Africa: South Africa
Key Facts
- Who. South Africa’s national Health Department wrote the draft; lawyer Richard Spoor, who represents sick miners, opposes it.
- What. Section 35 would bar miners and their families from suing mine owners over occupational lung disease.
- Money. Six gold companies set aside about 5 billion rand (about US$300 million) to settle miners’ silicosis (lung scarring) claims.
- Next. Public comment on the draft closes on 5 February 2027.
- As of. 10 November 2026, 21:30 GMT.
A draft South African law would swap lawsuits for a no-fault compensation fund for miners with lung disease. Critics say it shields mine owners.
South Africa’s Health Department has published a draft law that would bar future lawsuits like the class action that won sick gold miners a multi-billion-rand settlement. Under Section 35 of the bill, current and former mineworkers and their dependants could no longer sue mine owners for damages over occupational disease.
Silicosis is a scarring of the lungs caused by breathing silica dust, and it has long afflicted South Africa’s gold miners. The fight over this bill is about whether sick miners get a state fund only, or keep the right to go to court.
What the Draft Law Would Change
The Compensation for Occupational Diseases in Controlled Mines and Controlled Works Bill would replace the Occupational Diseases in Mines and Works Act of 1973, an apartheid-era law. Cabinet approved it in September, and the Health Department released it for public comment in early November.
A new Controlled Mines and Controlled Works Compensation Authority would run medical examinations, decide who qualifies and pay lump sums. A 13-member board appointed by the health minister, Aaron Motsoaledi, would oversee the compensation fund.
“Controlled works” include smelters, refineries and beneficiation plants, the factories that process mined ore. The draft would apply to the owners of such mines and works.
In plain English: Class action means one lawsuit brought for thousands of people with the same claim. No-fault compensation means a sick worker is paid from a fund without having to prove that the employer was to blame.
Who Backs It and Who Objects
Richard Spoor, the lawyer behind the silicosis class action against gold miners that led to the 5 billion rand (about US$300 million, at about R16.5 to the dollar) settlement, calls the bill “insane”. He says it puts liability on workers and gives employers immunity.
Barry Kistnasamy, a former compensation commissioner who helped draft the bill and retired at the end of October, says it “changes the face of 150 years of mining”. He says the bill brings “social justice and redress”, and supporters argue its no-fault system should make future class actions unnecessary.
Cosatu, the Congress of South African Trade Unions, says it will scrutinise the draft at Nedlac, the forum where government, business and labour negotiate economic policy. It sees the lawsuit ban as part of a social compact, in which business gets protection and labour gets better health and safety rules and benefits.
Why Lawsuits Matter in This Fight
In 2011 South Africa’s Constitutional Court, its highest court on constitutional matters, ruled in the landmark Mankayi v AngloGold Ashanti case, brought by a former gold miner, that a miner paid under the 1973 act could still sue his employer for damages. That left lawsuits open as a second route to money, beside the state fund.
A class action by gold miners later ended in a settlement backed by six companies, among them AngloGold Ashanti, Gold Fields and Harmony, which mine gold. The Tshiamiso Trust, the court-approved fund that pays silicosis and tuberculosis claims under that settlement, reports R2.86 billion (about US$173 million) paid out by 10 November 2026.
Section 35 would close the courtroom route for future cases, leaving the new fund as the only path. That is the trade the draft asks workers to accept.
What It Means for Investors and Readers
Gold Fields, Harmony and AngloGold Ashanti all have shares listed on the New York Stock Exchange, so rules on future damages claims bear on US-listed balance sheets. Mining is also a large part of the economy: our reports on South Africa’s mining taxes and on mining dragging the economy down give the wider picture.
Two checkpoints matter next: the comment period closes on 5 February 2027, and Cosatu’s review at Nedlac will show whether labour accepts the trade. For the wider resource picture, see our guide to South Africa’s natural resources.
What Is Not Known
It is not yet clear whether Section 35 would reach claims that are already filed or settled. Nor is it known what lump sums the new authority would pay, or whether Nedlac will keep the ban in its current form.
Frequently Asked Questions
What would South Africa’s draft mining health law do?
It would replace the 1973 act with a no-fault compensation system run by a new authority. Section 35 would bar workers and their dependants from suing mine owners over occupational disease.
Who opposes the draft law?
Lawyer Richard Spoor, who led the gold miners’ silicosis class action, calls it “insane” and says it grants employers immunity. Cosatu will examine it at Nedlac.
When can the public comment?
The Health Department opened a three-month comment period in early November 2026. It closes on 5 February 2027.
What is silicosis?
Silicosis is a lung disease caused by breathing silica dust, common among miners. It scars the lungs and often goes with tuberculosis.
Sources: Department of Health, draft Compensation for Occupational Diseases in Controlled Mines and Controlled Works Bill, published for public comment in November 2026; Constitutional Court of South Africa, Mankayi v AngloGold Ashanti, 3 March 2011; Tshiamiso Trust payment status, 10 November 2026; statements by Richard Spoor, Barry Kistnasamy and Cosatu.
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