The Tshiamiso Trust has been established to implement and fulfil the terms of the historic silicosis and TB class action settlement agreement that was reached on 3 May 2018 and approved by a full bench of the South Gauteng High Court on 26 July 2019. After a three month Opt Out period the settlement agreement became effective on 10 December 2019. The settlement agreement provides meaningful compensation to eligible mineworkers across southern Africa who carried out risk work during the qualifying period at any of the qualifying mines listed in the settlement agreement, and have contracted silicosis or work-related TB, or their dependants where the gold mineworker has passed away. According to the Trust Deed, the Tshiamiso Trust is governed by a board of seven trustees. Of these, three have been nominated by the companies, two by the claimants’ attorneys, one by government and a consensus trustee has been be nominated by the companies and the claimants’ attorneys jointly. The Trust and the seven nominated trustees were all registered by the Masters’ office of the High Court by 6 February 2020. The Trust is expected to be operational for the next 12 years. The name of the Trust was carefully chosen – Tshiamiso is a Setswana word meaning ‘to make good’ or ‘to correct’. This is reflected in the settling companies’ intention to pay compensation to eligible claimants whose lives have been impacted by silicosis and TB.
