- Tshiamiso Trust has paid R2.53 billion to 26,300 people since it was established.
- Justice for Miners and ACTSA asked trustees seven important questions at the AGM.
- Trustees said the Trust Deed has changed nine times and claims will stay open until 10 December 2029.
Nonkolelo Jijingubo has spent five years travelling and handing in documents, trying to get compensation after her husband, Thembinkosi Jijingubo, died from tuberculosis in 2009.
Silulami Romeo Melane said her claim was turned down for medical reasons, but she was never told why, even though her father’s death certificate listed pulmonary disease.
Their stories were shared at Tshiamiso Trust’s AGM on Friday, 28 August 2026. During the meeting, widows, former mineworkers and advocacy groups challenged trustees about delays, disputed medical decisions, and the issues that continue to keep eligible families from receiving compensation.
The Tshiamiso Trust was set up after South Africa’s landmark silicosis and tuberculosis class action settlement to compensate gold mineworkers and their families. In its 2026 annual report, the Trust said it has paid out R2.53 billion to 26,300 people, processed 156,924 claims and completed 77,520 medical examinations since starting.
Seven accountability questions
Justice for Miners and Action for Southern Africa asked the Board why legal, medical and procedural hurdles are still stopping many mineworkers and widows from getting the compensation they deserve.
Catherine Meyburgh from Justice for Miners asked why the Trust stopped accepting many certificates from the Medical Bureau for Occupational Diseases (MBOD) under the Occupational Diseases in Mines and Works Act (ODMWA), while still accepting those from the Department of Health’s rural outreach programmes. She wanted to know if the MBOD standards had changed, when those changes started, and how many people were paid with only MBOD certificates.
The organisations also asked why there are now fewer physical lodgement offices in places like Flagstaff, Botswana and Lesotho. They wanted to know what would happen to older and seriously ill claimants who do not have access to smartphones, computers or the internet.
On legal transparency, JFM called for the trustees to publish legal opinions prepared by Advocates Roux SC and Subel SC on how Schedule H should be interpreted. If those opinions would not be made public, they asked for a clear reason for refusing these certificates.
JFM also asked about the Trust’s finances, including whether the founders had agreed to the R302 million extra funding and how the Trust would make sure it had enough money to finish its work.
The organisations also wanted to know what practical steps the Trust would take to overcome language, digital and physical barriers so widows and mining communities can take part in the claims process.
Finally, they asked if there should be an urgent independent review, saying only about 28,000 claims have been paid out of an estimated 100,000 people who might be eligible. They pointed to problems with bureaucracy, reduced outreach and declining confidence.
Trustees defend the process
Trustees said concerns from stakeholders have already led to nine changes to the Trust Deed. On ODMWA certificates, they said the Medical Advisory Panel found there was no close match between MBOD qualifying criteria and Schedule H, including some key medical differences. The Board said 192 claims had been paid with ODMWA certificates before the policy changed.
Trustees also said they could not reliably estimate the total number of people who will get compensation. Right now, 47 percent of claims result in payments, and about three in ten claims are approved after a medical review.
On funding, the Board said talks with the founders are still happening after the annual report warned the current budget will not be enough to keep the Trust running until it closes.
Widows seek answers
Jijingubo told the AGM the Trust kept asking her for a letter of authority, a death notice and later an affidavit, but her husband’s claim is still not resolved even though she submitted everything they asked for.
She said widows were later told that claims involving affidavits had been put on hold, even though they had been told to submit those documents. This has left families waiting for years for compensation.
Melane said more than 100 beneficiaries and widows have had similar unexplained rejections. He urged the Trust to give information in the right languages, include mining communities in the process, and provide clear reasons for rejected claims along with simple appeal options.
Trustees replied that people whose claims are not successful can ask the Trust for a detailed explanation of their medical result and how they can challenge the decision.
NIOH reports remain disputed
Janet Kahn from Justice for Miners challenged the Trust’s refusal to accept National Institute for Occupational Health (NIOH) post-mortem reports for some dependent claims. She argued that requiring full body autopsies puts an extra and often unaffordable burden on widows.
Trustees replied that NIOH has made it clear its reports are meant to show whether pneumoconiosis is present, not to confirm the cause of death. While they agree some NIOH-related claims might need a second look, they said these reports cannot automatically be used as medical certification under the Trust Deed.
The way forward
Chief executive Dr Munyadziwa Kwinda said the Trust’s priority is to reach more people, speed up claims processing, and make sure every eligible person is found, assessed and helped to get their compensation before claims close on 10 December 2029.
He said working closely with government, mining companies and service providers across Southern Africa will be essential to overcoming documentation problems and bringing services to communities.
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