The church, represented by the Commission for Justice and Peace of the Southern African Catholic Bishops Conference (SACBC) said it was working with the South African human rights lawyers Richard Spoor on the issue.

The initial steps of the move involved Spoor filing papers with South Africa's High Court on Tuesday, said the SACBC.

South32's coal mines in the country include Khutala Colliery, Klipspruit Colliery, Middelburg Colliery, and Wolvekrans Colliery.

South32 has been operating in South Africa since its creation as a separate company in 2015. It was spun off from BHP Billiton and officially began its operations on May 18, 2015. Since then, South32 has been involved in various mining activities, including coal mining

The SACBC application seeks recourse for current and former coal miners, as well as dependents of deceased workers who contracted coal mine dust lung disease (CMDLD) - colloquially known as "black lung" in the form of pneumoconiosis and chronic obstructive pulmonary disease (COPD).

 "Very often workers do not have the means to seek legal recourse from large companies which have huge resources at their disposal," said Cardinal-Elect Stephen Brislin. "[The] Church is always concerned about the well-being of people with whom we work and live."

South32 confirmed to Mining Magazine that the company was served with an application for "certification of a class action on behalf of certain mine workers at coal mines in South Africa". 

A spokesperson added: "South32 owned and operated South Africa Energy Coal (SAEC) from 2015 to 2021. This matter is currently being considered by the business. We are unable to comment further at this point in time."

‘Incumbent on the church'

Brislin added: "It is thus incumbent on the Church to give assistance where it can so that the rights of the vulnerable are respected and so that they can access compensation that is legally due to them. Many companies are amenable to settling such cases, but in some instances court action is necessary."

Meanwhile, the Coordinator of the SACBC Commission for Justice and Peace said in a statement that "the support provided by the Church to the coal-sick miners is one of the ways in which the Church is defending the dignity of workers in the mining economy."

The coal mining industry in South Africa employs around 92,000 people directly, and had a substantial indirect employment impact through various support industries and services. The coal mining sector also accounts for around 2.8% of the country's total GDP.

Fr Stan Muyebe OP went on to say, "Coal mine dust can cause miners to develop lung diseases including pneumoconiosis and COPD… Despite knowing the risks to coal miners, members of the coal mining industry failed to provide their workers with adequate training, equipment, and a safe working environment, the litigation alleges."

In the Tuesday, August 15 statement, the member of the Order of Preachers (Domincans) says "The applicants argue that South32 breached the legal duties owed to the miners by failing to implement statutorily mandated procedures and protections. As a result, the miners developed incurable lung diseases."

According to Fr Muyebe OP, the "class action is a first step toward obtaining justice for all coal miners who have suffered, often without any form of compensation. If approved by the Court, the litigation will cover coal mine workers and dependents from many regions and rural communities given that miners often travel from afar to gain employment."

Dark history

Coal Mine Dust Lung Disease (CMDLD) which is a serious and potentially fatal occupational lung disease that affects coal miners who are exposed to coal dust over an extended period. It is also known by other names, including coal workers' pneumoconiosis (CWP) and coal dust pneumoconiosis.

CMDLD occurs when miners inhale respirable coal dust particles, leading to inflammation, scarring, and the eventual hardening of lung tissue. This condition can significantly impair lung function, leading to difficulties in breathing and other respiratory symptoms.

The term "Black Lung" originates from the appearance of coal workers' lungs upon autopsy. The accumulated coal dust causes the lungs to turn black, and this discoloration is visible even before dissection. It's important to note that "Black Lung" is not a medical term but is commonly used to describe CMDLD due to its visual association with coal dust exposure.

Efforts to prevent CMDLD include enforcing strict regulations on dust control and exposure limits in coal mines, as well as providing respiratory protection to miners. Regular health screenings, early diagnosis, and proper medical care are crucial for managing the disease and preventing its progression.

US resurgence

Despite widespread belief that the condition is no longer prevalent in the West, the US Department of Labor's Mine Safety and Health Administration released a proposed rule this summer that would reduce the allowable silica dust levels to the same threshold used in every other US industry. 

According to the Department of Labor, more than 2.3 million Americans are exposed to silica at work, with mining accounting for a disproportionate amount.