South Africa’s Supreme Court of Appeal has begun hearing a landmark case against mining giant Anglo American, as Zambian communities seek accountability for decades of lead contamination in Kabwe — a mining town long regarded as one of the world’s most polluted places.
The appeal comes after the Johannesburg High Court dismissed an earlier bid to certify the class action, ruling that the case would be “unmanageable.” The Centre for Child Law, representing thousands of children and women of child-bearing age in Kabwe, argues that the High Court failed to adequately consider the best interests of the child, a key principle in South African and international human rights law, Independent Online reported.
According to the publication, the class action alleges that Anglo American’s historic mining operations in Kabwe, conducted between 1925 and 1974, caused extensive environmental damage and chronic lead poisoning among residents. Lead exposure, even at low levels, can cause irreversible neurological and developmental harm, particularly in children.
According to health and environmental studies, Kabwe’s soil and water remain dangerously contaminated, with some areas recording lead concentrations more than 10 times the recommended safety limit. Many families still live in homes built near old mine waste dumps, and children continue to test with elevated blood lead levels, a situation local activists have described as a “silent public health disaster.”
Anglo American, soon to be headquartered in Canada following a mega merger with Teck Resources, but historically rooted in South Africa, has rejected responsibility for the crisis. The company reportedly argued that it held only a minority share in the Kabwe mine during the relevant period and did not control its operations. It said the Zambia Broken Hill Development Company, later nationalised as ZCCM, was the operator and remains liable for the mine’s environmental legacy.
While expressing sympathy for Kabwe residents, Anglo American maintains that it cannot be held responsible for pollution that persisted long after it ceased involvement in the mine.
The case has drawn international attention for its potential to expand corporate accountability across borders. Legal experts say the outcome could shape how multinational companies are held responsible for environmental damage and human rights abuses linked to their historical operations in developing countries.
A 2019 Human Rights Watch report, “We Have to Be Worried – The Impact of Lead Contamination on Children’s Rights in Kabwe, Zambia,” highlighted the devastating health effects of exposure and called for urgent remediation. The report has been cited by both sides: by claimants as evidence of ongoing harm, and by Anglo American in support of its argument that it did not cause the current state of pollution.
The Centre for Child Law said the case raises profound questions about justice for communities in Africa affected by extractive industries, especially where environmental damage has outlived the corporations that once profited from it.
“The best interests of the child, and the right to a clean and safe environment, must be central to this case,” the Centre told the court.
The outcome of the appeal could pave the way for one of Africa’s largest environmental class actions, potentially setting a precedent for how global corporations are held to account for their legacy of pollution and harm.
