Mankayi v Anglogold Ashanti Ltd

The appellant, Mr Thembekile Mankayi, was employed by Anglogold Ashanti Ltd as an underground mine worker from January 1979 to September 1995. During this period he was exposed to harmful dusts and gases, including silica dust, at controlled mines where he performed risk work. As a result, he contracted occupational diseases, namely silicosis, pulmonary tuberculosis and obstructive airways disease. He was certified as suffering from compensatable diseases under the Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA) and received statutory compensation of R16 320. He thereafter instituted a common-law delictual claim against his employer for approximately R2.6 million in damages, alleging negligent breach of a duty of care to provide a safe working environment. Anglogold Ashanti raised an exception, contending that the claim was barred by s 35(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA).

The appeal was dismissed, with the result that the appellant’s common-law delictual claim against Anglogold Ashanti Ltd was barred by s 35(1) of COIDA.

This case is a leading authority on the interaction between COIDA and ODIMWA. It confirmed that mine workers who suffer from occupational diseases and are compensated under ODIMWA are precluded from pursuing common-law damages claims against their employers. The judgment clarified the scope of s 35(1) of COIDA and reinforced the principle that statutory compensation schemes replace common-law remedies, even where the employee is excluded from claiming benefits under COIDA itself.