Jurist Rights groups support Zambia residents in South Africa mining appeal

[Dadparvar]

Amnesty International and the Southern Africa Litigation Centre (SALC) intervened Monday on behalf of Zambian residents in an appeal in a South African mining case.

South Africa’s Supreme Court of Appeal is hearing the case, which concerns allegations of severe lead poisoning in Kabwe, Zambia, caused by British-owned mining giant Anglo American. Amnesty International and SALC emphasize in their submission that the appeals court must “consider international law, such as the global consensus on the corporate responsibility to respect human rights and the duty to provide effective remedies to victims even when abuses occur beyond national borders by multinational corporations.”

This case centers around generations of Kabwe residents who have accused Anglo American of conducting lead mining practices at the famous “Broken Hill” mine between the years of 1925 and 1974 that lead to “massive” levels of soil contamination.

Now, the appeals court will reconsider whether to certify the appellants’ class action suit. International Justice Cluster Lead at SALC, Dr. Atilla Kisla, emphasized the global impact the determination of this case will have, stating:

This case is about more than one class action or one community in Zambia. It is about whether South African corporations can operate abroad without being held to the same human-rights standards we demand at home. South African courts have the power to close this accountability gap and to ensure that victims, wherever they are, can access remedies when abuses are linked to South African companies[.]

The appellants originally brought their case to the lower court in Johannesburg in 2023, where their class action was denied because there was a lack of evidence that the petitioners had been poisoned. The court there stated that this was an “unmanageable class action suit” because each of the 140,000 plaintiffs would have to prove their health was affected by the lead mining.

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