I act for 30 workers from Assmang's Cato Ridge manganese smelter who show symptoms consistent with manganese poisoning. Eighteen were diagnosed to have either possible manganism, probable manganism or confirmed manganism, a condition of severe and irreversible brain damage caused by exposure to manganese dust and fumes.
The diagnoses were made by a panel of medical experts appointed by Assmang. Assmang submitted compensation claims to the workmen's compensation commissioner, who has to date approved 10 claims.
Over the last 18 months the National Union of Metalworkers of SA, Solidarity and I have been in discussion with the company. Assmang continues to assert that no employee has contracted manganism.
There is no dispute that many of my clients have been profoundly disabled.
After the original diagnoses, Assmang reconstituted its medical panel and, under the guidance of US neurologist Dr Warren Olanow, revised its diagnostic protocol.
Olanow was revealed in court papers to have received $2.7 million (R28.5 million at current exchange rates) from the US manganese industry to conduct research and testify on its behalf. His employer, the Mount Sinai University Medical School, is taking disciplinary action for his failure to disclose these payments.
The new panel re-examined eight of the first 18 cases and reversed the original diagnoses. Out of 27 cases, the panel found only one "possible" case of manganism.
On my advice, the 10 workers whose claims had already been accepted declined to be examined by the new panel. While they are not unwilling to be re-examined, it must be done by a panel of independent professionals agreed on by the parties, which should apply a diagnostic protocol that is objective and fair. Assmang has refused to accede to either of these demands.
In May negotiations collapsed when my clients rejected an offer of R500 000 if they agreed to be examined by the new panel.
Assmang then dismissed my disabled clients and terminated the medical and other benefits it had been affording them.
It then increased its offer to the 10 from R500 000 to R800 000 subject to their signing a settlement agreement. Several of my clients were willing to sign provided they were given an opportunity to take my advice on the terms. Assmang refused.
Assmang invited my clients to appoint another lawyer, who would get the opportunity to explain the terms of the draft agreement to them before they signed it. The lawyer would, however, not be permitted to receive a copy before it was signed.
My clients refused. Assmang called on a local tribal chief to prevail on my clients to sign the agreement. The chief declined.
A few days later Assmang advised that all negotiations were off.
A settlement remains in both my clients' and Assmang's best interest. I get paid if and when it is achieved. I remain hopeful that a settlement will be reached.
Richard Spoor
This is an edited version of Spoor's letter. The full letter can be found here
Car dealers can only blame themselves
I am not surprised that the car dealers are in trouble, not because of the economy but because of their disgusting service.
The worst was an Opel dealer in Pinetown. My deal was signed and, after months of frustration and broken promises, they could not locate a white vehicle for me in South Africa, even after their data sheet confirmed the availability of stock. This went on for months.
A Mercedes-Benz franchise was no better. I then approached a Peugeot dealer, who agreed on a trade-in value and price. The next day they wanted to give me R10 000 less for my trade in, as they could not get a white vehicle at that price.
Car dealers have no concern for customer service - then they complain about sales.
Robyn Goodard
Westville
Wishful BEE thinking
What a silly article by Chia-Chao Wu on black empowerment ("Taiwan's best export will be tale of Wang", November 18). He takes one billionaire philanthropist in Taiwan and concludes that therefore it is okay for black economic empowerment (BEE) to create billionaires.
The truth, of course, is that for every BEE billionaire who uses his money for social good, there are hundreds whose contributions to charity are zero. Wu states: "Imagine if every BEE entrepreneur made his own contribution to society." He uses the correct word: "Imagine".
Your readers must wonder whether Wu's uncritical enthusiasm for the way BEE works here is perhaps because his company, Empowerdex, makes its living on the back of BEE legislation.
Jonathan Anschrre
Kenilworth