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Case title | Kabwe children and women vs Anglo-American South Africa Limited |
Country where the conflict/incident took place | Zambia |
Country where the case is being litigated | South Africa |
Year of initiation of proceedings | 2020 |
Case reference number | Case No: 2020/32777 |
Status of case
| Pending appeal before the Supreme Court of Appeal of South Africa |
Category | Healthy environment |
Plaintiffs | Approximately 140,000 Zambian children and women Various UN agencies and human rights groups intervened as Amici Curiae, in favour of the plaintiffs’ request for class action certificate, including:
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Defendants | Anglo American South Africa Limited (‘AASA’) |
At issue | Lead contamination affecting children under 18 and women of childbearing age. The claimants seek compensation for current and future health impacts, costs associated with remediation of homes, and the establishment of future blood lead screening programs |
References | South Africa High Court, Johannesburg, decision of December 14, 2023 [2023] ZAGPJHC 1474 Children of Kabwe website Leigh Day website |
Initiation of proceedings: In October 2020 a class action lawsuit was initiated before the Johannesburg High Court on behalf of approximately 140,000 Zambian children and women of childbearing age, against Anglo American South Africa Limited (‘AASA’).
AASA is wholly owned subsidiary of the multinational mining company Anglo American PLC (headquartered in London, UK) and holds all the South African assets of the Group.
Main claims: The lawsuit alleges that AASA, during its ownership and operational oversight of the Mine (formerly Broken Hill) from 1925 to 1974, inadequately managed lead emissions, resulting in widespread lead contamination affecting children under 18 and women in Kabwe District, Zambia. The claims seek compensation for current and future health impacts, costs associated with remediation of homes, and the establishment of future blood lead screening programs. This legal action asserts negligence on AASA’s part for not sufficiently mitigating the health risks known to be associated with lead exposure in the local community.
Court decisions: In December 2023, the Johannesburg High Court dismissed the application for class action certification. The court’s decision was based on the lack of factual evidence linking Anglo to the alleged harms in Kabwe and the legal inability to establish foreseeability of harm to future generations. The case was deemed factually and legally flawed, making it untenable to proceed as a class action that would set a grave precedent.
On April 19, 2024, the Johannesburg High Court granted permission to appeal the December judgment, recognizing a reasonable prospect of success on at least one ground of appeal and citing matters of public importance and constitutional rights.
The Appeal before the Supreme Court of Appeal of South Africa is pending.
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