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South Africa: Crippled Gold Miners Seek Payout

Bank Of America Investment UK mining giant Anglo American is among the companies facing a multi-million pound legal battle with former gold miners in South Africa.

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Investment Opportunity The ex-workers claim to have contracted crippling lung disease silicosis as a result of bad ventilation in the country's mines.

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Banc Of America Investment The disease, which causes cancer, is widespread among South African miners.

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Banking Investment But although those affected are entitled to small amounts of compensation from the government, no South African gold miner has ever successfully sued their employer.

'Good Case'

end investment company. The Company invests over 50% of the value of its total assets in the common shares or securities convertible into common shares of companies conducting, as the major portion of their business, gold mining and related activities in the Republic of South Africa. The balance of the Company's total assets, other than minor amounts, which may be held in cash, may be invested in common shares or securities convertible into common shares of companies engaged in other business of varied types in the Republic of South Africa; be held in the form of gold bullion or certificates of deposit (CDs), or be invested in common shares or securities convertible into common shares of companies primarily engaged outside of South Africa in extractive or related industries or in the holding or development of real estate.

Investment Solution Strategic Now UK law firm Leigh, Day and Co has said it plans to launch a landmark "class action" style lawsuit, similar to that used by sick smokers in the United States, on behalf of several hundred former miners.

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Investment Banking Services The allegations made by Leigh, Day and Co are misleading and unsubstantiated Anglo American Earlier this year, the firm helped to secure a 7.5m pay-out for victims of South African asbestos mining, following a protracted legal battle.

Bank Investment It plans to use that ruling as the basis for its latest legal challenge. It claims the potential liabilities for the gold mining industry could run into billions of rand.

Alternative Investment Richard Meeran, a partner in Leigh, Day and Co, said the firm would begin legal proceedings "within weeks", in a UK or South African court, if Anglo American and the other gold mining companies did not agree to an out-of-court settlement. "We feel we have a good case and it will be a fairly straightforward process of demonstrating negligence against them," Mr Meeran told BBC News Online.

'Cavalier Attitude'

Online Investment Services In a statement, the law firm said the risks of mining to health were known more than 100 years ago, but firms had done little to improve ventilation or taken other steps that would have mitigated the problem.

Accompany Essential Investment "Both the gold and asbestos mining industries appeared to have displayed a flagrant disregard and cavalier attitude to the health of their workers, placing profit as a clear priority.

Investment Company "Both industries accumulated massive wealth at the expense of workers' health, taking full advantage of the apartheid system.

Investment Management Solution "The evidence of negligence on the part of both industries is overwhelming and shocking."

Investment Management Services Anglo American vowed to fight Leigh, Day and Co's allegations in court, branding them "misleading and unsubstantiated".

Guide Investment Stock "Anglo American of South Africa Ltd has reviewed the legal issues regarding potential liabilities and, after careful consideration, does not believe it is in any way liable and will defend any legal proceedings which are instituted against it," the company said in a statement.

Poverty

Investment Manual Solution Other companies to mine gold in the area include Gold Fields and Harmony.

Investment Stock I think the restructuring of South Africa's gold mining industry has been informed by a desire to get these liabilities off the books Richard Spoor, miners' lawyer South African lawyer Richard Spoor, who has been pursuing a separate case against South Africa's gold mining industry for the past five years, says the scale of the damage done by silicosis has been underestimated.

Essential Investment Solution "The asbestos problem is dwarfed by the impact of gold mining on people and community health," he told BBC News Online.

Citicorp Investment Services He said there could be as many as 500,000 former gold miners crippled by silicosis.

Fool Guide Investment Motley The problem has "been the cause of massive underdevelopment and poverty" in the region, he claimed, as those affected were unable to work the land.

Fidelity Investment Services But he sounded a note of caution over pursuing damages claims on behalf of individual miners.

Albatross

Investment Management He said it would "break up the problem into little bits and pieces", potentially making a wider solution, involving some form of reparation, more difficult to achieve.

Francisco Investment San He stressed the importance of working with the mining industry and lawmakers on a lasting settlement.

Mellon Investment Services He said the gold mining industry - which had been anxious to avoid any discussion of the subject during the apartheid era - was in the mood to talk.

Finance Investment "I think the restructuring of South Africa's gold mining industry has been informed by a desire to get these liabilities off the books.

Investment Manual Science "It has been hanging like an albatross round the industry's neck.

Investment Advisory Services "During the apartheid era, no one cared. It wasn't an issue. But now, foreign investors have no interest in investing in an industry that kills and maims on the scale of South African mining.

Advice Investment "It has been responsible for tens of thousands of deaths."

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