This article appears in today’s edition of “The Namibian”

http://www.namibian.com.na/Netstories/2000/July/News/0091904193.html

Friday, July 21, 2000

Special focus - SA miners win historic court case

ROSSING Uranium cancer claims may re-emerge from the shadows as South African asbestos miners record a court victory over Cape plc and Rio Tinto concedes the last obstacle to a compensation scheme for English smelter workers, GREG DROPKIN writes.

THREE thousand former asbestos miners and residents in the 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, to shift the trial from England to South Africa.

Northern Cape and Northern Province community representatives are ecstatic.

Asbestos claimant Audrey van Schalkwyk whooped for joy when she heard the news, but now wants to know when Cape will 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 told The Namibian “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. ”

Yesterday’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. ”

Rio Tinto share solicitors with Cape, and the Law Lords verdict destroys their original strategy for shifting claims out of the English courts.

Meanwhile, Rio Tinto has made a further major concession to former workers at the Capper Pass tin smelter in Yorkshire, England.

Hundreds of victims are alleging cancers were caused by radioactive emissions in and around the plant.

Over the last two months 60 fresh cases have emerged, including 15 deaths from liver, oesophageal and lung cancer, brain tumours and Hodgkins disease.

In June, the company agreed to set up an out-of-court compensation process.

But they insisted they would not fund the costs incurred by workers in preparing evidence for a tribunal. Now Rio Tinto has caved in again, agreeing to meet the claimants’ costs.

This is essential, because the company is expected to contest the scientific basis of a link between particular cancers and exposures, so workers will need to present their own expert witnesses and evidence.

Before the climbdown, British MP’s campaigned in Parliament to demand the company meet the claimant’s legal costs.

Cape asbestos miners in South Africa and Rio Tinto’s English cancer victims are moving towards compensation.

It would be strange and disturbing if Rio Tinto continue to block cancer compensation claims arising from past exposures at their Rossing Uranium mine.