Former mineworkers challenge Tshiamiso Trust over historical medical certificates

Former mineworkers and advocacy group Justice for Miners (JFM) have challenged the Tshiamiso Trust about how it treats historical medical certificates when assessing claims for silicosis and tuberculosis (TB) compensation.

What the dispute is about

The disagreement centres on whether medical records issued by the Medical Bureau for Occupational Diseases (MBOD) and historical certificates issued under the Occupational Diseases in Mines and Works Act (ODMWA) should be accepted as sufficient proof of illness by the Tshiamiso Trust.

JFM spokesperson Catherine Meyburgh told media that the trust is not accepting MBOD certificates as proof of illness, even though mining companies used those same certificates in the past when retrenching workers for silicosis or TB.

Claims, payments and timing

The Tshiamiso Trust was established after a R5 billion class action settlement to compensate gold mineworkers and their dependents. The trust has disbursed more than R2 billion, but many claimants remain unpaid.

Meyburgh urged the national department of health to intervene and said the trust should accept MBOD certificates to speed payments and cut administration costs. She also expressed concern about the trust’s reported funding position and about delays that have affected the trust’s operations.

Trust response

Tshiamiso Trust CEO Dr Munyadziwa Kwinda said the trust does not declare historical ODMWA certificates “invalid”, but it must check whether the medical evidence meets the specific eligibility criteria set out in the Tshiamiso Trust deed.

“The trust does not view or declare historical ODMWA certificates as ‘invalid’. Rather, the trust is legally obligated to assess whether the available medical evidence meets the specific eligibility criteria mandated by the Tshiamiso Trust Deed.”

Kwinda said an ODMWA certificate may have served valid statutory or employment purposes when issued, but entitlement to a benefit from the Tshiamiso Trust must be evaluated against the diagnostic standards negotiated in the class action settlement. He denied that the trust would close early in 2029 due to lack of funds.

Allegations of flawed assessments

Meyburgh and JFM said they have found flaws in some of the trust’s assessments including errors that could lower a claimant’s compensation category, such as incorrect recorded height affecting lung function test results.

She also said JFM has evidence of cases where the trust recorded a lower degree of illness than the evidence supported and that the organisation is working with UK-based Action for Southern Africa and in discussions with Anglo American South Africa to arrange talks with the trust.

Affected claimants

An anonymous former mineworker who said he had worked for 32 years and was laid off after contracting silicosis told reporters he received R70,000 from the trust and that his medical record from the department of health was not considered during the assessment. He said he is disabled by TB and has irreversible chest damage, according to a private doctor.

Next steps

JFM has urged intervention by the national department of health, the MBOD and the Compensation Commissioner for Occupational Diseases to confirm their certifications. Meyburgh said if the trust, mining firms and other bodies cannot reach agreement, they will seek legal advice.

Background note: The Tshiamiso Trust was created after the 2019 class action settlement and administers compensation for miners who contracted TB and silicosis. Claimants can dispute outcomes and there are deadlines for lodging claims and challenges; the trust has set a final claim deadline in 2029.