “a victory for justice (which) has signalled a new era both in terms of the legal accountability of multinationals and the protection of human rights by the English courts. I hope Cape will now settle the claims as quickly as possible”. See also: |