IDEAS home Printed from
   My bibliography  Save this article

Exacting silicosis justice through the class action mechanism


  • Tracy-Lynn Field

    (University of the Witwatersrand)


In the landmark decision in Nkala & others v Harmony Gold Mining Company Limited & others 2016 (5) SA 240 (GJ), the South Gauteng High Court certified a class action suit instituted by representatives of tens of thousands of mineworkers against the South African gold mining industry, with the intent of claiming damages arising from the occupational diseases of silicosis and tuberculosis. This article contextualizes the Nkala case against the use of the class action mechanism as a tool for social policy change and the promotion of access to justice. It provides an overview of the parties, design, and key legal findings of the Nkala decision and, in particular, elaborates on how the Nkala bench framed the purpose of the class action suit and dealt with the prospect of entrepreneurial lawyering.

Suggested Citation

  • Tracy-Lynn Field, 2019. "Exacting silicosis justice through the class action mechanism," Mineral Economics, Springer;Raw Materials Group (RMG);Luleå University of Technology, vol. 32(2), pages 213-221, July.
  • Handle: RePEc:spr:minecn:v:32:y:2019:i:2:d:10.1007_s13563-019-00186-3
    DOI: 10.1007/s13563-019-00186-3

    Download full text from publisher

    File URL:
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.

    File URL:
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    1. Tracy-Lynn Humby, 2016. "Redressing Mining Legacies: The Case of the South African Mining Industry," Journal of Business Ethics, Springer, vol. 135(4), pages 653-664, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. John R. Owen & Deanna Kemp, 2024. "Corporate Responses to Community Grievance: Voluntarism and Pathologies of Practice," Journal of Business Ethics, Springer, vol. 189(1), pages 55-68, January.


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:minecn:v:32:y:2019:i:2:d:10.1007_s13563-019-00186-3. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.