An Oasis of Litigation

Victim seeks mesothelioma settlement

Cancer (Mesothelioma, Asbestosis etc.)

Mesothelioma victim to testify to the Johannesburg high court, South Africa, on his exposure to harmful quantities of blue asbestos fibre while employed by Duiker Mining.

A senior advocate, who did not wish to be named, said applications for evidence to be heard on commission were only brought if witnesses were overseas and could not travel to South Africa or were ill and dying in hospital.

Spoor said the application would be bolstered by the allegation that Manchonyane was dying.

He could have used the Civil Procedure Evidence Act setting out his case in an affidavit, but would have had to satisfy several criteria.

"This would be an alternative to taking evidence on commission but is less than satisfactory," Spoor said.

A civil law expert attorney said Spoor was setting a legal precedent for a case of this nature because it was unusual practice for an application to be brought before the matter was ready for trial or evidence had been led.

Posted by Paul at October 14, 2003 03:09 PM |