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The first employee claims for injury from exposure to asbestos in the workplace were made in 1927, [64] and the first lawsuit against an asbestos manufacturer was filed in 1929. [65] Since then, many lawsuits have been filed.
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
In 2007, Chandler discovered that as a result of exposure to asbestos during that period of employment, he had developed asbestosis. The subsidiary no longer existed and had no policy of insurance covering claims for damages for asbestosis. Chandler brought a claim against Cape plc, alleging it had owed (and breached) a duty of care to him.
Asbestos-related disease had itself become recognised due to a coroner's report into the death of Nellie Kershaw, a worker at their factory, in 1924, and various parliamentary inquiries and reports into asbestos-related disease thereafter. The company had directed their lawyers to strongly defend all such claims, due to the risk of litigation. [14]
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Typically an asbestos plaintiff is exposed to a mixture of products during a thirty-year career in the building trades. It takes between twenty and fifty years from first exposure to the development of asbestos-caused cancer, so work histories, employment, military and social security records are used to help prove the plaintiff's exposure to various asbestos products throughout his or her career.
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. [1] JC Van der Walt and Rob Midgley define a delict 'in general terms [...] as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. [2]
The common law of South Africa, "an amalgam of principles drawn from Roman, Roman-Dutch, English and other jurisdictions, which were accepted and applied by the courts in colonial times and during the period that followed British rule after Union in 1910," [76] plays virtually no role in collective labour law. Initially, in fact, employment law ...