A South African court dismissed a case brought against the multinational mining company Anglo American on behalf of 140,000 Zambian women and children, who claim they suffered lead poisoning from one of its mines.
The lawsuit, one of Africa’s largest class action cases, was submitted in October 2020accused Anglo American of negligence over its alleged failure to prevent widespread lead poisoning in the Zambian town of Kabwe, where its South African subsidiary allegedly played a key role in running a large mine from 1925 to 1974.
Lawyers representing the women and children of the South African firm Mbuyisa Moleele and the UK-based Leigh Daywho made his name bringing human rights and personal injury cases, said they would appeal the ruling.
The Kabwe lead mine – formerly known as the Broken Hill mine – is believed to have contributed to extensive environmental pollution in towns and communities living in the area.
Medical studies have shown children from Kabwe have record high levels of lead in their blood. Lead poisoning can cause health problems ranging from learning difficulties to infertility, brain damage and, in some cases, death.
Anglo American denied responsibility for the lead poisoning.
In a joint statement, Richard Meeran, a partner at Leigh Day, and Zanele Mbuyisa, a founding partner at Mbuyisa Moleele, said: “We are extremely disappointed by the judgement, which we consider to be fundamentally flawed.
“We remain committed to securing justice for the 140,000 women and children affected by lead poisoning in Kabwe and the communities have made their intention to appeal very clear,” they said.
In a 126-page judgment delivered on December 15, Judge Leonie Windell, of the Johannesburg High Court, said: “The applicants are seeking permission to advance an untenable claim that would set a serious precedent.
“The precedent is that a business can be held liable half a century after it has ceased operations, to generations yet unborn, as a result of being tested against future knowledge and standards unknown at the time.”
The lawsuit was filed South Africa because Zambia does not allow class action suits and lawyers are not allowed to act on a contingency fee basis.
The case was supported by a group of special rapporteurs of the UN, as well as Amnesty International. They argued that Anglo American’s opposition to the class action conflicted with the company’s own human rights policy and public commitment to corporate responsibility guidelines introduced by the UN in 2011.
David Boyd, special rapporteur on human rights and the environment, last year referred to Kabwe as one of the world’s most notorious “sacrifice zones”where local people were left to suffer the consequences of pollution they did not cause.
Richard Price, legal and corporate affairs director at Anglo American, said: “This claim was completely misconceived from the outset, both legally and factually.
“As we have said throughout, Anglo American has every sympathy with the situation in Kabwe, but we are not responsible for it,” he said. “We welcome the clarity and strength of the court’s decision to dismiss this claim as untenable.”
