Mpumalanga’s former mineworkers, who contracted diseases after inhaling asbestos dust, are accusing the Asbestos Relief Trust of stopping operating in the province, leaving behind unresolved cases.
Derrick Shongwe, one of the miners’ representatives, said people were worried because the trust did not attend to their claims, while others alleged their claims had been pending for a long time.
The trust was established in 2003 after the now-defunct asbestos mining powerhouses agreed to make available about R500 million in compensation to the affected workers and host communities.
Asbestos victims accuse the Asbestos Relief Trust of unresolved claims
According to the trust’s 2024 financial report, R465 million was paid in compensation, which left R190 million in the account.
“Some of the people have produced death certificates, and other evidence showing their beloved relatives died of asbestos-related illnesses contracted while working at the defunct Msauli asbestos mine, near Mathenjwa mountain, and other mines,” said Shongwe.
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The Citizen has seen some documents in Shongwe’s possession, and he said relatives of the deceased claimed they have not been compensated.
“All we are asking for is that they come back to the province and give the unhappy people a chance to tell their side of the story.
“Then they can investigate the cases because we are convinced some are genuine and deserve to be attended to.
Trust says most cases do not qualify
“We were told even host communities affected by asbestos would be compensated, but I don’t know of any beneficiary from Msauli.”
Shongwe said they were planning to protest at the Union Buildings in Pretoria next month to hand over a memorandum of grievances.
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“As a committee representing the mineworkers and their families, what we know is that out of 100 claims, only 26 people were compensated in the province.
“Those who were fortunate received between R50 000 and R70 000 each, while R15 000 was deducted from each payment, but they were not told why the money was deducted,” he said.
Wilfred Magagula, who represents children of mineworkers who died of asbestos exposure, said: “It is true that many children of the asbestos victims did not receive compensation, and we believe they deserve the payments based on evidence we have,” said Magagula.
Several women excluded
Magagula also alleges that several women who were excluded also contracted asbestos-related diseases because, at the time, they worked as cleaners and washed miners’ clothes.
Asbestos Relief Trust chair Connie Molusi said since the inception of the trust in 2003, 2 276 claims have been submitted from Mpumalanga, 537 have been paid, 180 did not qualify, and 183 were not compensable.
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“Of the claims, 1 233 had no asbestos-related disease,” said Molusi.
“The Trust Deed makes provision for compensation for living claims, estate [when a person is deceased], dependent and environmental claims.
“In the case where a claimant is deceased, an estate claim can be submitted, supported by a post-mortem report, but also has to meet all other qualifying criteria.”
Dependant claim
“A dependant claim had to be submitted within three years of the person passing; outside of this period, it does not qualify in terms of the Trust Deed.
“All Msauli claims found to be qualifying have been settled. The Trust Deed makes provision for the Trust to operate for 25 years from 2003 to 2028. So, it is not true that the trust will cease to exist next year.”
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Molusi added that all valid claims have been settled, except for 116, most of which were awaiting outstanding documentation.
There were a further 30 cases which could still be processed, pending a medical diagnosis.
The R15 000 was a statutory deduction in terms of the Occupational Diseases in Mines and Works Act, which beneficiaries were entitled to claim from the Medical Bureau of Occupational Disease, he said.
“Since inception, the trust has disbursed [about] R493 million to qualifying beneficiaries.
“Qualifying claimants will still be compensated while the trust exists. Predominantly, complaints are from non-qualifying claimants who, because they formed part of the initial litigation, are entitled to compensation whether or not they have an asbestos-related disease.”
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A settlement letter seen by The Citizen, dated 2003, says there is no time limit on claims, except in the case of a dependant’s claims, which must be filed within three years of the death of the victim.
