Global InformationMankayi v AngloGold Ashanti information
| Mankayi v AngloGold Ashanti | |
|---|---|
 | |
| Court | Constitutional Court of South Africa |
| Full case name | Thembekile Mankayi v AngloGold Ashanti Limited |
| Decided | 11 March 2011 |
| Docket nos. | CCT 45/10 |
| Citations | [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC) |
| Case history | |
| Prior actions |
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| Court membership | |
| Judges sitting | Ngcobo CJ, Moseneke DCJ, Cameron J, Froneman J, Khampepe J, Mogoeng J, Nkabinde J, Skweyiya J, Yacoob J and Brand AJ |
| Case opinions | |
| Section 35(1) of the Compensation for Occupational Injuries and Diseases Act, 1993 does not extinguish the common-law liability of mine-owners for occupational injury or occupational disease suffered by mineworkers. | |
| Decision by | Khampepe J (unanimous) |
| Concurrence | Froneman J |
Mankayi v AngloGold Ashanti Ltd is a 2011 decision of the Constitutional Court of South Africa in South African labour law and the South African law of delict. The court upheld the right of mineworkers to sue at common law for damages incurred due to occupational disease and occupational injury. The High Court and Supreme Court of Appeal had found that section 35(1) of the Compensation for Occupational Injuries and Diseases Act, 1993 established a statutory bar to such claims, but the Constitutional Court held unanimously that the relevant provision applied only to workers who were entitled to claim for compensation under that act.