Mankayi v AngloGold Ashanti Limited

Mr Thembekile Mankayi was employed by AngloGold Ashanti Limited as an underground mineworker from 1979 to 1995. During his employment he was allegedly negligently exposed to harmful dusts and gases, resulting in tuberculosis and chronic obstructive airways disease that rendered him unemployable. He was certified as suffering from compensatable diseases under the Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA) and received limited statutory compensation. Because section 100(2) of ODIMWA bars mineworkers from claiming benefits under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), Mr Mankayi instituted a common-law delictual claim against AngloGold for damages arising from negligence. AngloGold excepted to the claim, arguing that section 35(1) of COIDA barred all common-law claims by employees against employers for occupational injuries or diseases. The High Court and Supreme Court of Appeal upheld the exception, prompting an appeal to the Constitutional Court.

Leave to appeal was granted and the appeal was upheld. The exception raised by AngloGold was dismissed, and Mr Mankayi’s common-law delictual claim was allowed to proceed.

This case is a landmark decision affirming that mineworkers covered by ODIMWA are not barred by section 35(1) of COIDA from pursuing common-law damages claims against negligent mine owners. It clarified the relationship between COIDA and ODIMWA, protected access to effective remedies for occupational harm, and reinforced the constitutional presumption against extinguishing common-law rights without clear legislative intent. The judgment has major implications for occupational disease litigation in the mining industry.