IN most cases when a Mosotho dies, his death certificate simply notes that they died of natural causes instead of specifying the real cause of death. Natural cause is defined as death caused solely by disease or other natural process. As a result of failing to specifically show that they died of silicosis or tuberculosis, thousands of Basotho who once worked in the mines in South Africa are being denied a chance to claim compensation from mining companies.
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The Tshiamiso Trust CEO, Munyadziwa Kwinda, told the Parliamentary Social Cluster on Monday that the trust is under no obligation to pay ex-miners when their death certificates indicate that they died of natural causes.
Kwinda said the Trust can only pay when a death certificate shows that the ex-miner died of silicosis or TB.
He said the Trust had only paid 7 918 out of the 52 000 Basotho who claimed compensation since 2019.
Tshiamiso Trust manages thousands of claims for mine workers eligible for compensation after they contracted TB or silicosis from working in certain gold mines during specific periods between March 12, 1965 and December 10, 2019.
For mine workers who were exposed to risky work at the qualifying gold mines during the qualifying period or, if deceased, their dependants are potentially eligible for compensation.
Risky work is classified as work where an employee may have been exposed to dust that could have caused silicosis or TB according to Tshiamiso Trust.
If a mineworker worked in any of these mines for more than five years, they are entitled to free medical benefit examination to determine whether they have silicosis or TB as defined in the trust deed.
If they do, they will be eligible for compensation.
The amount of compensation depends on the nature of the eligible claimant’s illness.
The amount will be reduced pro rata for any time that they worked at a non-qualifying mine or at a qualifying mine during a non-qualifying period.
But if they worked at one or more qualifying mines during qualifying periods for 30 years or more they will be paid the full amount of compensation due for the relevant class of silicosis or TB.
Kwinda said the Trust has not paid thousands of claimants on behalf of their dead relatives because their death certificates showed that they died of natural causes instead of specifying that they had died of silicosis or TB.
Natural death is defined as death caused solely by disease or natural process.
If a natural death is hastened by injury, such as a fall or drowning, the manner of death is not considered natural.
Tshiamiso Trust was called to answer in parliament after the Ex-Miners Association of Lesotho complained that its members were not being paid while others were cheated.
The association was worried that the Trust’s lifespan of 12 years is fast running out. It is now in its sixth year.
Rantšo Mantsi, the Ex-Miners president, told parliament that the trust is left with only six years before it closes in 2030, “yet about 44 000 claimants (have not) yet been compensated”.
With 52 436 lodgements in Lesotho, Tshiamiso Trust is supposed to pay over M715.9 million.
“They also cheat while paying us here in Lesotho as they only use the lowest class of M78 000,” Rantšo said.
“In other countries some people start with M150 000,” he said.
Kwinda stressed that the masses of claimants are not receiving their claims “because of the way Lesotho hospitals and government departments record causes of death on certificates”.
“It is a challenge as most certificates are written natural causes or unnatural causes,” Kwinda said.
“We do not pay such claimants,” he said.
He said the criteria they use is that one should have worked for mines owned by Anglo America Ashanti, Harmony, Sibanye, Anglo America, and African Rainbow as those are the founders and participants in the Trust.
He added that they also look at the medical eligibility of a claimant whether they are sick or not.
“We get it from our medical inspection panel that inspects and issues a certificate,” he said.
He said out of every 10 people who appeared before the panel only three get compensation.
“For a claimant to get the compensation they should have worked in a risky section where there is dust or conditions that could cause silicosis or Tuberculosis.”
Kwinda said those who claim to be infected with any of the two diseases have to undergo testing.
He said claimants on behalf of their dead relatives should strictly produce a death certificate written either silicosis or tuberculosis as the cause of death.
“We do not pay all the victims of the diseases,” he said.
“We look first if someone has compromised breathing or not. If your condition is still well we do not compensate you.”
Kwinda said TB victims undergo strict classification because TB is a community-acquired infection and one could have been infected while in their community and not in the mines.
“For a claimant to be paid they should have contracted TB at least within 12 months after leaving the mines.”
He told the committee that their payments are classified into two categories of those who are alive and can claim for themselves and those who are deceased and their families claim on their behalf.
For silicosis, the first stage for a living person the Trust pays up to M78 732, for the second stage it pays up to M168 712, and the last stage pays up to M281 187.
For the dead victims of silicosis category A pays up to M112 475, and Category B M78 732.
He said for the tuberculosis claimants, first degree for the living, the Trust pays up to M56 237, and the second degree pays up to M112 475.
“We had a challenge here in Lesotho when we opened another lodgements centre (hoping) to bring the services closer to the people in Thaba-Tseka,” he said.
“It had to close due to low turnout.”
He said the Trust is administered by a board of trustees that comprises three chosen by mines, two nominated by the claimants’ agents, one on behalf of the South African Health Ministry, and one consensus trustee who is the chairman of the trust.
