“It will be interesting to see how courts and law firms deal with this emerging field of law.”
The only other class action that has come before courts is the silicosis case.
In May 2016‚ the high court in Johannesburg certified a class action by mineworkers against gold mining companies in South Africa.
The classes comprise current and former underground workers who had worked for two years in one of the gold mines from 1965 and contracted tuberculosis‚ and the workers who contracted silicosis. The class also constitutes dependants whose parents died after contracting silicosis and TB while working at the mines.
The respondents in the case were 30 mining companies‚ which represent the entire gold mining industry in South Africa.
The case was appealed to the Supreme Court of Appeal (SCA) by the mining companies.
While the case is set to be heard by the SCA‚ there are also discussions about possible settlement agreements with the mining companies having allocated money in a trust for this purpose.