Legal firm Mbuyisa Moleele and UK counterpart Leigh Day have filed further evidence in the Gauteng High Court (Johannesburg) in an attempt to convince it that Anglo American SA should face a class action case in this country for lead poisoning that took place in Kabwe, Zambia.
It is the first time a firm has asked a South African court to certify a class action against a South African company for alleged actions that took place elsewhere. Because Zambian courts do not permit class actions, Leigh Day, which is funding the action, has chosen to fight the case in SA.
Business Day reports that the contamination allegedly occurred at a now defunct Zambian mine, and the two law firms argue that Anglo American SA, which provided technical and other services to the mine, knew about the poisoning at the time. High lead levels had been observed in the area for decades. The law firms have filed new evidence arguing that Anglo SA knew in the 1970s that children around the mine were suffering from lead poisoning. They are seeking compensation for more than 100,000 women and children they say suffered from lead poisoning, as well as the costs of a clean-up operation.
“Anglo’s attempt to blame its successor, ZCCM, for the present lead contamination, does not stack up,” the legal firms said in a statement, according to a Moneyweb report. “It is contradictory for Anglo to argue, on the one hand, that elevated soil and blood lead levels are not due to the mine and, on the other hand, to accuse ZCCM of ‘recklessness and neglect’ over its handling of the mining operations and failure to clean up.”
Moneyweb reports Anglo as saying the operator was Zambia Broken Hill Development Company and while it provided services, “at no stage it owned or operated the mine”. Anglo is opposing the certification of the class action on the grounds that it has no case to answer as it did not own or manage the mine.
BusinessDay Pressreader article – Lawyers file more evidence against Anglo (Open access)
Moneyweb article – Zambia lead poisoning victims seek court approval for Anglo case (Open access)
See more from MedicalBrief archives:
Anglo American seeks more documents in Zambian mine lead poisoning action
Anglo American ‘knew of lead danger’ at Zambian mine
Class action settlement reached for miners with silicosis and/or TB