Lawyers representing thousands of women and children allegedly suffering from lead poisoning in Zambia are pushing for the right to bring a class action lawsuit against mining giant Anglo American, following a two-day hearing at South Africa’s Supreme Court of Appeal this week.
The legal team is seeking to overturn a December 2023 ruling that dismissed efforts to sue the British-based mining company over pollution in Kabwe, a town located 150 km north of Zambia’s capital, Lusaka.
Kabwe has been described by Human Rights Watch as one of the most lead-polluted places in the world. Despite the closure of the lead mine in 1994, toxic contamination remains embedded in the soil and dust throughout the area. The mine operated under Anglo American’s ownership from 1925 to 1974.
According to lawyers representing the claimants, approximately 140,000 women and children have been affected by lead poisoning in the region.
During the appeal hearing, lawyers for the affected communities argued that the “most likely” source of the pollution was lead “discharged under Anglo’s watch.”
“Anglo knew about the dangers of lead to the local community and knew or should have known of the dangers to future communities in Kabwe,” the legal team stated. “Anglo failed to prevent or remediate the lead pollution that it caused.”
However, Anglo American South Africa’s legal representatives countered that responsibility lies with the Zambian state-owned company that assumed control of the mine in 1974. They argued that the harm to current generations could not have been foreseen when Anglo American was involved with the mining operation.
The severity of the ongoing health crisis was highlighted in a March report by Human Rights Watch, which found that more than 95% of children living near the former mine site have elevated blood lead levels. Approximately half of these children require urgent medical treatment.
The appeal court is expected to deliver its decision between February and June 2026. Legal experts view this case as potentially setting a significant precedent for corporate accountability, particularly regarding environmental damage caused by multinational companies in developing nations.
The outcome could influence how courts handle similar cases involving historic pollution and the long-term responsibility of corporations for environmental damage in their former operations.
