Mankayi v AngloGold Ashanti Key Facts and Impact

Mankayi v AngloGold Ashanti was a landmark case that had significant implications for the mining industry. The case was brought by a former employee of AngloGold Ashanti who suffered from silicosis, a lung disease caused by inhaling silica dust.

The case was a major victory for workers' rights, as it established that employers have a duty of care to protect their employees from occupational diseases. The court found that AngloGold Ashanti was negligent in its failure to provide adequate protective equipment and training to its employees.

The case also highlighted the need for better working conditions and health and safety protocols in the mining industry. The court's ruling set a precedent for future cases involving occupational diseases and the responsibility of employers to protect their employees' health.

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Mankayi v AngloGold Ashanti was a significant labor case in South Africa.

The case revolved around the dismissal of a worker, Mankayi, from a mine owned by AngloGold Ashanti.

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He was a member of the National Union of Mineworkers (NUM).

Mankayi was dismissed for allegedly being drunk on duty.

He claimed that he was unfairly dismissed and took the matter to the Labour Court.

The Labour Court found in favor of Mankayi, ruling that his dismissal was unfair.

The court's decision was based on the fact that Mankayi's behavior was not severe enough to warrant dismissal.

AngloGold Ashanti appealed the decision to the Labour Appeal Court.

The Labour Appeal Court upheld the Labour Court's decision, ruling that the dismissal was indeed unfair.

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The significance of the Mankayi v AngloGold Ashanti judgment cannot be overstated. It was hailed as the court's latest innovation in occupational health and safety. This landmark decision aimed to instill accountability in employers who had been exploiting workers for years.

The judgment had a profound impact on the lives of mineworkers. Makanyi's counsel, Richard Spoor, said it opened the doors for miners to pursue class-action suits against negligent mining companies. This led to a class action of unprecedented scale against 32 gold mining companies.

The settlement that followed was a significant milestone. Mineworkers with silicosis and tuberculosis received a R5 billion payout.

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The Constitutional Court handed down a unanimous judgment on 3 March 2011, written by Justice Sisi Khampepe.

The court upheld Mankayi's appeal, overturning the judgments of both lower courts on AngloGold's exception to his plea and preserving Mankayi's claim.

Justice Khampepe reached this decision by reading the "plain meaning" of the two statutes, specifically section 1 of the act, which defines COIDA and its application.

COIDA did not contemplate mineworkers as "employees", and the act and section 35(1) thereof were intended to apply only to workers who had a claim to benefits under COIDA.

Mineworkers were not included in this group, and it was imminently reasonable for Parliament to have established two separate legislative regimes for compensating occupational injury.

Justice Johan Froneman concurred in Khampepe's judgment and wrote separately to discuss the Constitutional Court's exercise of its discretion in granting leave to appeal to litigants.

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The significance of this judgment cannot be overstated. It was hailed as the Court's latest innovation in occupational health and safety.

The judgment sought to instil accountability in employers who had exploited workers for years. This is a crucial step towards protecting workers' rights.

Makanyi's counsel, Richard Spoor, said the judgment opened doors for miners to pursue class-action suits against negligent mining companies. This was a major breakthrough for the mining community.

In fact, mineworkers with silicosis and tuberculosis went on to lodge a class action against 32 gold mining companies. This was an unprecedented scale of action.

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