South African Court Dismisses Kabwe Lead-Poisoning Case Against Anglo American Mining
A recent ruling by a South African judge has reverberated across the African continent, signaling a setback for 140,000 Zambian women and children seeking justice over alleged lead poisoning.
The case, brought against multinational mining giant Anglo American, accused the company of negligence regarding the rampant lead poisoning in Kabwe, Zambia, stemming from mining activities conducted between 1925 and 1974.
The lawsuit, among Africa’s largest class-action cases, was a culmination of efforts by legal representatives from South Africa’s Mbuyisa Moleele and the UK-based Leigh Day, renowned for championing human rights and personal injury cases.
This legal battle, initiated in October 2020, aimed to hold Anglo American accountable for the alleged environmental catastrophe wrought by its subsidiary’s operations in Kabwe.
The former Broken Hill mine, now known as the Kabwe lead mine, was at the center of this controversy. Reports suggest that the mine’s activities led to extensive environmental degradation in the surrounding towns and communities, impacting generations with alarming levels of lead in their bloodstreams.
The health consequences of lead poisoning are dire, ranging from learning disabilities to severe neurological impairments and, tragically, even death.
However, Anglo American vehemently denies any responsibility for the lead poisoning, a stance echoed in the recent court ruling.
In a landmark 126-page judgment delivered on December 15, Justice Leonie Windell of the Johannesburg High Court dismissed the case, citing its legal untenability and potential to set a concerning precedent.
Justice Windell noted that holding a business accountable half a century after its operations ceased, based on standards unknown at the time, could create a problematic legal precedent.
The legal battle, filed in South Africa due to Zambia’s constraints on class-action lawsuits, was backed by a group of UN special rapporteurs and Amnesty International.
They contended that Anglo American’s resistance to the class action contradicted its own human rights policies and its commitment to UN corporate responsibility guidelines.
Anglo American’s legal and corporate affairs director, Richard Price, maintained the company’s stance, asserting the claim was legally and factually misconceived. He expressed sympathy for the situation in Kabwe but reiterated that Anglo American bore no responsibility for it.
While this legal setback is significant, the legal representatives for the affected individuals have vowed to appeal the judgment, signaling an ongoing pursuit of justice for the communities impacted by the tragic aftermath of lead poisoning in Kabwe.
This ruling’s implications resonate beyond the specific case, sparking debates around corporate accountability, the statute of limitations for environmental damages, and the complexities of seeking justice across international borders in cases of historic environmental harm.
As the affected communities and their legal representatives gear up for the appeal, the pursuit of justice remains an enduring and critical endeavor.
SOURCE:.theguardian.com
