Justice for the mining community in Kabwe, Zambia.

After decades of mining in their community, 140,000 people are seeking justice against one of the world’s largest mining companies. 

Justice for the mining community in Kabwe, Zambia

Background

Kabwe, Zambia was home to a lead mining and smelting operation for almost 90 years, starting in 1906 while the country was under colonial British rule. Between 1925 and 1974 the mine was controlled by Anglo American South Africa, a subsidiary of Anglo-American plc. Allegedly, during that time AASA failed to safely manage the mine, which resulted in massive lead pollution of the local area, poisoning local residents over the subsequent decades – a risk that Anglo American had allegedly foreseen but failed to prevent. To date, Anglo-American does not appear to have done anything to ensure or facilitate the clean-up of the lead contamination.

Today, Kabwe region is one of the most lead-polluted sites in the world, with some areas containing lead soil levels of over 3000 mg/kg (the US EPA limit is 400 mg/kg). Average base levels of lead in children in the communities situated closest to the mine have been found to be more than 10 times higher than this limit.

Lead poisoning is a condition that can cause serious and permanent physical damage to bodily organs, the neurological system and fertility. Even at low levels lead can affect children’s brain development resulting in reduced IQ, behavioural changes such as reduced attention span and increased antisocial behaviour and reduced educational attainment. International standard-setting bodies, including the WHO and the US CDC conclude that there is no safe level of lead in the blood.

South African attorneys, Mbuyisa Moleele Attorneys, in collaboration with London-based human rights lawyers, Leigh Day, have filed a class action lawsuit against Anglo American. The lawsuit alleges that the company failed to prevent massive amounts of lead pollution that has poisoned generations of pregnant women and children (between 1924-1974) when it was closely involved in operations at the mine in Kabwe, northern Zambia.

The case is being brought by 13 claimants on behalf of some 140,000 Zambian people. The class action seeks compensation for children and women under 50 who have been poisoned or may become pregnant while the contaminated soil remains a risk. The cost of remediation of homes and of future blood lead screening is also claimed. It is hoped that the class action will lead to the establishment of a blood lead level screening system for children and pregnant women in Kabwe, and the clean-up and remediation of the area to ensure the health of future generations is not jeopardised.

Anglo American is opposing the lawsuit, a stance which appears to put it in conflict with the UN General Principles on Business and Human Rights. As a company that actively promotes its commitment to Human Rights and its role as a “responsible mining company”, standing in the way of a community’s right to access justice is questionable.

In January 2023, a court in South Africa heard the case for certification. Illegal and a significant setback, the South Gauteng High Court in Johannesburg denied certification. But despite the setback, the claimants, represented by Mbuyisa Moleele Attorneys and Leigh Day, appealed the decision and this appeal was granted.

This case highlights a critical issue in the global discourse on Environmental, Social, and Governance (ESG) standards, bringing into question the responsibilities of multinational corporations in addressing the environmental and health impacts of their operations.

The campaign

Action for Southern Africa (ACTSA), Corporate Justice Coalition (CJC), London Mining Network (LMN) and Rights and Accountability in Development (RAID) have come together to bring the case to the attention of the public and Anglo-American shareholders, calling for them to recognize the applicants’ right to justice.

Find out more

We’d love your help to raise the profile of the campaign to put pressure on governments and multilateral institutionsto take notice and take action. Please do this by sharing our social posts or recent publications, or joining one of our events.

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