‘Poisoned’ businessman sues

Published Dec 18, 2014

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Johannesburg -

A Nelspruit businessman is claiming R9.2 million from a metal company after he allegedly contracted manganese poisoning while doing maintenance work at a mine.

Cornelius Jacobus Pretorius, 40, said in papers before the high court in Pretoria he was exposed to ores containing manganese while working at a plant in Nelspruit between 1999 and October 2005.

The Manganese Metal Company Ltd, operated the business which extracted manganese metal from the ores.

Pretorius is claiming the damages from the company, saying it did not take steps to ensure he was not exposed to high levels of manganese dust - potentially hazardous to humans exposed to it.

Pretorius said he was exposed to excessive levels of manganese over the four-year period.

He blamed his exposure and subsequent poisoning on the metal company, which he said should have put safety measures in place to protect its workers.

The company at first did not issue its workers with dust masks, he said.

It later issued masks, but they were inadequate to cope with the high levels of the toxic chemical, he said.

As a result he developed permanent and debilitating symptoms, - pain in the throat and in the body, spasms, especially when swallowing, chronic headaches, difficulty in sleeping, deterioration of short term memory and muscle pains.

Pretorius said he had to undergo numerous tests and would in future be subjected to further treatment.

He is permanently disabled and has difficulty working. He said he had to close his business and can no longer work as he did before he developed the condition. His condition was worsening by the day and the prognosis regarding recovery was bleak, Pretorius said. His damages claim include an estimated R3m for future medical expenses and R5m for loss of earnings.

The metal company denied liability, saying it had contracted Pretorius’s company Nelspruit Labour and Engineering CC to carry out plant maintenance. The terms of the contract included that the contractor be liable for damages arising from the contract. This, the company said, thus indemnified it.

It said that the contractor would have taken out insurance for the duration of the contract to cover all risks. The contractor had to comply with the health and safety regulations relating to hazardous substances. Pretorius, as owner of the contracting firm, was thus the one who was negligent, it said.

The court ruled the trial be split – first to determine liability and if so the amount. No date has been set.

- Pretoria News

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