‘This man thrives on publicity’

Allan Seccombe | Thu, 06 Jul 2006 23:00
[miningmx.com] -- RICHARD Spoor is taking on the world’s largest platinum producer and he’s about to tackle those who contribute the biggest portion of global gold output. Spoor was party to the agreement between fuel and chemicals giant Sasol and two unions on a trust to compensate 340 people injured in an accident at an ethylene plant in September 2004, as well as the dependents of 10 others who were killed.

Under South African law, workers can’t sue their employers for injuries sustained at work and neither can dependents of those killed. Says Spoor: “It’s an agreement not tainted by horse trading about matters of interest. It represents the consensus between the parties about principles that form the company’s responsibilities to its employees,” he said at the launch of the Sasol-funded trust.

“It would be a challenge for employers in other sectors to live up to this principled stance that Sasol has adopted.”

Publicity is his oxygen. He’s an ambulance chaser

Spoor has in the past said the gold mining companies face payouts of billions of rands for the lung diseases contracted by workers, but first there’s a legal precedence to set. The diseases include silicosis and tuberculosis.

A senior gold company official, who refused to be named, said: “We’re aware of this case and are cautious about it. You must be aware that this man thrives on publicity. Publicity is his oxygen. He’s an ambulance chaser. There are lots of questions about him.”

Spoor says the case promises to be difficult because other similar cases in the past have failed because companies can’t be sued for injuries or death at work. “The worst thing about it is the victims are being erased by time. They’re dying like flies. Every single day companies’ liabilities shrink through the passage of time. That’s an incredibly depressing notion.”

There will be two court cases running roughly parallel. Richard Meeran, another activist lawyer, is preparing a case for court that could determine whether parent companies are responsible for their subsidiaries.

Says Meeran: “We’ll be filing a summons in the next few weeks against some of the gold mining companies. What we want to establish is a legal precedence.” He declined to name the companies.

Companies and the Chamber of Mines say either they have no comment to make or that they’re not aware of the action.

Spoor questioned whether a point had been reached where corporates can no longer hide behind the law. “We want to know the immunity the companies ostensibly enjoy in terms of the legislation and whether that immunity will withstand scrutiny by the courts.”

Spoor and the Ga-Tshaba community have sought an urgent interdict against wholly owned Anglo Platinum subsidiary Potgietersrust Platinum Ltd (PPL). A decision was pending, preventing Anglo Platinum from commenting.

Another case has been brought against PPL. Again, Anglo Platinum argued it would not comment on the case before it went to court, but alleged that Spoor was in “an unrelenting pursuit of self-serving publicity”.

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Says Spoor: “If this community united has the potential to leverage a R200m deal out of Anglo Platinum let’s do that. That’s their one shot to change their lives and their future if they can get something out of this, if they can leverage their land rights to some lasting benefit for themselves or their children.”

Spoor says all the gold mining executives that he’d spoken to about trying to reach an agreement on compensating workers with lung diseases, only Brett Kebble, former CEO of JCI and Western Areas0 had said he was prepared to work with him.