Can ex-mineworkers from the Newcastle Platberg Platinum mine claim money from the Tshiamiso Trust?

The long answer

All mine workers and ex-mineworkers who have contracted a lung disease like silicosis or TB from being exposed to harmful dusts on the mines can apply for compensation to the State under the Occupational Diseases in Mines and Works Act of 1973 (ODMWA).

ODMWA compensates for the following lung diseases caused by working in mines:

• Silicosis, which is common in gold and platinum miners;

• Coal Workers Pneumoconiosis or CWP, which is common in coal mineworkers;

• Asbestosis and Mesothelioma, usually found in asbestos mineworkers; 

• Chronic Obstructive Pulmonary Disease (or COPD); and

• Pulmonary tuberculosis or TB (but only if it is contracted while at work or within one year of leaving work).

Families have the right to request a free autopsy when a mineworker passes away from any illness in order to determine whether the worker’s lung condition was compensated for at the time of death. In that case, the dependents are entitled to the ODMWA compensation. 

You would not qualify for compensation from the Tshiamiso Trust, which was set up in 2018 after a R5-billion settlement was reached between six gold mining companies, representing 82 mines, and former mineworkers, who took the mining companies to court. This is because the Newcastle Platberg Platinum mine was not owned by one of the six mining companies. 

But you can apply for compensation under ODMWA, though the amount of compensation paid is not as good as under the Tshiamiso Trust.

The Minerals Council of South Africa published an Ex-Mineworkers Occupational Lung Disease (OLD) Guide in different languages in March 2025. I will summarise the main points from this Guide:

1. Every ex-mineworker has the right to be medically examined every two years to check for an Occupational Lung Disease. The examination is called a Benefit Medical Examinations (BME) and is free for all ex-mineworkers. 

2. You can have a BME at mine hospitals or clinics of the mining company where you were employed. Alternatively, you can go to the Medical Bureau for Occupational Health’s (MBOD) office in Johannesburg,  a public clinic or hospital near you (all nine provinces have Department of Health hospitals performing Benefit Medical Examinations), or  at One-Stop centres and MBOD Service providers.

3. These are the documents you need to take with you to get a BME:

   • A copy of your ID/passport. 

   • Labour history documents (your work records) from your employer or from The Employment Bureau of Africa (TEBA).

   • All previous medical records or a clinic card.

4. After you have submitted all your documents and your BME is done, the Certification Committee will look at all the documents to make a decision on whether or not you have a compensable OLD (an OLD which should be compensated). Once the committee has made a final decision, they will send the results back to the hospital or doctor who examined you. The doctor will then contact you to explain the outcome.

5. To get compensation if you have an OLD, you must fill in a form that you can get at the MBOD, TEBA or the One-Stop centres or download from https://www.health.gov.za/ccod-application/. 

Make sure you have the correct GW24/80 form – there is one for living claimants and one for beneficiaries (dependants) where the claimant has passed away. The form will have a checklist for all the documents required.

6. The Medical Bureau for Occupational Diseases (MBOD) appoints a panel of doctors called the Certification Committee, to review the medical evidence and decide if you qualify for compensation. 

7. The Compensation Commissioner for Occupational Diseases (CCOD) pays the compensation.

8. You can get in touch by calling the MBOD/CCOD Call centre number: 080 1000 240. 

You could also ask for help from the Q(h)ubeka Trust. These are their contact details:

Please Call Me: 076 4755 042

Email: [email protected]

Address: 5 Sherborne Road, Parktown, Johannesburg.

Getting compensation paid under ODMWA used to take a very long time, but since the Minerals Council of South Africa has been assisting the MBOD/CCOD, ODMWA claims are being processed and paid in a shorter time. 

Wishing you the best,
Athalie