Confidential information related to South Africa’s apartheid-era nuclear weapons programme is due to be released following a landmark ruling by the High Court in Pretoria.
The information consists of medical and occupational safety records related to a former employee of Ucor, a private company that conducted top-secret research at the Valindaba nuclear facility outside Pretoria in the ’70s and ’80s.
The company records are currently held by the state-owned SA Nuclear Energy Corporation (Necsa).
In terms of the court order, Necsa must hand over all relevant medical records and health and safety documents related to 62-year-old Tilman Roux, who is seeking compensation for cancer he alleged was caused by exposure to ionising radiation.
Roux worked at the infamous Y plant of Ucor’s uranium enrichment plant between 1974 and 1983 at a time when South Africa was actively seeking nuclear weapons capacity.
Roux’s lawyers claim Necsa withheld some information from their client last year when his case came before the Department of Labour’s compensation commissioner, who dismissed the matter. Necsa spokesman Chantal Janneker yesterday confirmed that the company would “provide what is available as ordered”.
This week the court found that Roux’s case had not been properly investigated — and instructed Necsa to deliver all relevant information to the compensation commissioner.
Janneker says Necsa has already provided “substantial information”.
However, Roux’s lawyer, Paula Howell, said it was possible some relevant information may have been destroyed or gone missing.
Howell said: “It seems as if they (Ucor) may have destroyed all documents related to the (uranium enrichment) process.”
Roux’s concerns about possible radioactive contamination mounted after he was diagnosed with rare blood plasma cancer in June 2007.
Dominique Gilbert of the anti-nuclear lobby, the Pelindaba Working Group, said there were at least 500 other former Necsa employees who might seek compensation. She said Roux’s case might finally lift the veil of secrecy around working conditions at apartheid-era nuclear facilities, but that the current government appeared to be repeating the mistakes of the past by denying access to information.
Published: The Times
http://www.thetimes.co.za/PrintEdition/Article.aspx?id=920295
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Sunday 18 January 2008
MEDIA STATEMENT: Pelindaba Working Group callS for COMPENSATION COMMISSIONER TO REVIST ALL NUCLEAR WORKER CASES
The Pelindaba Working Group urges the Compensation Commissioner to compel the South African Nuclear Energy Corporation (NECSA) to produce complete documentation which it has failed to produce for hundreds of workers over the past 5 years, ignoring the pre-requisites of the Promotion of Access to Information Act (PAIA).
On the 15th January, for the first time in South Africa, a Pretoria court set a precedent by ordering NECSA to hand over health and safety records in order to assist a former employee in the nuclear industry to claim workers’ compensation benefits.
If, however, the State-owned company NECSA remains incapable of producing untampered with or missing medical and worker records, a truly independent inquiry is necessary to determine whether these records were destroyed or have “gone missing”, and why.
The Pretoria ruling also puts an end to NECSA’s practice of refusing to supply information to compensation claimants in circumstances where the Compensation Commissioner could be relied upon not to assist claimants in obtaining the required information.
Mr Tilman Roux, 62, a former employee of South African Uranium Enrichment Corporation (UCOR), applied for workers’ compensation benefits in accordance with the Compensation for Occupational Injuries and Diseases Act 1993 (COIDA) in November 2007 following a cancer diagnosis in June 2007. His claim was rejected in March 2008 by the Compensation Commissioner, because of NECSA’s refusal to supply records.
In terms of COIDA only the Compensation Commissioner can compel NECSA to supply information, but the Compensation Commissioner, contrary to the provisions of COIDA, told Mr Roux that he had no duty to investigate the claim further.
Mr Roux has now successfully approached the High Court of Pretoria to obtain an order instructing the Compensation Commissioner to investigate his claim properly in accordance with COIDA and compel NECSA to supply all information relevant to his claim.
This ruling has implications for any worker confronted by the refusal of an employer such as NECSA to disclose health and safety information on its workers.
Mr Roux worked at the infamous Y plant of UCOR’s uranium enrichment plant between 1974 and 1983 at a time when South Africa was actively building nuclear bombs.
There are at least 500 other former Necsa employees who believe they qualify for compensation some of whom were also turned down by the Commissioner. Several could not apply to COIDA as NECSA failed to produce complete records. We believe the Commissioner should revisit the other NECSA cases that have come before him in the past and keep his door open to others who seek justice.
We hope Roux’s case might finally lift the veil of secrecy around working conditions at nuclear facilities that the public will benefit from the knowledge. It’s high time the cloak and dagger nature of the nuclear industry is exposed.
Not only are nuclear workers at risk, but also the public at large for whom nuclear liabilities and insurances and medical recourse from routine emissions (let alone accidents) is almost non-existent.
That no dose of ionizing (man-made) radiation is a safe dose is no longer in question. It can take up to 20 years to manifest before cause slow painful death.
The South African government remains committed to the trumped-up “nuclear renaissance” it can ill-afford and its ambitious nuclear expansion program which was Gazetted in December despite wide-spread opposition.
We reiterate our call for an independent inquiry and want the government to:
· To ensure that by law, the nuclear industry is held responsible for illness of the workers
· To ensure that worker’s rights are understood and respected
· To influence the zero emission of radiation to workers, the environment and property.
Issued by:
Dominique Gilbert
Coordinator
PELINDABA WORKING GROUP
MEMBER OF THE NATIONAL COALITION AGAINST NUCLEAR ENERGY
