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Asbestos: South Africans' Case Should Be Heard In Britain

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15 July, 2005ICEM News Release No. 67/1999

About 3,000 South Africans suffering from asbestos-related diseases are pressing for their compensation claims to be heard by courts in Britain. The claims are against British-based asbestos multinational Cape.

"These claims should be heard in Britain and should be settled quickly," said Fred Higgs in Durban today. Higgs, who is General Secretary of the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), is himself a British citizen. He is in South Africa for the ICEM World Congress, which ended yesterday.

"It is a disgrace that Cape is even contesting the claims," Higgs said. "It treated these people atrociously, and it should pay up immediately and in full."

Many of the compensation claimants were employed in Cape's mining and milling operations in South Africa when they were children. That was during the apartheid era, and the children were forced to work in appalling conditions, with no protection against the deadly asbestos.

In the latest round of the long legal battle between Cape and its victims, a British court ruled last month that the claims could not be heard in Britain. However, the claimants are now likely to take the matter to the House of Lords, Britain's highest court of appeal. "We believe that the rights of the victims have been ignored in favour of commercial interests," their British lawyer said in London.

The child labourers who survived Cape's ill-treatment are now adults, and many are desperately ill. This week, South African TV showed pictures of their emaciated bodies.

The case took a macabre new turn on Thursday, when between 200 and 250 unmarked graves were discovered next to a mine dump in Prieska, near Kimberley. South Africa's ICEM-affiliated National Union of Mineworkers (NUM), which is backing the claimants, believes the graves are those of asbestos workers who died during the apartheid era.

"Delegates to our World Congress were outraged to hear about this case and about the latest discoveries," Higgs said today. "There were immediate consultations between British delegates and the NUM, and they agreed that the cases must be heard in Britain without further ado."

Both British and South African ICEM delegates went on South African TV last night to call for the immediate hearing of the claims in Britain and the payment of full compensation.

The asbestos victims and their supporters in the Northern Cape are planning a protest march to urge the House of Lords to allow their case to be heard in Britain.