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 through the Trust to eligible claimants whose lives have been impacted by silicosis and TB.
Our logo embodies the spirt of this historic settlement, reflecting that people are at the heart of the settlement, and that while the past cannot be undone, the Trust will strive to make a difference now and in the future.
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 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 claimants 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 to their dependants where the gold mineworker has passed away.
It is the sincere objective of the Trust to ensure that eligible claimants receive the compensation that is due to them.
In fulling its mandate, the Trust will do all that it can to provide the necessary information to support the claims. This includes, but is not limited to:
- the tracking and tracing of potentially eligible claimants;
- assistance with the claims process;
- the processing of claims;
- the facilitation of benefit medical examinations (BMEs);
- the release of payments to eligible claimants.
It is also responsible for managing all the administrative functions of the Trust. Its administration and operation will be overseen by a board of trustees that consists of seven individuals in total.
The Trust Deed emphasises the importance of cooperating with the Medical Bureau for Occupational Diseases (MBOD), the Compensation Commissioner for Occupational Diseases (CCOD), which administers the state compensation system, and the National Institute of Occupational Health (NIOH).
It is important to note that:
- Compensation received from the Tshiamiso Trust is over and above compensation received from the MBOD;
- Compensation received from the Tshiamiso Trust is a once-off payment and depends on how severe the mineworker’s illness is or (in the case of a dependant’s claim) was.
The Trust and the seven nominated trustees were all registered by the office of the Master of the High Court by 6 February 2020 and is expected to be functional for at least the next 12 years.
The Trust Deed is a legal document that sets out the provisions relating to the following important matters relating to the Trust and/or Trustees:
- The legal basis for the creation of the Trust;
- The primary object of the Trust;
- The appointment, duties and responsibilities of Trustees;
- The legal capacity of the Trust;
- The qualifying criteria for a claim, the basis for calculating a claim and methods of paying compensation.
The Tshiamiso Trust Deed was drafted in consultation with and agreed to by all the parties.