Plot to stall ex-miners’ claims

. . . as paperwork delays compensation

MOSA MAOENG

MASERU – Basotho ex-miners continue to face hurdles in receiving their Tuberculosis (TB) and Silicosis claims from their time working in South African gold mines.

These difficulties, primarily tied to documentation issues, are obstructing their access to compensation from the Tshiamiso Trust.

The Ministry of Labour and Employment’s Principal Liaison Officer, Mpinane Masopha, highlighted these challenges during a Portfolio Committee on Social Cluster meeting earlier this week.

She said Tshiamiso Trust, responsible for managing thousands of claims for miners affected by TB and silicosis between March 12, 1965, and December 10, 2019, is facing substantial obstacles due to missing documentation.

Masopha explained that lack of essential documents such as medical records, post-mortem reports, and records in care facilities is a major hindrance.

Additionally, changes in claimants’ contact information, such as SIM cards, result in lost communication, further delaying the disbursement of claims.

A significant concern is that Lesotho death certificates only state “natural causes” without specifying the causes of death, complicating claims for deceased miners’ dependents.

In some instances, there are no medical professionals available to issue or verify medical reports for the deceased, creating a substantial barrier for Tshiamiso in processing these claims.

“There is need to resuscitate a committee that was established to address ex-miners’ claims but has since become inactive,” Masopha suggested.

This committee, originally co-ordinated by the Ministry of Labour, included various ministries such as those of local government, health, justice, home affairs, foreign affairs, and the Master of the High Court.

Regular updates from this committee to the ministries of labour and health were deemed essential for progress. Masopha also cited existing structures such as the National Advisory Committee on Labour and the Occupational Health and Safety Committee.

These bodies, along with guidance from the relevant parliamentary committee, are crucial for ensuring that Tshiamiso’s trust deeds are reviewed and reintroduced effectively.

Leader of the Basotho National Party (BNP), Machesetsa Mofomobe, who was another key figure in this discussion, expressed skepticism about Tshiamiso’s intentions.

He speculated that the Trust could be stalling until its lifespan ends, in order to make sure funds revert to the founding mines. Mofomobe said out of 180,000 Basotho ex-miners, only 16,000 had been compensated.

He called for financial support from Tshiamiso to facilitate the mobilisation of claimants through ex-miners’ associations or local chiefs, stressing the importance of incentives for chiefs to assist in this process.

Additionally, Mofomobe urged the Lesotho Government to amend death certificates to specify causes of death, which would aid ex-miners in receiving their claims.

The chief executive officer of Tshiamiso Trust, Dr. Munyadziwa Kwinda, provided background on the Trust, stating it was established following a settlement agreement between ex-miners and the mines.

This agreement, worth M5 billion, is the largest of its kind in South African history. The Trust, with a 12-year lifespan from 2019 to 2031, aims to locate and compensate as many eligible claimants as possible.

To qualify for compensation, claimants should have worked in one of 82 specified gold mines during the qualifying period and performed risky work. Medical eligibility is assessed through examinations for TB or silicosis, with specific criteria for living and deceased claimants.

Kwinda said the medical certification panel issues certificates indicating whether a claimant has a qualifying disease. He noted that only 29 percent of those medically tested qualify for claims, which are categorised into different compensation classes based on disease severity.

Silicosis claimants receive payments according to three classes, with amounts ranging from M78,732 to M281,187. A special award of M562,375 is reserved for those with extraordinary health conditions.

Dependents are categorised into two classes, receiving up to M112,475 or M78,732. TB claimants, both living and deceased, receive payments ranging from M11,247 to M112,475, depending on the availability and timing of medical reports.

Kwinda concluded by highlighting the significant proportion of Basotho among the claimants in the SADC region. Out of 138,000 claimants, 52,000 are Basotho, representing 38 percent. However, only 14 percent of these claims have been paid, amounting to M1.6 billion, with 43 percent of this total paid to Basotho.

Kwinda emphasised the importance of partnerships in ensuring as many eligible claimants as possible receive compensation. Adding a personal touch to this narrative, the story of Rethabile, a 63-year-old ex-miner from Leribe, serves as a poignant example of the struggles faced by many.

Rethabile worked in the South African gold mines for over two decades, where he was exposed to silica dust daily. Despite being diagnosed with silicosis, he is yet to receive any compensation due to missing medical records and lack of a death certificate specifying the cause of his father’s death, who was also a miner.

Rethabile’s voice quivers with frustration as he recounts his numerous attempts to secure his claims. “I have been to every office, filled out countless forms, and still, I have nothing to show for it,” he says. “All I want is what I am owed for the years I spent in those mines.”

The Tshiamiso Trust’s efforts, while substantial, often falls short of the expectations and needs of these former miners. Stories like Rethabile’s highlight the urgent need for systemic changes to ensure that all eligible claimants receive the compensation they deserve.

The proposed resuscitation of the inter-ministerial committee and the call for better documentation and communication processes are steps in the right direction, but the journey to justice for these ex-miners is far from over.

As the Trust steadily slowly but surely its 2031 deadline, the clock is ticking for many who have been waiting for decades.

Collaboration between the Government, Tshiamiso Trust, and community leaders will be crucial in overcoming these obstacles and providing justice to those who sacrificed their health in the pursuit of a better life.