It’s been nearly three years since the inception of the Tshiamiso Trust, the result of a groundbreaking R5-billion class action to provide compensation to ex-mine workers grappling with lung diseases.

Despite its ambitious goals, the Tshiamiso Trust finds itself entangled in a developmental stage fraught with complexities, making the process of disbursing payments to eligible claimants even more intricate. 

This has led to a growing sense of anguish and frustration among ex-miners and their families who are striving to access the compensation they deserve. Tshiamiso Trust’s efforts have been stymied by a range of practical obstacles, hampering the smooth implementation of the Trust Deed’s provisions.

Dr May Hermanus, chairperson of the Tshiamiso Trust, highlighted the significance of their mission: “The meaning of Tshiamiso Trust is to make good, and this, for me, is an important touchstone.”

Her comments were made during Tshiamiso Trust’s annual general meeting on 25 August, where an overview of its operations and its financial report were presented.

Since its establishment three years ago, the Tshiamiso Trust has managed to disburse over R1.2-billion to about 13,342 claimants – ex-mine workers and their families who filed claims – out of 127,773 submissions. 

Notably, the largest segment of payouts falls under the Tshiamiso Silicosis Class 1 category, with 73% of all claims paid, followed by Silicosis Class 2 at 13%, Silicosis Class 3 at 9%, and dependent TB claims at 3.5%. 

A mere 1% of the claims pertained to dependent silicosis cases. 

However, the stringent criteria for tuberculosis claims resulted in only a small number of such claimants being compensated.

While Tshiamiso Trust’s financial report for the year ending 28 February highlighted a substantial increase in payments compared with the previous year, concerns over eligibility criteria persist. 

With 55,493 claims certified by Tshiamiso Trust, only 28% were deemed medically eligible. A significant portion of claims, about 70%, did not meet the strict criteria outlined in the Trust Deed, casting a shadow of disillusionment over many claimants who had hoped for compensation, according to Hermanus.

Read more in Daily Maverick: Ex-miners’ families reveal the hardship of securing silicosis compensation from apartheid’s gold mines

The complexities of Tshiamiso Trust’s operations include efforts to extend benefits to migrant workers from neighbouring countries such as Botswana, Eswatini, Lesotho, Mozambique, Malawi, Namibia and Zimbabwe.

According to Tshiamiso Trust, the challenges range from documentation to cooperation with various government departments and have resulted in a backlog of 14,237 claimants awaiting Benefit Medical Examinations (BMEs) for their claims. 

The newly appointed CEO of Tshiamiso Trust, Dr Munyadziwa Kwinda, acknowledged the intricacies of operating across borders, emphasising the need for compliance with each country’s protocols.

“It is imperative that the Trust operates within the processes and protocols of each country to ensure that it is compliant and has the support of governments, health departments, service providers, ex-mineworkers’ representatives, and other stakeholders in these countries. 

“One of the difficulties that we are facing as we process claims from outside of South Africa is the availability and reliability of the required documentation. This includes birth certificates, marriage certificates and documents to indicate the cause of death. We are working with the various government departments in each country to resolve this matter,” he said.

Read more in Daily Maverick: Apartheid’s gold mines: Landmark R5bn class action to compensate ex-miners with lung disease a mark of ‘symbolic justice’

As Tshiamiso Trust strives to address these challenges, it also endeavours to track and provide unclaimed benefits to former mine workers, including compensation for lung diseases and provident funds.

Outreach programmes have been initiated to ensure that these benefits reach those who are entitled to them. Workshops have been conducted to educate stakeholders on the Trust’s processes and eligibility criteria according to Tshiamiso Trust’s executive for stakeholder relations and communications, Lusanda Jiya.

However, recent reports have shed light on the distressing conditions faced by claimants, exemplified by a lengthy queue of sick and elderly people outside the Teba office in Maseru in May 2023. 

Radio announcements alerted claimants who worked on qualifying gold mines between 1966 and 2019 to the ‘outreach’ held at the Teba (The Employment Bureau of Africa) offices in Maseru which drew hundreds of ex-mine workers and families of victims of silicosis seeking compensation from the groundbreaking R5-billion class action. (Photo: Supplied)

The chaotic “outreach” event prompted strong condemnation from the Justice for Miners (JFM) campaign, which criticised the lack of transparency and humane treatment in the compensation roll-out. 

The JFM called for urgent public inquiries into Tshiamiso Trust’s operations and its failures, urging both Lesotho and South Africa to intervene in Tshiamiso Trust’s activities.

Prospective Tshiamiso claimants brave bitter cold weather on the road leading up to the Teba office in Maseru, Lesotho, in hopes of getting assisted with claims for silicosis and TB contracted on South Africa’s gold mines. (Photo: Supplied)

Timeline for claims processing

According to Kwinda, they have established a targeted turnaround time of nine months for eligible claims.

“The speed of our claims process continues to be a significant concern. We have invested substantial efforts in refining our systems to ensure the swift payment of eligible claims. Barring unexpected hurdles, the Trust aims to process eligible claims, from submission to compensation, within an average of nine months. 

“However, it’s important to acknowledge that there are numerous factors outside our control that can affect this timeline. As mentioned earlier, a primary reason for certification delays stems from inadequate documentation, particularly in cases involving deceased mine workers. 

“Additionally, we must adhere to the timeframes outlined in the Trust Deed, which includes a 90-day window for beneficiaries to be added to claims and a 90-day period for certification by the Agent representing the mining companies. 

“The Trust remains dedicated to expediting the claims process to the best of its ability while operating within the parameters set by the Trust Deed,” he concluded. DM