South African court throws out Kabwe lead-poisoning case against Anglo American mining

Massive class-action case over the hazardous mining legacy at Broken Hill, Zambia, between 1925 and 1974, is dismissed by a South African court.

A South African court has dismissed a case brought against multinational mining company Anglo American on behalf of 140,000 Zambian women and children who allege they have suffered lead poisoning from one of its mines. The lawsuit, one of Africa's most prominent class-action cases, was filed in October 2020 and accused Anglo American of negligence over its alleged failure to prevent widespread lead poisoning in the Zambian town of Kabwe. The South African subsidiary allegedly played a crucial role in running a large mine from 1925 until 1974. Lawyers representing the women and children from the South African firm Mbuyisa Moleele and the UK-based Leigh Day, which brought human rights and personal injury cases, said they would appeal against the judgment.

The Kabwe lead mine reportedly contributed to extensive environmental pollution in towns and communities living in the vicinity. Medical studies have shown children from Kabwe have record-high levels of lead in their blood, which can cause health problems ranging from learning difficulties to infertility, brain damage, and, in some cases, death. Anglo American has denied responsibility for the lead poisoning.

The lawsuit was filed in South Africa because Zambia does not allow class-action cases, and lawyers are prohibited from acting on a contingency fee basis. The case was supported by a group of UN special rapporteurs and Amnesty International, who argued that Anglo-American's opposition to the class action was contrary to the company's human rights policy and publicly stated commitment to corporate responsibility guidelines introduced by the UN in 2011.