CCT40/10

[2011] ZACC 3

2011 (5) BCLR 453 (CC)

2011 (3) SA 237 (CC)

[2011] 6 BLLR 527 (CC)

(2011) 32 ILJ 545 (CC)

Khampepe J Majority judgment

Froneman J separate judgment

17 August 2010

3 March 2011

http://hdl.handle.net/20.500.12144/3613

Application for leave to appeal against a judgment of the SCA: Mankayi v AngloGold Ashanti Ltd [2010] 3All SA 606 (SCA); 2010 (5) SA 137 (SCA). The case was first heard in the South Gauteng High Court: Mankayi v AngloGold Ashanti Limited, Case No. 06/22312, South Gauteng High Court, Johannesburg, 26 June 2008.

Appeal from the Supreme Court of Appeal concerning the compensatory schemes for employees suffering diseases at work under the Compensation for Occupational Injuries and Diseases Act (COIDA), on the one hand, and Occupational Diseases in Mines and Works Act (ODIMWA), on the other, and an individual's right to claim for common law compensation. The issue was whether section 35(1) of the COIDA extinguished a miner's common law right to claim damages even though he did not qualify for compensation under COIDA, but qualified under ODIMWA. The Court held that it was clear from history leading up to the adoption of both Acts and the drafting of COIDA that section 35(1) did not extend to those who did not qualify under the COIDA compensation scheme and therefore did not apply to those who qualified under ODIMWA. Consequently mineworkers, who they fell under the remit of ODIMWA, were able to enforce their common law right to compensation for diseases that contracted in the course of employment. The appeal was upheld. Judgment: Khampepe J (unanimous).