Question NW3767 to the Minister of Health
24 November 2023 - NW3767
Clarke, Ms M to ask the Minister of Health
(1)Whether, with reference to the R5 billion class-action lawsuit in which the Tshiamiso Trust was ordered to pay compensation to mine workers after they contracted tuberculosis and silicosis at five mines (details furnished), and since the merger of the Medical Bureau for Occupational Diseases (MBOD) and Compensation Commissioner for Occupational Diseases (CCOD), the CCOD has taken over the processing of the claims; if not, what is the position in this regard; if so, (a) what is the current backlog in the processing of the specified claims and (b) by what date will the backlog be eradicated; (2) whether the CCOD has had any engagement with the Tshiamiso Trust; if not, why not; if so, (a) how often have they engaged and (b) what was the (i) date and (ii) nature of each engagement?
Reply:
According to the Compensation Commissioner for Occupational Diseases in Mines and Works:
1. The CCOD is responsible for the administration of the Mines and Works Compensation Fund under the Occupational Diseases in Mines and Works Act, 78 of 1973. The Tshiamiso Trust is an independent trust set up through the class action settlement in 2018. The CCOD is not processing claims on behalf of the Trust as the Trust has its administration for claims processing.
(a)-(b) The CCOD is not involved in the processing of claims lodged with the Tshiamiso Trust. The details relating to the current backlog in the processing of the specified claims and the date on which the backlog will be eradicated can be obtained from the Dr M Kwinda, the Chief Executive Officer of the Tshiamiso Trust at [email protected].
2. (a) The MBOD/CCOD interacts with the Tshiamiso Trust in areas of common interest. Additionally, the Commissioner (Dr Kistnasamy) is a member of the Board of Trustees of the Tshiamiso Trust.
(b) (i)-(ii) During the period 1 April 2023 to 31 October 2023, Dr Kistnasamy attended three Benefits Committee meetings; two meetings of the Governance, Human Resources and Remuneration Committee; two Trust Advisory Committee meetings; three Board of Trustees meetings and the Annual General Meeting of the Trust. Regular meetings are also held between the operational teams of the MBOD/CCOD and Tshiamiso trust regarding the exchange of information to assist with the tracking of claimants with unclaimed benefits; outreach activities for ex-mineworkers (Eastern Cape (April 2023) and Free State (September 2023) and discussions with service providers who provide the call centre inputs and the compensation claims management system across the MBOD/CCOD and the Trust.
END.