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Eva Longoria's Next Role: Hispanic Activist in Washington
When Barack Obama takes the presidential oath of office on Monday, he will be joined on the platform by Supreme Court justices, former presidents—and one of the "Desperate Housewives."
Actress Eva Longoria, the 37-year-old star of the hit television show and twice Maxim magazine's Hottest Woman of the Year, is taking on a challenging new role as a Hispanic activist and power player in Washington, D.C. One of her primary aims is to make the case that "Latinos aren't a drain on the economy or criminals crossing the border," she says. "Most are hardworking people who are America's emerging market."
Ms. Longoria is the most prominent among Latino leaders who are gaining political sway from the 2012 election, in which the Hispanic vote was a critical force in delivering victory to Mr. Obama. A co-chair of his campaign, she stumped for him at rallies across the country and was one of the largest "bundlers," or fundraisers, while hosting star-studded events raising millions of dollars.
Her role reaches beyond fundraising and speechmaking, however, and into policy and strategy. She helped urge Mr. Obama to make a key change in immigration policy last year, and she is teaming with business to explore investments in housing and retail developments in Hispanic communities.
Along the way she has developed a rapport with the president and his advisers. She is now planning meetings this weekend with the capital's elite, including private receptions at the White House and vice president's residence and a bipartisan brunch she is co-hosting at a Georgetown eatery this weekend with Mark McKinnon, a former strategist for George W. Bush and Arizona Republican Sen. John McCain. There, she plans to begin a Republican outreach by meeting with Colin Powell, the former secretary of state, and other attendees including Grover Norquist.
It is part of a broader strategy to build her personal brand within the nation's fastest-growing market. Ms. Longoria is modeling it on Bono's celebrity-to-political-activist transformation, and has hired one of the singer's advisers.
As she rises in prominence, Ms. Longoria is at risk of being seen as an Obama partisan rather than a policy advocate. "Half of my movie tickets and my products are bought by Republicans," says Ms. Longoria, who is also a spokeswoman for cosmetics company L'Oréal Paris and Lays potato chips.
She has had a few missteps along the way. In the heat of the presidential campaign, Ms. Longoria angered some of her Republican fans on Twitter. In October, she re-tweeted, or re-sent, someone else's message describing GOP presidential hopeful Mitt Romney as "racist/misogynistic" and calling people who would vote for him "stupid."
She tried to delete it, but some of her nearly five million followers saw the message and objected. She followed up with apologies. "Sorry if people were offended by retweet. Obviously not my words or my personal view. I respect all Americans #FreedomOfSpeech," she wrote.
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Ms. Longoria "is beginning to understand that she's at that critical point when she must decide whether to fight causes as an American, or a political partisan," says Bobby Turner, chief executive of Canyon Capital Realty Advisers, who is exploring Hispanic-community investments with her. To have the best chance at success, he says, "she will need bipartisan collaboration."
Ms. Longoria says partisanship has gone too far. "The Republicans and Democrats are acting like two different gangs," she says. "There are some great Republicans and some great Democrats."
She may have a tough time proving her bipartisan bona fides to some Republicans. Last spring for instance she criticized Florida Sen. Marco Rubio, a prominent GOP Hispanic lawmaker, saying that he was "coming up with some silly stuff" on Latino issues.
Republicans and Democrats alike are chasing the loyalties of Latinos following last year's election, which demonstrated the power of Hispanic Americans. The Hispanic share of the vote reached 10% for the first time, and Mr. Obama won almost three-quarters of that. As a result, both parties have immigration issues near the top of their post-inaugural to-do list.
Many Americans now agree on a wish to overhaul the immigration system. Republicans tend to prefer doing it step-by-step, dealing separately with new immigrants and children of undocumented workers, for example, and then offering illegal immigrants a path toward some kind of legal status down the road. Democrats generally prefer one comprehensive overhaul bill offering a path toward full citizenship for illegal immigrants who have been working here.
Hispanics are the fastest-growing segment of the U.S. population, at 16%, a proportion expected to grow to 30% over the next four decades. And they are an economic force. Hispanic buying power was estimated at $1.2 trillion last year, according to the Selig Center's annual Multicultural Economy report.
"We've earned a seat at the table," says San Juan-based lawyer Andres Lopez. "Now we're going to make it permanent."
Mr. Lopez has joined Ms. Longoria and other influential political and business figures to form the Futuro Fund, a Hispanic organization that initially raised money for the president's campaign, and now advocates for Latino issues. Its leaders include the twin brothers and rising politicos Julian and Joaquin Castro, the mayor of San Antonio and Texas Congressman. Futuro and other Hispanic groups are exploring founding a Latino think tank in Washington.
In a series of interviews in and around Los Angeles in recent days—at a Latin restaurant she owns, in meetings for her charitable foundation, and on-set as she acted in a potato-chip commercial—Ms. Longoria shifted back and forth from high-wattage performer to nerdy student of politics and policy. Last Sunday offered a particularly vivid example of her attempt to balance the roles.
Sunday morning, Ms. Longoria, who is the executive producer of an NBC show called "Ready for Love," in which matchmakers help three young men find true love, held a casting call to pick the bachelors for the second season. Men in their 20s and 30s were ushered in. Ms. Longoria hugged each one, then got down to business. "What's your type?" she asked. "Whose fault was your last breakup?"
At one point, she dismissed one of the hopefuls as too young for the part. Then, she quipped, "What am I talking about? I just dated a 26-year-old." That was New York Jets quarterback Mark Sanchez.
From the casting call, Ms. Longoria went to a hotel suite to dress for the Golden Globes, where she was to announce two winners alongside actor Don Cheadle. While a hairstylist blew out her long hair, she texted Trevor Neilson, the political adviser who worked with Bono, to review her Washington schedule for this weekend's inaugural.
She asked him which Republicans would be attending a Sunday brunch at Georgetown's Café Milano that she is co-hosting. "I need to show them that I can work with them," she texted.
Later, in the car on the way to the Golden Globes, she asked Mr. Nielson: Would Mr. Powell, the former secretary of state, be at the event and if so, could she get some time to speak with him privately?
" 'It needs to be delivered by you in an emotional manner,' she said to the president. "
Soon, she was out of the car and posing for photographers on the red carpet in her Pucci gown.
In their occasional meetings over the past two years, Ms. Longoria and Mr. Obama have developed a rapport. Last spring, in a private meeting with Hispanic bigwigs, she pressed the president to move unilaterally to protect Latino undocumented youth at risk of deportation. According to Ms. Longoria and two others present, Mr. Obama first blamed Congress for failing to pass the Dream Act, a bill designed to address the problem.
To the surprise of several people present, Ms. Longoria persisted. "But Mr. President, you have to do something," she said. As the conversation continued, she said: "With all due respect, sir, it needs to be delivered by you in an emotional manner."
"What do you mean?" he replied, after suggesting that the executive branch was already working on a plan.
"Show your connection to us," Ms. Longoria said. "You were raised in an environment similar to many Latinos. Talk to us like you're talking to family."
San Antonio businessman Henry Munoz, who sat across from the pair, recalls, "It was a powerful moment. Eva is disarming because she's petite and beautiful, but the president respected her forceful advice."
About two months later, on June 15, Mr. Obama announced a directive in the Rose Garden designed to help illegal immigrants who had been brought to the U.S. as children. They are "Americans in their hearts, their minds and every single way but on paper," he said.
It was at that same spring meeting that Mr. Obama noticed a tattoo on Ms. Longoria's wrist, she recalls, and suggested that she have it removed. She explained that it was the date of her wedding. (She is now divorced.)
"Now, was that a good idea?" she recalls the president saying.
She replied, "Well, I thought so when I got married!"
Ms. Longoria did have the tattoo removed.
Ms. Longoria, born in Corpus Christi, is the fourth daughter of a special-education teacher and Army base worker. As a teen, she worked at a Wendy's burger joint and paid for college by teaching aerobics, piling up credit-card debt and getting loans and grants.
Interested in acting, she moved to Los Angeles where a job as a corporate recruiter allowed her to audition. After three years on the soap opera "The Young and the Restless," Ms. Longoria was drafted by ABC for a new drama, "Desperate Housewives," which first aired in 2004. Her character's sexual escapades shot Ms. Longoria to fame and fortune.
During her eight-season run on "Desperate Housewives," Ms. Longoria increased her support of Hispanic and political causes. She gave to Democratic candidates and made tacos for their volunteers, even as most of her family in Texas remained red-state Republicans.
After Mr. Obama's election in 2008, Ms. Longoria was named to a commission studying a possible Latino-American museum in Washington, D.C. When Mr. Obama, a basketball fan, occasionally saw her, she says, he seemed more interested in whether her husband at the time, NBA star Tony Parker, was around.
Around the time her marriage ended in 2010, Ms. Longoria launched her own production company, perfume line, her Los Angeles restaurant called Beso ("kiss" in Spanish) and a cookbook filled with her Tex-Mex favorites. She also enrolled in a master's program in Chicano studies and political science at Cal State-Northridge, for which she is writing a dissertation. She says she didn't want to be one of "the rich celebrities who don't know what they're talking about."
By 2011, she had become a regular in Washington, including the screening of her documentary "Harvest" on the plight of child farm workers. Also the Futuro group was founded and began working closely with the Obama campaign, which asked Ms. Longoria to get involved. She hosted successful fundraisers in Los Angeles, Miami, New York and elsewhere, at a time when Mr. Obama's business support was dropping.
She was offered a speaking role at the Democratic National Convention. But when the campaign sent her a draft speech, she says, she rejected it as "too much rah-rah and too little substance." She recalls telling the campaign's speechwriter: "I want to show that I came from the lower middle class and why I support the president."
When she took the convention stage, she attacked Mr. Romney for trying to preserve tax rates for the wealthy. "The Eva Longoria who worked at Wendy's flipping burgers—she needed a tax break," she said. "But the Eva Longoria who works on movie sets does not."
The week before the election last November, Ms. Longoria spent two days in southern Florida—home to a particularly powerful Latino electorate—to mobilize volunteers and speak to voters on behalf of the Obama-Biden ticket. While there, she became a visible target for hecklers that showed up at Obama rallies in the days of the campaign. "I got booed, I got beat up," she says, citing one incident where a woman punched her in the arm. When she flew out to Las Vegas for the president's final rally on Nov. 1, she says she was sure Mr. Obama would lose the state.
"How was Florida?" Mr. Obama asked her in Las Vegas, she says.
"I think we're going to win Florida," she replied—"the only time I lied to the president." Ultimately, he won Florida by a whisker.
Ms. Longoria has devoted a chunk of her time the past year to getting her foundation up and running. As an adviser, she retained Global Philanthropy Group, run by Mr. Neilson and his wife, Maggie, who have helped myriad other stars, including Bono, Richard Branson and Madonna, with their causes.
Ms. Longoria's foundation recently received a $2 million commitment from Howard Buffett, Warren Buffett's son. The fund will make small loans to Latinas in Texas to start their own businesses, according to Ms. Longoria and Mr. Buffett. She got Mr. Buffett's donation, he says, after cooking him an egg breakfast and riding with him on a combine at his farm.
Mr. Turner of Canyon Capital asked Ms. Longoria to speak last fall at his annual seminar on social-impact investing at the Wharton School of Business, and now is negotiating with her to collaborate on for-profit affordable housing and retail outlets in Hispanic communities. Ms. Longoria says she wants to show that Hispanic concerns transcend immigration. "There's not a single Latino platform. It is about the economy, education and health care."
While her various Hollywood commitments prevent her from taking a full-time position in Washington, she says, she declines to rule out politics in the future. Gilberto Hinojosa, chairman of the Texas Democratic Party, says, "Would I like Eva to run for office down here? Hell yes."
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Meeting Facilities
- Meeting Rooms: NCEAS has a large conference room that can comfortably accommodate 18 people, with a maximum of 22. Additionally, break-out rooms are available for smaller groups. Rooms are equipped with wireless and ethernet Internet access, two projectors, and white boards. There is also access to several larger conference facilities.
- Lounge: A lounge and kitchen are available for breaks and informal seminars and gatherings.
- Offices: Large offices are each shared by 2-3 resident and visiting researchers, and are equipped with supplies and computers.
- Video Conferencing: Video conferencing is available to engage collaborators at multiple sites.
- Hardware and Software: NCEAS provides networked computing resources to support visiting researchers on-site, as well as via the Internet. High performance computing is available for demanding modeling, statistical, visualization, and data management projects. Visitors have access to advanced PC, Macintosh, and Linux workstations running a broad range of software for accomplishing all phases of ecological analysis. More information
- Computing Support: NCEAS' computing systems are maintained by our resident scientific computing staff, who are also available to provide analytical and general technical support and advice. More information
Other Amenities
- Office Support: NCEAS office staff is available to assist you with travel, hotel/housing arrangements, and local transportation options, as well as answer any of your questions. Fax and photocopying is also available. Visitors receive an informational packet that details NCEAS services and procedures.
- Downtown Location: NCEAS is ideally located in the heart of downtown Santa Barbara. Situated in the Balboa building in the picturesque Paseo Nuevo, NCEAS is only minutes, perhaps even seconds, away from many fine restaurants, hotels, shops, museums, the ocean, and Stearn's Wharf.
- Hotels: NCEAS has negotiated special rates with a number of hotels within walking distance to the NCEAS facility.
- Accessibility: NCEAS is wheelchair accessible and bicycle friendly. nceas [at] nceas.ucsb.edu (Contact us) for more information.

subset: commoncrawl


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Hello, beautiful people! I just want to tell you how lucky I am.
I live in St.Petersbourg, Russia. It's a big city and many artists come to perform here, but I've never imagined that one of them would be Kuraki Mai. THE Kuraki Mai! I love her songs (and thanks of course to DC anime for introducing her to me!) and at first couldn't believe the news of her upcoming concert.
I had some trouble getting the ticket. The Japanese embassy was handling the give-away, the tickets were sent to the people who usually come to such events and friendly organizations. I managed to find a person with a couple of tickets and begged for one telling that I can't miss this concert. Thankfully that kind woman was very understanding so I met her before the perfomance today and got my ticket.
There isn't actually a lot that I can say about the concert. It was fantastic. The orchestra is made of top-notch musicians (well, others don't perform in the great Mariinsky Theatre) and they were magnificent. Kuraki-san was astonishingly beautiful, very humble and gave an amazing performance. Here is the list of songs that we heard today:
Revive, Stand Up and the last three songs were granted the loudest cheers and applause. Powerful and unforgettable performance of the songs that I love so much. Man, you can't ask for more. While singing "Always" Kuraki-san encouraged the audience to help her with the "always give my love always give my love to you" part and I think I'm the only one who did it. Well, can't be helped. I'm not sure how many people there actually knew her and her songs (except the people from the embassy and other Japanese guests maybe).
And that's about it. My phone camera is from the Stone Age so you'll have to excuse me this photo:
There were people filming the concert with professional cameras so I hope that some footage will be uploaded to the Internet.
Sorry for my mess of an English. I'm way too excited right now!


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Décapalm the club is located at Deca beach, just outside Ain Taya approximately 30 kilometers from Algiers. The club is located a few meters from the beach on a beautiful location.
DistanceTake a car
WalkInstant access (< 5min)
Easy to find?Easy to find
Public access?Public access
Special accessDon't know
Alternative name Canadienne
Wave qualityRegional Classic
ExperienceAll surfers
DirectionRight and left
PowerHollow, Fast, Powerful, Ordinary, Powerless
Normal lengthShort (< 50m)
Good day lengthShort (< 50m)
Good swell directionNorth, NorthWest, NorthEast
Good wind directionNorthWest, West, South, East, NorthEast
Swell sizeStarts working at 1.0m-1.5m / 3ft-5ft and holds up to 3m+ / 10ft+
Best tide positionMid tide
Best tide movementRising and falling tides
Week crowdFew surfers
Week-end crowdFew surfers
As far as dives, sites I've seen so far are rather different and much cleaner than in other places I have visited Algiers. A beautiful wreck at 35 meters from the Second World War, falling with abundant flora and fauna including moray eels, conger eels, groupers and sea slugs.
Regarding hardware, everything is new and it is quite possible to arrive at the club with his hands in his pockets and fully equipped. Otherwise, the diving sites are located within 20 minutes by boat from the club, and it seems that there are many (I have been to three so far)
Author: surfalgerie Contributors (3) They surfed this spot ! (3)
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Con-Cret Creatine
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Con-Cret Creatine
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Boiron Homeopathics, Acteane, Hot Flash Relief, 120 Tablets
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At UW-Green Bay, students experience hands-on learning from award-winning
faculty on a naturally beautiful campus. Learn more about academics,
campus life, affordability, and how to apply.
Geography is the systematic study of the location, variation and interrelations of natural and cultural features of the earth. Its study exemplifies the University's mission to emphasize interdisciplinary, problem-focused education because geography examines the world and its problems with a view to comprehensive understanding and critical thinking.
Geography students gain a broad education encompassing the sciences and the liberal arts.
Geography offers technical training for students who wish to work as professional geographers in government or industry, and provides background for advanced work in business, economics, history, political science, the humanities, or in the biological and earth sciences, depending upon a student's individual needs. Students who want preparation to teach should seek advice early from advisers in geography and education to make sure they complete all requirements.
Geography minors combine their studies with an interdisciplinary major. Depending on their career goals, students might effectively combine geography with programs in business administration, environmental science and policy, urban and regional studies, human development, social change and development, or humanistic studies.
Students in geography can expect to become acquainted with current technology in the field through courses introducing them to the concepts and uses of geographic information systems (GIS). In addition, students develop spatial analytical skills that are applied to problem solving projects. In this light, students are encouraged to gain practical experience through internships with local agencies and organizations in the region and through practical course projects.
Students seeking information on teacher certification should contact the Education Office.


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Cap Intro: L/S Equity | Event Driven Alternative Investing is a highly focused capital introduction event bringing together active investors and successful, growing alternative investment managers focusing especially on opportunities in L/S equity and Event Driven strategies.
At the Cap Intro: L/S Equity | Event Driven Alternative Investing, investors and investment managers get what they need in their allocation and capital raising efforts: targeted private meetings. It is an extraordinary opportunity to get first round or continued meetings with your potential investors/investment managers underway.
Rationale for investors: meet with exceptional managers investing in L/S equity and Event Driven strategies in an extremely time efficient and productive format.
Rationale for managers: get in-depth private meetings with hand-picked, active investors looking especially for opportunities with L/S equity and Event Driven focused investment managers. Manager/investor ratio is ca. 1:2 for exceptional exposure.
Before the Event
• Managers and investors are pre-screened and pre-qualified for fit with this event's focus
• About 30 pre-screened investors will review the participating managers
• Consultation with meetings selection, as requested by participants
• If managers don't get a minimum of scheduled meetings, they may cancel and be refunded
At the Event:
• Participation is capped at ca. 10 managers and 20 investors
• Morning with facilitated private meetings in 35 minute sessions
• Luncheon with introductory presentations given by the managers
• Afternoon with facilitated private meetings in 35 minute sessions
• Closing with networking reception
After the Event
• We share available feed-back from introduced participants within four weeks after the event, as requested
The Private Meetings
Confirmed investors and managers are able to request and accept meetings with each other prior the event, using pre-screening information and the assistance of Catalyst Financial Partners. At the event, the meetings are in 35 minute intervals and consist of one manager and one / two investors.
Venue: Capital Grille Wall Street, NY
Date: 10:00am – 6:00pm, 22nd October 2012
This investor event is by invitation only. For more information on the event, pricing and attendees, please contact Catalyst Financial Partners: firstname.lastname@example.com
For reviews on past cap intro events, see Stats & Reviews: Cap Intro: L/S Equity | Macro Alternative Investing, 20th October 2011.
For reviews, see Stats & Reviews from one of our recent events.


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Bring your baby (up to 11 months) to the Amon Carter for an art-filled experience! Engage with yoga instructor Miranda Davis as she leads an age-appropriate yoga session inspired by the Amon Carter's collection.
Using artwork as inspiration, you will create a unique, playful, intimate, and joyful yoga practice. Enjoy deep breathing, simple yoga movements and postures, and plenty of time to relax and bond with your baby.
Please wear comfortable clothing and a baby carrier (front carrying) if you have it. Yoga mats and blocks will be provided, but you are welcome to bring your own.
Registration for this program opens September 1.
Questions? Call 817.989.5013 or email firstname.lastname@example.com.
Itty-Bitty Art programs are offered on the third Saturday of every month.
Bring your baby (up to 11 months) to the Amon Carter for an art-filled experience! Engage with Jennifer DeSantis, early childhood music specialist, as she leads a developmentally appropriate session that includes music-making activities inspired by the Amon Carter's collection.
Musical activities include singing, instrument play, creative movement, and dancing. Caregivers will learn to recognize early music behaviors such as singing and moving, as well as how to utilize music during daily rituals at home.
Please bring a small blanket for your baby and be sure to wear comfortable clothing.
Bring your baby (up to 11 months) to the Amon Carter for an art-filled experience! Engage with Dr. James Thomas, early literacy consultant, who will demonstrate age-appropriate activities inspired by the museum's collection.
Infancy is the time to begin with an awareness of language and books. During this program you will learn songs, how to share books, sign language, and ways to exercise with your little one to encourage language development.
Please bring a blanket to use during this program.
Meet at the Information Desk for an interactive tour focusing on women in American art, from the women on the canvas to those creating the art. Also discover the entrepreneurial spirit and fierce tenacity of the women promoting the artists, and the pioneering spirt of those who brought the arts to Fort Worth. No reservations required.
Meet at the Information Desk for a tour of the highlights of the permanent collection of paintings and sculpture led by one of our friendly, knowledgeable docents. No reservations are required.
Every third Saturday, join the museum's librarian or archivist on a behind-the-scenes tour of the museum's research library and archives. The tour starts in the reading room and continues to book storage and then to archives and special collections. Along the way, learn about the history of the facility, its collections (over 150,000 items), and its various programs. No reservations required.


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PER: Potchefstroomse Elektroniese Regsblad
versión On-line ISSN 1727-3781
PER vol.14 no.7 Potchefstroom ene. 2011
Justice delayed is justice denied: protecting miners against occupational injuries and diseases: comments on Mankayi v anglogold ashanti Ltd 2011 32 ILJ 545 (cc)
CI Tshoose
LLB, LLM (North-West University). Senior Lecturer in Mercantile Law, College of Law, University of South Africa. E-Mail: email@example.com
In the Mankayai v Anglogold Ashant Ltd 2011 32 ILJ 545 (CC) the Constitutional Court was called upon to give meaning and content by interpreting the provision of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and section 100(2) of the Occupational Diseases in Mines and Works Act 78 of 1973. The Court had to determine if the employee common-law right of recourse against his employer in cases where he sustained occupational diseases is extinguished by virtue of section 35(1) of COIDA. The purpose of this case note is twofold: firstly, it analyses the decision of the Constitutional Court in the Mankayi case; secondly, the case note looks at the significance of the Mankayi case for the system of occupational health and safety in South Africa. In conclusion, the contribution explores the need for the introduction of a unified system which will address issues of occupational health and safety in a coordinated and unified manner.
Keywords: Occupational health; diseases; injuries; employees; protection; justice
1 Introduction
"Death is the constant shadow that haunts the ex-mine workers as they struggle for compensation."1 Linked to this are the poor working conditions that South African miners find themselves in.2 This is evident from the statistics of workers who die in accidents underground, while thousands more die of work-related diseases such as silicosis,3 which is a debilitating disease that causes scarring and shrinking of the lungs, destroying the breathing ability of people who suffer from it.4 Excessive exposure to dust and asbestos results in asbestosis and silicosis, which remain major causes of premature retirement and death among South African miners.5
Against this background, safety and health at work lie at the heart of the system of social security. The occupational health and safety system plays a crucial role in protecting employees against occupational injuries and diseases in their workplace. In fact, the occupational health and safety system has far-reaching implications for the contract of employment as well as in the lives of individuals, their families and communities. Recently, a number of scholars have addressed the impact of silicosis and asbestosis on the lives of mineworkers in South Africa.6
The purpose of this case note is to analyse critically the judgment of Mankayi v AngloGold Ashanti,7 and to consider its implications for the system of occupational health and safety in South Africa. In this analysis, the main question is whether or not section 35(1) of COIDA,8 which excluded Mankayi from its scope of application, is constitutional. The contribution will analyse the decision of the Constitutional Court which dealt with the interpretation of section 100(2) of the ODIMWA9 and section 35(1) of COIDA.10
As a precursor, it is important to provide an overview of the Mankayi case for the discussion that follows. This will be done by analysing important legislation which plays a key role in occupational health and safety. Secondly, the case note will examine the system of compensation under the occupational health and safety legislation. Thirdly, the case note will be preceded by a short discussion of jurisdiction and prescription. Thereafter a discussion of the Mankayi case follows. As a point of departure, it will be argued that the decision of the Constitutional Court has far-reaching implications for the future of occupational health and safety, and in particular for the employer's liability for occupational injuries and diseases in mines.
2 Brief overview of the Mankayi case
The Constitutional Court in Mankayi v AngloGold Ashanti11 pondered the issue of the mineworkers' right to compensation. Firstly, the Court had to consider the provisions of section 100(2) of ODIMWA, which excluded Mankayi from claiming benefits under COIDA. Secondly, the Court had to decide whether section 35(1) of COIDA12 limits the right of mineworkers to recover damages for occupational injury sustained or disease contracted during the course of employment.
It is against this background and on this basis (as discussed above) that the Applicant (Thembekile Mankayi) challenged the findings of both the South Gauteng High Court13and the Supreme Court of Appeal14 in which section 35(1) of COIDA was interpreted as extinguishing the mineworkers' common-law right to sue the employer for occupational injuries sustained and diseases contracted during the course of employment, while protecting the employer against claims arising from non-compliance with the common-law duties of the employer, such as the duty to provide a safe working environment.
Judge Boshoff, in Van Deventer v Workmen's Compensation Commissioner,15 summarised an employer's duty as follows:
An employer owes a common law duty to a workman to take reasonable care for his safety. The question arises in each particular case what reasonable care is required. This is a question of fact and depends upon the circumstances of each particular case. A master [employer] is in the first place under a duty to see that his servants [employees] do not suffer through his personal negligence, such as failure to provide a safe working environment and a failure to provide [a] proper and suitable plant, if he knows or ought to have known of such failure.
The MHSA further places a duty on an employer to provide a safe working environment, and this duty is subject to the concept "reasonably practicable", which is defined in the Act.
In terms of the MHSA, the employer at a mine being worked at must ensure safety at the mine without risk to the health of employees and persons who may be affected by the activities at the mine. The MHSA also states that the appointment of a manager does not relieve the employer of any duty imposed on him by the MHSA or any other law. Furthermore, if no manager is appointed, the employer must himself perform the functions of the manager.
2.1 The facts
In the present case, the Applicant had been employed as an underground mineworker by the Respondent (AngloGold Ashanti Limited) for 16 years from 1979 to 1995. In his particulars of claim the Applicant alleged that during his employment the Respondent had negligently exposed him to harmful dusts and gases as a result of which he contracted diseases in the form of tuberculosis and chronic obstructive airways disease, which had rendered him unable to work as a mineworker or in any other occupation.
After being certified as suffering from a compensatable disease, the Applicant received R16 320.00 from the Compensation Commissioner in terms of ODIMWA. In enforcing his common-law right, the Applicant issued summons against the Respondent. He claimed damages in the sum of about R2.6 million. This comprised past and future loss of earnings of R738 147.14, future medical expenses of R1 374 600.00 and general damages of R500 000.00 (which included pain and suffering).
In the light of the above facts in the Mankayi case, both the High Court and the Supreme Court of Appeal ruled that the Applicant was barred by section 35(1) of the COIDA from instituting a delictual claim against his former employer, the Respondent. In fact, the Respondent raised a technical point, that the Applicant was barred by the operation of section 35(1) of COIDA from instituting a claim for damages against the Respondent. Section 35(1) of COIDA provides that:
an employee or any other dependent of an employee is precluded from recovering any damages in respect of any occupational injury or disease resulting in the disablement or death of such employee from such employee's employer. Section 35(1) also provides that no liability for compensation shall arise against an employer, except under COIDA.
In this case, the Respondent raised exception to the Applicant's claim, arguing that section 35(1) of COIDA barred the Applicant from claiming damages. The Respondent's exception was upheld by the High Court. The Applicant appealed the judgment of the High Court to the Supreme Court of Appeal. On appeal, the Supreme Court of Appeal found that section 35(1) of COIDA extinguished all common-law claims for damages for any occupational injury or disease resulting in the disablement or death of an employee and, consequently, that the Applicant's claim was excluded by s 35(1) (discussed above). In short, the Applicant's appeal was unanimously dismissed by the SCA bench. As a result, the Applicant approached the Constitutional Court on the following basis. Firstly, to determine whether section 100(2) of ODIMWA precludes the Applicant from claiming compensation under COIDA. It is important to note that section 100(2) provides that no person who has a claim to benefits, under ODIMWA, in respect of a compensatable disease, as defined in ODIMWA, on the ground that such person is or was employed at a controlled mine, shall be entitled, in respect of such disease, to benefits under COIDA, or any other law. Secondly, the Constitutional Court had to determine whether section 35(1) of COIDA includes employees covered by ODIMWA, notwithstanding that they are barred from claiming benefits under COIDA; and the abrogation of the common-law right of action envisaged by section 35(1) of COIDA.
2.2 The decision of the Constitutional Court: Some preliminary remarks on prescription and jurisdiction
2.2.1 Prescription
In the Mankayi case the Court was silent on the Prescription Act.16 However, it is important to give a brief overview of some of the relevant provisions of the Act which have some relevance to this case. The Prescription Act has the effect of extinguishing a debt after the lapse of a specified period. A debt in the context under discussion refers to the Applicant's claim for damages. The relevant period in this regard is three years.17 The question often arises when prescription commences. Must a plaintiff know all the facts on which his/her claim is based before prescription commences? Section 12 of the Prescription Act provides that prescription shall commence to run "as soon as the debt is due".18 However, if the defendant (a debtor) wilfully prevents the plaintiff (a creditor) from coming to know of the existence of the debt (the claim), prescription shall not commence to run until the plaintiff becomes aware of the existence of the claim.19 In Truter and Another v Deysel,20 the court per Van Heerden, JA held inter alia as follows:
For the purposes of the Act, the term "debt due" means a debt, including a delictual debt, which is owing and payable. A debt is due in this sense when the creditor acquires a complete cause of action for the recovery of the debt, i.e. when the entire set of facts which the creditor must prove in order to succeed with his or her claim against the debtor is in place or, in other words, when everything has happened which would entitle the creditor to institute action and to pursue his or her claim.
Even though the Constitutional Court was silent on the issue of prescription, it is clear that the Mankayi case falls within the statutory confines of the Prescription Act, because the Applicant in his particulars of claim alleged that in 1993 and in 1999 he was diagnosed as suffering from pulmonary tuberculosis and that in August 2006 he was informed that he had contracted silicosis and obstructive airways disease. In my opinion, the discussion on the Prescription Act gives some guidelines on the time frames required by our law for a party to institute a claim against an employer.
2.2.2 Jurisdiction
The Constitutional Court was called upon to decide if it had jurisdiction to entertain this matter. In analysing the question of jurisdiction, the Court remarked that in a system of constitutional supremacy it is inappropriate to construe the concept of what is a "constitutional matter" narrowly. According to the Court, a constitutional matter involves the following:21
(a) the interpretation, application or upholding of the Constitution itself, (b) the development of (or the failure to develop) the common law in accordance with the spirit, purport and objects of the Bill of Rights, (c) a statute that conflicts with a requirement or restriction imposed by the Constitution, (d) the interpretation of a statute in accordance with the spirit, purport and objects of the Bill of Rights (or the failure to do so), (e) the erroneous interpretation or application of legislation that has been enacted to give effect to a constitutional right or in compliance with the legislature's constitutional responsibilities, or (f) executive or administrative action that conflicts with a requirement or restriction imposed by the Constitution.
In addition, as Khampepe J remarked, it is in the interest of justice that an authoritative interpretation be given to a statutory provision that is claimed to curtail an employee's common-law right to recover compensation for the harm suffered in consequence of an employer's negligence. This is so where the employee is not entitled to claim the benefits under that statute and can claim only seemingly paltry benefits under a different statute.22 Froneman J, in delivering her reasons for granting leave to appeal, argued that the mere fact that this case concerns the interpretation of a statute is sufficient to bring it within the Constitutional Court's jurisdiction.23 Froneman states:
This constitutional injunction makes it impossible to interpret any legislation other than through the prism of the Bill of Rights. Statutory interpretation is thus inevitably a constitutional matter. It is a legal issue which necessarily involves the evaluation of social and policy choices reflected in legislation.
With reference to Pharmaceutical Manufacturers Association of SA and Another: In re Ex Parte President of the Republic of South Africa and Others,24 the Court observed that there is only one system of law. It is shaped by the Constitution, which is the supreme law, and all law, including the common law, derives its force from the Constitution of the Republic of South Africa, 1996 (the Constitution) and is subject to constitutional control. The Court further noted the decision in S v Boesak,25 and Fraser v Absa Bank Ltd (National Director) Public Prosecutions as Amicus Curiae,26 and held that there are non-exhaustive instances of what constitute constitutional matters. The Constitutional Court further held that a constitutional matter can among other things include all questions of law which are derived from the Constitution.27
This approach to interpretation adopted by the Court suggests that as far as constitutional interpretation is concerned, South Africa is undergoing a transformation from a formal, positivistic vision of law to a substantive, natural law vision of law.
2.3 Analysis of and comment on the Mankayi case
In the judgment delivered by Ngcobo CJ, Moseneke DCJ, Brand AJ, Cameron J, Froneman J, Mogoeng J, Nkabinde J, Skweyiya J and Yacoob J, the Constitutional Court overturned the previous judgment of the Labour Court and the Supreme Court of Appeal where it was held that section 35 of COIDA extinguishes the common-law right of mineworkers to recover damages for occupational injury or disease from negligent mine owners under COIDA. The South Gauteng High Court (High Court)28 and the Supreme Court of Appeal29 interpreted section 35(1) of COIDA as extinguishing the mineworkers' commonlaw claim and extending the protection against common-law liability to mine owners.
The Constitutional Court held that section 35(1), while excluding the common-law right of employees to sue the employer for damages in respect of occupational injury or disease, covers only employees who are entitled to claim under COIDA. Mineworkers excluded in terms of ODIMWA from claiming against their employer under COIDA for compensatable diseases in a controlled mine are not covered by section 35(1).
In justifying the conclusion it reached, the Court premised its argument on section 39(2) of the Constitution, which provides that a court must, when interpreting any legislation, promote the spirit, purport and objectives of the Bill of Rights. The Court per Froneman J30 reasoned that the interpretation given to section 35(1) of the COIDA in the High Court and Supreme Court of Appeal has the effect of abolishing a common-law right which protected and provided an appropriate remedy to the fundamental right to freedom and security of the person in terms of section 12(1) of the Constitution. One of the main issues examined by the Court was the question of whether COIDA applies to employees covered by section 100(2) of ODIMWA, and whether the exclusionary and extinguishing effect of section 35(1) applies only to employees who have a claim for compensation under COIDA in respect of the occupational disease suffered by Mankayi. The Constitutional Court remarked that the meaning of the word "employee" in section 1 of COIDA covers employees such as the Applicant, who are entitled to claim for occupational diseases under COIDA and who may become entitled to claim benefits for compensatable diseases under ODIMWA.31
The Court also acknowledged that various provisions indicated that COIDA also applies to employees in controlled mines and works. The definition of the words "employee" and "employer" respectively do not expressly exclude employees who could have a claim for compensation under ODIMWA. ODIMWA provides statutory compensation for designated compensatable diseases contracted at controlled mines and works.
Apart from providing compensation for occupational injuries, COIDA also provides for statutory compensation in respect of a number of listed occupational diseases32 contracted by employees in the course of their employment and resulting in disablement or death. The diseases that constitute "compensatable diseases" under ODIMWA overlap with the diseases that constitute occupational diseases under COIDA. In the case of the Applicant, the disease which he had contracted could fall within both COIDA and ODIMWA, but section 100(2) of ODIMWA precludes him from claiming under COIDA. For the disablement set out in his particulars of claim, he is restricted to his ODIMWA remedy and is not entitled to a COIDA claim.
Furthermore, the Court also considered the impact of section 100(2) of ODIMWA on the definition of "employee" and the use of that word in section 35(1) of COIDA which provides:
... substitution of compensation for other legal remedies ... No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee's employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death.
What is striking in this provision is that there is no reference at all to ODIMWA, notwithstanding the fact that COIDA was enacted more than twenty years after ODIMWA. Had the legislature intended for ODIMWA to entitle employees to be covered under COIDA, it would have been easy for it to have included references to ODIMWA, but it has not done so.
It is, of course, important to be attentive to the precise language of the provision. What section 35(1) does in terms of the Court's interpretation is twofold. Firstly, it expunges the common-law claims of employees against the employer and, secondly, it limits an employer's liability to pay compensation save for under the Act. It expressly states that no liability for compensation on the part of such an employer shall arise save under the provisions of this Act.
It limits the employer's liability to pay compensation to liability under COIDA alone. That, in the Court's view, is an indication that both parts of the provision apply only to those employees covered by "the provisions of this Act"; namely, COIDA. Secondly, the Court emphasised that, if the language of section 35(1) is unclear, this Court would be entitled to have regard to the heading to determine its meaning. However, in the Court's view the language is clear, even without the heading. Section 35(1) substitutes COIDA compensation for other legal remedies and no more. Neither this provision nor any other in the relevant statute refers to compensation under ODIMWA.
According to the Court, the compensation provisions of ODIMWA and COIDA are separate but contiguous. While section 100(1) of ODIMWA precludes "doubledipping" on the part of employees who qualify for compensation because of having contracted a disease that is listed under both ODIMWA and COIDA, section 100(2) of ODIMWA goes further and specifically precludes employees with claims in respect of compensatable diseases under ODIMWA from claiming any COIDA benefits in respect of the same disease. It is difficult to see how section 100(2), while removing employees from COIDA compensation, could at the same time render section 35(1) applicable to them. Thirdly, the court analysed the comparison between COIDA and ODIMWA (see discussion at 2.4.1 below).
The Constitutional Court's decision in the Mankayi case, in my opinion, has farreaching consequences for employers, and also in the area of occupational health and safety. The Constitutional Court in this case should be commended for adopting a far-reaching and innovative way of developing the common law (discussed below). The Court's approach in developing the common law is informed by section 39(2) of the Constitution, which empowers the Court, when interpreting any legislation and when developing common law or customary law, to promote the spirit, purport and objects of the Bill of Rights.
This decision by the Constitutional Court imposes a duty on courts to ensure that, when faced with the task of developing common law, they do so in line with the Constitution.33 The Court's decision moreover imposes a duty on the courts to give effect to the tenets of the Bill of Rights. The Court developed the common-law rule in this decision, which resulted in the Respondent being made liable for the damages as a result of the exposure by the Applicant to harmful dusts and gases in consequence of which he contracted diseases in the form of tuberculosis and chronic obstructive airways disease, which have rendered him unable to work as a mineworker or in any other occupation.
The importance of this decision is extensive. It will surely change the way in which the courts deal with cases relating to compliance with occupational health and safety laws. It also deals successfully with the right to the freedom and security of a person as enshrined in the Constitution.34
In this regard the Court referred to the matter of Law Society of South Africa and Others v Minister for Transport and Another.35 In this case, the Court held that the abolition by the legislature of the common-law claim to sue a driver of a motor vehicle for negligent injury implicated the right enshrined in section 12(1)(c) and had to pass muster under the limitations provisions of the Bill of Rights.36 Similarly, the Court remarked that this same constitutional right finds expression in the legislation that seeks to regulate the safety of the mining industry, the Mine Health and Safety Act 29 of 1996 and the regulations prescribed thereunder.
2.4 The protection of mineworkers against occupational injuries and diseases in South Africa
There are various sources which regulate occupational injuries and diseases. The International Labour Organisation has a number of conventions concerning employment injuries and diseases.37 In South Africa a constitutional imperative regarding occupational health and safety exists.38 Collective agreements can also contain arrangements relevant to social security and health and safety at the workplace.
The primary legislation in South Africa which provides for preventative measures are Occupational Health and Safety Act,39 and the Mine Health and Safety Act,40 while the most important legislation that regulates compensation for employees' injuries and diseases (and even death) suffered and contracted at work is the COIDA.41
There is also the ODIMWA,42 which provides for mandatory reporting and the payment of certain benefits to mineworkers who develop certain occupational lung diseases, as well as the payment of certain benefits for the dependants of workers who die from such diseases. The Road Accident Fund Act43 is applicable where an employee is injured while being conveyed by a motor vehicle in the course of his employment. In cases of commuting injuries, COIDA and the RAF Act must be read together. For the purposes of this contribution, however, the discussion is confined to COIDA, OHSA, and ODIMWA.
It is also important to note that the OHSA and the Mines Health and Safety Act are aimed at ensuring the health and safety of employees at the workplace. In essence, these statutes serve a truly preventative purpose in the sense that they strive to prevent the contraction of diseases or injuries by employees. Similarly, COIDA and ODIMWA deal with the aftermath of injury or disease, i.e. the payment of compensation to the injured employee.
The purpose of workers' compensation legislation was pointed out by Price J in R v Canquan44 when he remarked:
[Such legislation] is designed to protect the interests of employees and to safeguard their rights, and its effect is to limit the common-law rights of the employers and to enlarge the common-law rights of employees. The history of social legislation discloses that for a considerable number of years there has been progressive encroachment on the rights of employers in the interests of workmen and all employees. So much has this been the purpose of social legislation that employees have been prevented from contracting to their detriment. They have been prohibited from consenting to accept conditions of employment which the legislature has considered are too onerous and burdensome from their point of view.
In addition, COIDA is wider in scope than the Workmen's Compensation Act, which it replaced in 1993. Compensation is payable only if the accident which caused the injury, illness or death occurred within the scope of the employee's employment and was not predictable. No payments are made in respect of temporary disabilities of three days or less.45
It is common that in most social security systems, even where a completely unified scheme for disability exists, a separate and more favourable scheme for industrial injuries is often retained. Occupational injury and disease benefits are not simply granted or allocated; they are bought through insurance contributions. Employees make available their labour to the employer who benefits from it financially. It is therefore accepted that the responsibility of financing such an insurance scheme rests with employers. In return, a statutory provision, such as section 35 of COIDA, replaces an employer's delictual liability towards the employee with insurance cover.
2.4.1 Comparison between COIDA and ODIMWA on the levels of compensation
The comparison between ODIMWA and COIDA compensation is aimed at proving that a person compensated under COIDA for an occupational disease is in a much better position than another person suffering from the same disease but who is compensated under ODIMWA. The Court, before coming to its conclusion, first compared the compensation payable under COIDA and ODIMWA respectively.
In terms of COIDA, an employee who suffers from an occupational disease is entitled to compensation in terms of Chapter VII of COIDA, which is headed "Occupational diseases".46 However, this Chapter does not exclusively concern itself with the mechanism for compensation, but sets out general principles. Section 65(6) of COIDA provides that the sections of COIDA regarding an accident apply "mutatis mutandis" to any occupational disease in relation to which there is a right to compensation in terms of COIDA.47 It is therefore necessary to revert to Chapter VI of COIDA, which is concerned with compensation for accidents. The court used the term "occupational disease" as used in Chapter VII. Employees who suffer from occupational diseases are not compensated in respect of the disease itself but for temporary total disablement, temporary partial disablement and permanent disablement.
An employee who incurs temporary total disablement as from 1 April 201048 would be entitled to receive up to 75 percent of his/her monthly earnings subject to a maximum of R16 400 and a minimum of R2 100 per month.49 The employer must pay this amount for the first three months of disability after which the Fund or the mutual association concerned takes over.50 The employee is entitled to 75 percent of his/her monthly earnings for a maximum period of 24 months,51 but this period may be extended in certain circumstances.52 This is particularly relevant to the ODIMWA comparison, which is made later, in that an employee who receives 75 percent of his/her monthly earnings for 24 months will in effect receive a total of one-and-a-half times his/her annual earnings and will return to work after that.
Employees who suffer permanent disability for the purposes of COIDA as a result of an occupational disease are in a much better position than the ones restricted to ODIMWA compensation. They are compensated according to the degree of their disability. The following examples, which were analysed by the court, demonstrate the gap between COIDA and ODIMWA in many respects:
(a) Employees who have a permanent disability of 30 percent are entitled to a lump sum of 15 times their monthly salary; that is to say, one-and-a quarter times their annual salary subject, as at 1 April 2010, to a minimum lump sum of R45 800 and a maximum of R183 400.53 By contrast, the Applicant, who was diagnosed as suffering from a compensatable disease which rendered him completely unemployable, received a total of R16 320 under ODIMWA as calculated in 2005. Under COIDA he would have received R24 480 if he had been found to have been permanently disabled to a degree of 30 percent in 2005.
(b) Employees who suffer a 100 percent permanent disability are entitled to a monthly pension of 75 percent of their monthly salaries subject, as at 1 April 2010, to a minimum monthly pension of R2 300 and a maximum of R16 400.54 The Applicant would have received a minimum monthly pension of R1 224 under COIDA from 2005 and would by now have received in excess of R70 000 if he had been found to have been permanently disabled in 2005. There is also a provision for the payment of a lump sum to this category of employee in certain circumstances.55
The dependant of an employee who dies as a result of an occupational disease would essentially receive in effect a lump sum of twice the monthly pension (a minimum of R4 600 as at 1 April 2010).56 The dependants would secondly benefit from a monthly pension of 40 percent of the amount that would have been payable to the employee had the employee been 100 percent permanently disabled.57 Thirdly, the Director-General would have to pay the employee's funeral costs subject to a maximum of R12 300 as at 1 April 2010.58 Moreover, if the employer was negligent, the employee would receive more money and could in fact be compensated for his/her total financial loss.59 This concludes the overview of COIDA benefits in respect of occupational diseases.
The Court interpreted the relevant provisions of ODIMWA to the extent that it relates to COIDA. The Court emphasised that ODIMWA becomes applicable when an occupational disease is classified as a "compensatable disease". One would have expected the benefits under ODIMWA to be more or less the same or somewhat more than under COIDA, but the opposite is the case. Except for a person suffering from tuberculosis, who is entitled to 75 percent of his monthly earnings when ill,60 the only benefits payable to a person who is suffering from a compensatable disease contracted as a result of risk work is a lump sum which amounts to approximately one and one third of his annual salary61 if that employee suffers from a compensatable disease in the first degree, and about three times his annual salary62 if the compensatable disease is in the second degree.63
There is no provision for the payment of funeral expenses, or any lump sum or pension for dependants. The statute does, however, make provision for the dependants of a person who died of a compensatable disease to receive the lump sum that would have been payable to that person had he not died.64 In other words, where the person suffering from a compensatable disease has been paid the lump sum, the dependants get nothing even if they are children. To make matters worse, the person who finds himself afflicted with a compensatable disease merely because of legislative classification has no right to claim additional damages even if the employer was negligent, a right that is reserved for employees who suffer occupational diseases.
With this in mind, according to the Constitutional Court, the Supreme Court of Appeal erred in concluding that it is not possible to compare the two provisions. This is despite the fact that the differences between the compensatory regimes of COIDA and ODIMWA are quite apparent. A person whose disease is certified as a compensatable disease loses all the benefits of COIDA and receives much less under ODIMWA.65 The purpose is obviously to reduce the burden on the COIDA fund by converting an occupational disease into a compensatable disease. This means that the person benefits to a considerably lesser degree from another fund to which the employer makes a contribution and a much smaller contribution at that, because of the smaller benefits payable. The saving to the employer arising out of the redefinition of the disease amounts to a reduction in the contribution to the COIDA fund, which exceeds the amounts to be paid to facilitate the lesser compensation under ODIMWA. It must be emphasised that an employee who has a claim under ODIMWA has to be excluded from its scope of coverage. The drastic reduction in his compensation is obligatory. It is therefore not surprising that ODIMWA is silent on the issue of common law liability.66
The Court also commented on the enhanced compensation for which section 56 of COIDA provides where an employee contracts an occupational disease due to the negligence of the employer or other specified categories of related persons. ODIMWA has no comparable provision.67 This leaves those entitled only to ODIMWA compensation at a severe disadvantage. The argument that section 35(1) must be interpreted to exclude mineworkers' common-law claims so as to create a just and sensible parity in the two statutes' compensation systems is thus without merit.
In its conclusion the Court held that section 35(1) must be read in the context of the other provisions of COIDA. The employee referred to in section 35(1) whose common-law claim is expunged is limited to an employee who has a claim for compensation under COIDA in respect of occupational diseases mentioned in COIDA. It is this employee that section 35(1) of COIDA excludes from instituting a claim for the recovery of damages against the employer for occupational diseases resulting in disablement or death. The expungement does not extend to an employee who is not entitled to claim compensation in respect of "occupational diseases" under COIDA.
The corollary is that section 35(1) does not cover an employee who qualifies for compensation in respect of "compensatable diseases" under ODIMWA. The exclusion of liability in section 35(1) is therefore limited to employees who are entitled to compensation in respect of "occupational diseases" under COIDA. The exception raised by the Respondent should therefore have been dismissed.
The consequence of the judgment is that only employees who are precluded from claiming under COIDA as a result of the wording of section 100 (2) may now institute a claim of damages against their employer. The employee will still have the onus of proving damages and that such damages were caused by the negligence of the employer. This judgment does not mean that all employees at all mines and works will always have a right to bring claims for damages against their employer in respect of illness suffered in the course and scope of their employment. The application of ODIMWA is limited to certain compensatable diseases such as tuberculosis and permanent obstruction of the airways. Progressive systematic sclerosis and all other permanent diseases of the cardio-respiratory organs are included under ODIMWA only if they are attributable to the performance of risk work as defined under ODIMWA. The category of employees who fall within the ambit of section 100(2) is limited to those who claim under ODIMWA on the ground that they were employed at a controlled mine or a controlled works. In respect of tuberculosis ODIMWA deems risk work at any mine or works to be risk work performed at a controlled mine or works. The extent to which employees have to rely on the fact that they were employed at a controlled mine or works in order to be entitled to benefits is further not clear from the wording of ODIMWA.
2.5 The significance of Mankayi v AngloGold Ashanti Ltd 2011 32 545 (CC)
The Constitutional Court's decision in the Mankayi case deemed to be relevant to the system of occupational health and safety based on the following reasons. Firstly, the Constitutional Court has developed a precedent to determine the content and meaning of the employer's duty of care. Phrased differently, there are yardsticks or standards of conduct against which the employer's conduct can be measured and judged. This judgment will instil some sense of accountability in employers who have exploited workers working under horrendous conditions for many years. Secondly, the judgment indicates that it is time the mines are taken to task about their responsibilities for the health and safety of employees in the workplaces. Lastly, the Mankayi case illustrates the difference in compensation that is being paid to employees suffering from the same occupational diseases. In short, it can be argued that the Mankayi case is the Court's latest and most promising innovation in the area of occupational health and safety.
In addition, in most civil-law jurisdictions the common-law duty of care is constantly being refined and given meaning and content by the courts through their judgments (as discussed above).68 In most countries the legislature has further refined the employer's duty of care by enacting health and safety legislation. In general, health and safety legislation is intended to give specific content to the duty of care, and to enhance accountability by providing for a range of additional criminal and administrative sanctions.
One of the criticisms levelled against this decision by the Constitutional Court is that this case will open the floodgates to many cases against the employers. However, in my opinion this decision of the Constitutional Court has the potential to achieve legislative change, in particular with regard to the protection of miners and ex-miners against occupational injuries and diseases. This resonates well with the constitutional provision which affords everyone the right to a healthy environment.69
The right to a healthy environment was first explicitly recognised as a non-binding principle in the 1972 Declaration of the United Nations on the Human Environment (the Stockholm Declaration) and the 1992 Rio Declaration on Environment and Development (the Rio Declaration). Those Declarations were not intended to create legal rights and obligations. However, they did contribute to the development of international and national law. The Stockholm Conference is considered an important starting point in developing environmental law at the global as well as national level. Principle 1 of the Stockholm Declaration linked environmental protection to human rights norms, stating:
Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.
Principle 1 of the Stockholm Declaration established a further foundation for linking human rights and environmental protection, declaring that Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being. In resolution 45/94 the UN General Assembly recalled the language of Stockholm, stating that all individuals are entitled to live in an environment adequate for their health and well-being. The resolution called for enhanced efforts to ensure a better and healthier environment.
The interpretation of the above legal instruments clearly indicates a paradigm shift in the system of occupational health and safety in South Africa. The first one relates to the linkage between labour law and human rights. The second one indicates that the system of occupational health and safety cannot operate in isolation thereby disregarding other fundamental rights entrenched in the Constitution.
In fact, in other jurisdictions, the increased awareness of the constitutional right to a healthy environment has led courts to interpret the right to life as implying the right to a healthy environment in which to live that life. Authority illustrating this is found in the case of Taskin and Others v Turkey.70 This case involved challenges to the development and operation of a gold mine which the Applicant alleged caused environmental damage to the detriment of the people in the region.
In deciding this case, the Turkish Supreme Administrative Court held that the member states must ensure appropriate protection of life, health, family, private property, and the human right to a healthy, viable and decent environment. In the second case of Tatar v Romania,71 which arose in the aftermath of an ecological disaster at a gold mine in Romania which resulted in high levels of sodium cyanide and heavy metals being released into fresh waters, the water caused pollution and local residents were affected. The court in its decision held that the government must take action to adopt reasonable and adequate measures capable of respecting the rights of individuals against serious risks to their health and well-being.
The implementation of occupational health and safety standards in the workplace has been a subject of debate at an international level. To begin with, South Africa has ratified two key conventions relating to safety and health: the Safety and Health in Mines Convention72 and the Occupational Safety and Health Convention.73 The main objective of these conventions is to improve occupational safety and health conditions.74
The implementation of occupational health and safety laws in South Africa leaves much to be desired. This is evident from the statistics of workers who die in accidents underground, while thousands more die of work-related diseases such as silicosis.75 Ladou76 argues that corporation-dominated institutions will not implement meaningful worker-health protection. He therefore proposes a number of strategies to ensure that large corporations comply with occupational health and safety legislation. The author indicates that institutions such as the World Trade Organisation, World Bank, and the International Monetary Fund can play a key role in the implementation of the International Labour Orgnisation Conventions relating to occupational safety. One of the strategies that Ladou proposes is that the WTO, World Bank, and IMF can require member states to provide a minimum standard of workers' compensation insurance for all workers.
In short, multinational corporations, in particular in the area of mining, have a legal duty to comply with the Constitution and specifically with the provisions covering labour rights, environmental protection, and occupational health and safety as discussed above. Meeran77 argues that a duty should be imposed in respect of corporations operating in foreign countries to ensure that their operations do not violate workers rights to a safe environment.
Similarly, numerous methods of imposing human rights' accountability on corporations would be welcome. Such accountability should include the responsibility of the state for the actions of those within their jurisdictions. This means that in cases involving the violation of occupational health and safety laws, such a state could be held liable in international law for human rights' violations perpetrated by private entities, including corporations.78 Finally, the proposals for the inclusion of a human rights' (social clause) exception to free trade provisions under the WTO regime would improve compliance with occupational health and safety legislation.
2.6 Conclusion
In the Mankayi case, the Constitutional Court was called upon to give meaning and content by interpreting the provision whereby employees qualify for compensation for occupational injuries or diseases, either in terms of COIDA or ODIMWA, to determine whether or not their common-law right of recourse against their employers in cases where they sustain occupational injuries or contract occupational diseases is extinguished by virtue of section 35(1) of COIDA.
The Court noted that compensation under ODIMWA is far less generous and comprehensive than that afforded under COIDA and concluded that the exclusion of common-law liability in section 35(1) is limited to those employees entitled to compensation under COIDA. According to the Court, to hold otherwise would strain the plain meaning of the language in section 35(1). In its judgment the Court unanimously held that mineworkers who have contracted compensatable diseases under ODIMWA retain their common-law right to claim against their employers.
The above analysis has endeavoured to show the role that the Constitutional Court has played in protecting miners against occupational diseases. For that reason it is argued that the Constitutional Court has developed a precedent to determine the content and meaning of the employer's duty of care. This means there are yardsticks or standards of conduct against which employers' conduct can be measured and judged. This judgment will instil accountability in employers who have exploited workers for many years by expecting them to work under horrendous conditions. Secondly, the judgment indicates that it is time that mine owners were held to account for their responsibilities for the health and safety of their employees in the workplace.
In addition, in most civil-law jurisdictions the common-law duty of care is constantly being refined and given meaning and content by the courts through their judgments (as discussed above).79 In most countries the legislature has further refined the employer's duty of care by enacting health and safety legislation. In general, health and safety legislation is intended to give specific content to the duty of care and to enhance accountability by providing for a range of additional criminal and administrative sanctions.
The judgment has attracted various criticisms. The critics of the Court charge it with "opening the flood gates" to cases against employers. However, there is a threefold answer to these critics. Firstly, this judgment, it is submitted, is groundbreaking in that it has paved the way for mineworkers to seek justice outside of the failed compensation system. Secondly, the decision of the Constitutional Court provides us with an opportunity to fight the legacy of asbestos and silicosis that has left a trail of health and death threats in our communities. Thirdly, the Mankayi case also highlights the lopsided nature of the workers' compensation laws in South Africa, which lean towards compensation and place little focus on human rights. On a positive note, the Mankayi judgment places a duty on the employer to implement numerous good practice solutions which will enhance safety in the workplace.
In conclusion, the Mankayi case illustrates an inherent gap in the system of occupational health and safety in South Africa. The Committee of Inquiry into a National Health and Safety Council concluded that the system of compensation under COIDA and ODIMWA has not maximised its potential to promote preventative activities.80 Even though it is more cost effective to run an effective rehabilitation scheme than to pay long-term cash benefits to victims of occupational accidents or diseases, reintegration measures are not being sufficiently addressed by the relevant South African legislation.81It is evident that there is a need for a unified system which will address issues of occupational health and safety in a coordinated and unified manner.
Ehrlich R 2007 "The body as history: On looking at the lungs of miners" (Inaugural lecture delivered at the University of Cape Town 26 September 2007) [ Links ]
Grogan J Workplace Law 10th ed (Juta Cape Town 2010) [ Links ]
Hermanus MA "Occupational Health and Safety in Mining: Status, new developments and concerns" 2007 SAIMM 532-537 [ Links ]
Kinley D and Joseph S "Multinational Corporations and Human Rights: Question About their Relationship" 2002 Alt LJ 7-10 [ Links ]
Ladou J "World Trade Organisation ILO Conventions, and Workers' Compensation" 2005 IJOEH 210-211 [ Links ]
McCulloh J "Counting the Cost: Gold Mining and Occupational Disease in Contemporary South Africa" 2009 African Affairs 221-240 [ Links ]
Meeran R "Review Liability of Multinational Corporations: A Crucial Issue" 2000 IJOEH 249-254 [ Links ]
Meeran R "Cape PIc: South African mineworkers' quest for justice" 2003 International Journal of Occupational and Environmental Health 218-227 [ Links ]
Olivier MP et al Social Security: A Legal Analysis (LexisNexis Butterworths Durban 2003) [ Links ]
Roberts J The Hidden Epidemic Amongst Formers Miners: Report of the Department of Health (Department of Health Pretoria 2009) [ Links ]
Tshoose CI "Employer's Duty to Provide a Safe Working Environment: A South African Perspective" 2011 6(3) JICLT 166-171 [ Links ]
Wilson DJ et al "The Ratification Status of ILO Conventions Related to Occupational Safety and Health and Its Relationship with Reported Occupational Fatality Rates" 2007 Journal of Occupational Health 72-79 [ Links ]
Register of legislation
Compensation for Occupational injuries and Diseases Act 130 of 1993 (COIDA)
Constitution of the Republic of South Africa, 1996
Mine Health and Safety Act 29 of 1996 (MHSA)
Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA)
Occupational Health and Safety Act 85 of 1993 (OHSA)
Prescription Act 68 of 1969
Road Accident Fund Act 56 of 1996 (RAF)
Register of government pulibcations
GN 304 in GG 33118 of 21 April 2010
Register of international treaties and instruments
Convention on Benefits in the Case of Employment Injury 121 of 1964
Convention on Minimum Standards of Social Security 102 of 1952
Convention on Occupational Safety and Health 155 of 1981
Convention on the Safety and Health in Mines 176 of 1995
Register of court cases
Fraser v Absa Bank Ltd (National Director); Public Prosecutions as Amicus Curiae 2007 3 SA 484 (CC)
Law Society of South Africa v Minister of Transport 2011 1 SA 400 (CC)
Mankayi v AngloGold Ashanti Ltd 2010 5 SA 137 (SCA)
Mankayi v AngloGold Ashanti Ltd 2011 32 ILJ 545 (CC)
Mankayi v AngloGold Ashanti Ltd Case No 06/22312, South Gauteng High Court, Johannesburg, 26 June 2008, unreported
Pharmaceutical Manufacturers Association of SA: In re Ex Parte President of the Republic of South Africa 2000 2 SA 674 (CC)
R v Canquan 1956 3 SA 355 (E)
S v Boesak 2001 1 SA 912 (CC)
Taskin v Turkey App. No. 46117/99 2004 Eur Ct Hum Rts 621
Tatar v Romania App. No. 67021/01
Truter v Deysel 2006 4 SA 168 (SCA)
Van Deventer v Workmen's Compensation Commissioner 1962 4 SA 28 (T)
Register of Internet sources
Anonymous Date Unknown Occupational Health and Safety in Mining: Realities faced by mineworkers xzy.smu.edu.cn/.pdf [date of use 27 Sep 2011]
SIMRAC 2003 Final Report of the Safety in Mines Research Advisory Committee: Silicosis Control Programme - Phase 1, No SIM 02-06-03 researchspace.csir.co.za/dspace/bitstream/10204/1302/1/Sim020603.pdf [date of use 4 Jul 2011]
York G 2011 'South Africa's Sickened Gold Miners: A Long wait for Justice' Canadian Globe and Mail 20 June 2011 www.republicofmining.com/2011/06/20/for-south-africa%E2%80%99ssickened-gold-miners-a-long-wait-for-justice-by-geoffrey-york-globe-and-mailjune-20-2011 [date of use 10 Jul 2011 ]
List of abbreviations
|Alternative Law Journal
|Eur Ct Hum Rts
|European Court of Human Rights
|Butterworths Constitutional Law Reports
|Compensation for Occupational injuries and Diseases Act
|International Journal of Occupational Environmental Health
|Journal of International Commercial Law and Technology
|Mine Health and Safety Act
|Occupational Diseases in Mines and Works Act
|Occupational Health and Safety Act.
|Road Accident Fund Act
|Industrial Law Journal
|Labour Appeal Court
|Labour Court
|Journal of Southern African Institute of Mining and Metallurgy
|Supreme Court of Appeal
The author would like to thank Ella Belcher (Chris Kapp Associates) and Jackie Viljoen for their editorial assistance in preparing this contribution.
1 York 2011 www.republicofmining.com.
2 SIMRAC 2003 researchspace.csir.co.za 24.
3SIMRAC 2003 researchspace.csir.co.za 24.
4 Anonymous Date Unknonw jxzy.smu.edu.c.
5 SIMRAC 2003 researchspace.csir.co.za 24.
6 McCulloch 2009 African Affairs 238-240; Ehrlich "Body as history"; Meeran 2003 IJOEH 218-227; Roberts Hidden Epidemic 32-39; Hermanus 2007 SAIMM 532-537.
7 Mankayi v AngloGold Ashanti 2011 32 ILJ 545 (CC) (hereafter referred to as the Mankayi case).
8 Compensation for Occupational Injuries and Diseases Act 130 of 1993 (as amended by Act 61 of 1997).
9 Occupational Diseases in Mines and Works Act 78 of 1973 (hereafter referred to as ODIMWA).
10 Compensation for Occupational Injuries and Diseases Act 130 of 1993 (hereafter referred to as COIDA).
11 Mankayi case.
12 Section 35(1) COIDA states that no action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee's employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death.
13 Mankayi v AngloGold Ashanti Ltd Case No. 06/22312, South Gauteng High Court, Johannesburg, 26 June 2008, unreported.
14 Mankayi v AngloGold Ashanti Ltd 2010 5 SA 137 (SCA). This case was overruled by the Constitutional Court on appeal.
15 Van Deventer v Workmen's Compensation Commissioner 1962 4 SA 28 (T).
16 Prescription Act 68 of 1969 (hereafter referred to as the Prescription Act).
17 Section 11 Prescription Act.
18 Section 12(1) Prescription Act.
19 Section 12(2) Prescription Act.
20 Truter v Deysel 2006 4 SA 168 (SCA).
21 Mankayi case.
22 Mankayi case para 21.
23 Mankayi case paras 117-118.
24 Pharmaceutical Manufacturers Association of SA: In re Ex Parte President of the Republic of South Africa 2000 2 SA 674 (CC) para 44.
25 S v Boesak 2001 1 SA 912 (CC) paras 10-5.
26 Fraser v Absa Bank Ltd (National Director); Public Prosecutions as Amicus Curiae 2007 3 SA 484 (CC) paras 35-47.
27 Mankayi case para 125.
28 Mankayi v AngloGold Ashanti Ltd Case No 06/22312, South Gauteng High Court, Johannesburg, 26 June 2008, unreported.
29 Mankayi v AngloGold Ashanti Ltd 2010 5 SA 137 (SCA).
30 Mankayi case para 120.
31 Mankayi case para 72.
32 Section 1 COIDA defines "occupational diseases" as any disease contemplated in s 65(1)(a) or (b). S 65(1)(a) refers to Schedule 3. Schedule 3 lists occupational diseases to include, inter alia, the following respiratory diseases:
(i) Pneumoconiosis-fibrosis of the parenchyma of the lung caused by fibrogenic dust;
(ii) Pleural thickening caused by asbestos dust exposure;
(iii) Silicotuberculosis;
(iv) Bronchopulmonary diseases caused by hard-metal dust;
(v) Bronchopulmonary diseases caused by cotton, flax, hemp or sisal dusts (byssinosis); and
(vi) Chronic obstructive pulmonary diseases.
33 Section 39(2) Constitution.
34 Section 12 Constitution.
35 Law Society of South Africa v Minister of Transport 2011 1 SA 400 (CC).
36 Mankayi case paras 75-78.
37 They include Convention on Minimum Standards of Social Security 102 of 1952, and the Convention on Benefits in the Case of Employment Injury 121 of 1964.
38 Section 24 Constitution states that everyone has the right to a safe working environment that promotes personal health and well-being. To put this in perspective, employers must identify workplace hazards, assess the potential risks stemming from these hazards and take appropriate action, which includes informing employees of the safety measures and risks associated with their workplace. For a detailed discussion on the employer's common law duties see Tshoose 2011 JICLT 166-171.
39 Occupational Health and Safety Act 85 of 1993 (hereafter referred to as OHSA).
40 Mine Health and Safety Act 29 of 1996 (hereafter referred to as MHSA).
43 Road Accident Fund Act 56 of 1996 (hereafter referred to as the RAF Act).
44 R v Canquan 1956 3 SA 355 (E) 357-358.
45 Grogan Workplace Law 9.
46 Sections 65-70 COIDA.
47 Set out in s 65(1) read with Schedule 3 COIDA.
48 The maximum and minimum amounts claimable are changed from time to time, but other details remain the same. For example see GN 304 in GG 33118 of 21 April 2010.
49 Section 47(1) and (2) COIDA read with item 1 of Schedule 4.
50 Section 47(3)(b) COIDA.
51 Section 47(5) COIDA.
52 Section 48(2) COIDA.
53 Item 2 of Schedule 4 COIDA.
54 Section 49(1) COIDA read with item 4 of Schedule 4.
55 Section 52 COIDA.
56 Section 54(1)(a) COIDA read with item 6 of Schedule 4.
57 Section 54(1)(b) COIDA read with item 7 of Schedule 4.
58 Section 54(2) COIDA read with item 10 of Schedule 4.
59 Section 56(4)(b) COIDA.
60 Section 80(1) ODIMWA.
61 Section 80(2)(a) ODIMWA, which provides for 1.31 of an annual salary.
62 Section 8o(2)(b)(i) ODIMWA, which provides for 2.917 of an annual salary.
63 Section 80(2)(b)(i) ODIMWA.
64 Section 80(4) ODIMWA.
65 Mankayi case para 88.
66 Mankayi case para 88. 67 Mankayi case para 107.
68 The employer's duty of care in South Africa is the only mechanism whereby employers who breach the duty of care owed to their employees can be held accountable through a system of administrative sanctions regulated by the inspectorate and the criminal justice system. The civil justice system has no role to play. Indeed, it is expressly excluded.
69 Section 24 Constitution. S 24(a) affords everyone the right to an environment that is not harmful to their health or well-being.
70 Taskin v Turkey App. No. 46117/99 2004 Eur Ct Hum Rts 621.
71 Tatar v Romania App. No. 67021/01 (judgment delivered in 27 January 2009).
72 Convention on the Safety and Health in Mines 176 of 1995.
73 Convention on Occupational Safety and Health 155 of 1981.
74 Wilson 2007 Journal of Occupational Health 72-79.
75 SIMRAC 2003 researchspace.csir.co.za 24.
76 Ladou 2005 IJOEH 210-211.
77 Meeran 2000 IJOEH 249-254.
78 Kinley and Joseph 2002 Alt LJ 7-10.
79 The employer's duty of care in South Africa is the only mechanism whereby employers who breach the duty of care owed to their employees can be held accountable. In practice it is through a system of administrative sanctions, regulated by the inspectorate and the criminal justice system, that the employer can be held accountable for non-compliance with his common law duties. The civil justice system has no role to play. Indeed, it is expressly excluded.
80 Olivier Social Security 491-499.
81 COIDA requires that the employer must pay the compensation due to the injured employee for the first three months of temporary total disablement (s 47(3)). This could perhaps be seen as a measure which will ensure to some extent the continuation of the employee's link with his employment. However, this remains essentially a temporary measure which is not backed by other (re)integration measures.


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Another day, another gadget buffet
Cool VoIP and PSP apps and gadgets galore
CES Certified gadget obsessives Tech Digest and Shiny Shiny scour Gizmoville for the oddest digital goodies
TV to go on your PSP coming to UK
Sony's CES presentation might have been high on gloss and short on content, but it did deliver some wonderful news for British PSP owners. Location Free TV – a very cool application for the handheld – is coming to the UK later in the year. Launched in the US in late 2005, Location Free TV enables PSP owners to watch remotely via Wi-Fi regardless of what is showing on their home TV. The system consists of a decoder box – which sells in the US for $350 – that plugs into any video device and a broadband connection.
The box then takes the video output and streams it over the web to the PSP. So, you can hook it up to your Sky box and wirelessly stream a live football game across continents, if you wish. Sounds like another very cool reason to invest in a PSP.
VoIP from any phone any time
eBay may have shelled out a an awful lot of money for Skype, but if CES is anything to go by it was cash very well invested. VoIP is everywhere, and Skype is making deals with everyone. One really cool new gadget which may help to edge VoIP even closer to the mainstream is the VoSKY Call Center from Actiontec. Its big advantage over traditional Skype systems is that you don't have to be anywhere near a PC to use it. In fact, you can use it to make free Skype calls remotely from any phone, including your mobile.
The system revolves around a small device, the Call Center, which you connect to your PC and your phone jack. You can then use any phone anywhere (you don't need Wi-Fi) to access the Call Center and make free Skype calls. It also has a facility to forward Skype calls to any number. So, in theory, you could receive Skype calls on your mobile. It sounds like a real innovation to us and we are further cheered by its cheapo price of just $69.95. Given that Actiontec has a reasonable presence in the UK, here's hoping we get it soon.
Media management for kids
In the good old days, once Top Of The Pops was over your mum simply switched off the TV and sent you to bed. Now, however, kids need a Media Time Management System to ensure they don't go all square eyed. The brainchild of a US start-up called Hopscotch Technology, the system revolves around a small box called B.O.B that is designed to limit the amount of time kids spend watching TV or playing computer games.
The box allows parents to set a certain amount of time per week and, once their kids have reached that limit, it switches the set off. It works with a PIN system and parents can limit the viewing time by the day or the week. Anyway, the company is rolling the device out in the spring in the US. No news on a UK launch yet.
JVC adds new hard disk cams
As expected, JVC is adding to its line-up of Everio hard disk-based camcorders. At CES it has announced four new models: a pair of 20 Gigabyte cams, the GZ-MG21 and GZ-MG27, and two 30 Gigabyte models, the GZ-MG37 and GZ-MG77. The big innovation for this year is that all the camcorders can be teamed up with a DVD burner for direct footage transfer, even if the owner doesn't have a PC. JVC has also upped the transfer speed.
The top-end GZ-MG77 has a 1.9inch 2.3 mega pixel CDD, a 10x optical zoom lens and a 2.7inch monitor. The other three models have lower resolution 680k CCDs, but offer a more powerful 32x optical zoom. The 30 gig models can house between seven-37 hours of video storage with the 20 Giggers having 4.5-25 hours. All four models will be available in the US in February/March. There is, however, no sign of the promised HD-compatible Everio. Maybe that'll follow later in the year. Sony also announced its first hard-disk cam at the show.
802.11g Wi-fi phone
Wi-fi is a pretty standard feature on smartphones these days, but the HyFi-110G from WNC has a couple of key advantages over its rivals. Firstly, the clamshell-design handset is pretty small for a Wi-Fi-endowed phone – think Sharp/Toshiba-style mobiles. Secondly, it is the first mobile we are aware of to feature the faster version of Wi-Fi, 802.11g. This makes it particularly nifty for video streaming or transferring files over a home network. It could also find a niche in streaming IPTV (TV via the web). The phone – which is due in the first half of 2006 – also features email, voice recording and a USB charger. Talk time is three hours while the battery lasts 70 hours on standby.
More rumours and gossip
Bill Gates and Sky the new dream team
Who will be first in the UK with a Blu-ray box?
PentaEXternal HD drive for Xbox 360


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Information For
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