The Limpopo High Court in Polokwane has made significant strides in the ongoing labour law case involving Thomas Daniel Zelolo, a former heavy load truck operator at Anglo American Platinum Mogalakwena Mine, who is seeking R3.5 million in damages for injuries sustained while on duty.
Zelolo's claim is based on alleged negligence by the mining giant, asserting that the company failed to adhere to safety standards while exposing him to unsafe working conditions. He contends that he was subjected to operate the heavy load truck despite medical recommendations for light duties during day shifts due to severe pain and injuries affecting his neck and back. This apparent disregard for his health has culminated in his declaration of medical incapacity by the employer on 8 March 2022.
According to court documents in this stern test of labour law in South Africa, Zelolo's compensation claim stems from sustained injuries during an incident on 8 July 2019, resulting from the company’s failure to ensure a safe working environment. He alleges that as a result of the pain and injuries he had sustained, he claims against the defendant damages and compensation in the amount of R3 500 000.00. The breakdown of this amount is that R1 500 000.00 is for the pains and suffering and/or alternatively for the injuries sustained during the scope of his employment.
In the alternative he is seeking payment for damages arising from the delictual claim as he had suffered pain as a result of the injury on duty and the pain is recurring on continual basis. He further claims damages and compensation for past medical expenses, future medical expenses, loss of future and past earnings. The balance of R2 000 000.00 is for pain and suffering, loss of income because he is no longer able to carry out heavy duties, drive a heavy loaded truck, and cannot drive for a long time, which makes it difficult for him to look for employment of a similar nature elsewhere due to ill-health.
Vague statements
Notably, he alleges contravention of the Occupational Health and Safety Act by the employer, which he claims contributed to his condition during his employment. In response, Anglo American Platinum raised several exceptions against the particulars of Zelolo's claim, arguing that the statements made were vague, thereby causing confusion regarding the basis of the claim which seems to oscillate between delictual claims for damages and statutory claims under the Compensation for Occupational Injuries and Diseases Act 1993. The company's arguments included claims that Act does not apply to mines as per the definition of a workplace, thereby undermining Zelolo's legal standing.
Judge J Kganyago pointed out significant flaws in Zelolo's particulars of claim, noting that they were poorly drafted and failed to adequately establish the nature and scope of the statutory duties allegedly breached by the defendant. As a consequence, the court upheld several grounds of exception raised by Anglo American Platinum, indicating that Zelolo needed to provide clearer claims of negligence and causation.
Crucially, the judge noted the distinction between claims for damages and statutory claims must be explicit, particularly as these carry different legal parameters of proof.
The court has granted Zelolo a period of 15 days to amend his particulars so they comply with legal standards, following which the merits of the case will be considered further.
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