The Kabwe Lead Poisoning Class Action: A case study in holding multinationals to account for historical wrongdoing 

Background 

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Leigh Day specialises in litigation against multinational companies, particularly in cases involving human rights abuses and environmental harms perpetrated by multinationals on the African continent.

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Mbuyisa Moleele is 100% black owned law firm based in Johannesburg, with experience in various fields of law including public interest law, civil litigation and family law.

 

The two firms have collaborated together for over 20 years, most notably in litigation in the UK against Cape plc on behalf of 7,500 South African asbestos miners suffering from asbestosis; the silicosis litigation in the South African courts brought by 4,385 former gold miners or relatives of deceased gold miners who contracted silicosis during their employment on mines operated by Anglo American South Africa and Anglo Gold Ashanti; and the Kabwe class action on behalf of thousands of children and women resident in the Kabwe district of Zambia who are believed to be suffering from lead poisoning.

 

The workshop will start with presentations on the history and current status of the Kabwe litigation, before moving on to discussing the wider implications of the case, as a way of enhancing access to justice for communities impacted by the operations of multinationals and how they can enforce their rights in courts where the multinational companies are domiciled. The workshop will be interactive, with video presentations, opportunities for Q&A and group discussion.

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The session will explore the themes of the Forum, namely how the Kabwe class action provides access to remedy by pursuing multinationals in their home countries, the responsibility of corporations to provide adequate reparations for harmful legacies left behind by historical operations, and the precedential value that the case could set for responsible business conduct by multinationals operating in Africa.

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Key Objectives

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• Understand the Kabwe case: Provide a concise background to the case, including its legal, historical, and environmental context.

• Explore legal and ethical accountability: Examine the role of multinational corporations in historical harm and their obligations to provide remedy.

• Assess the role of civil society: Highlight how NGOs and community groups have supported victims in seeking justice.

• Discuss broader implications: Reflect on how the Kabwe case sets an example of addressing historical injustices.

 

Guiding Questions

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• What lessons does the Kabwe case offer for addressing historical corporate harm in Africa?

• What are the responsibilities of multinational corporations in providing access to remedy?

• How can access to justice be improved for affected communities in Zambia and similar contexts?

• What is the precedential value of the Kabwe case for future litigation and advocacy?

• How can civil society actors collaborate more effectively to support victims and effect change?

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Background to the Discussion

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Tens of thousands of children and women of child-bearing age in Kabwe, Zambia have been poisoned by lead left behind by the Kabwe Mine, formerly known as the Broken Hill Mine (‘the Mine’), which was within the Anglo- American Group for almost 50 years. Victims of this poisoning have now brought class action proceedings against Anglo American South Africa Limited (‘AASA’) in the Johannesburg High Court on behalf of an estimated 140,000 women and children. They are claiming compensation for their injuries, the costs of monitoring their blood lead levels and the costs of cleaning up their home environment.

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The case has been filed in the South African courts where the head office of AASA is based. It is alleged that from 1925 to 1974, AASA played a key role in controlling, managing, supervising and advising on the technical, medical and safety aspects of the Mine’s operations and that it failed to take adequate steps to prevent lead poisoning to the surrounding communities and ensure clean-up of contaminated land.  The case was filed in 2020 and AASA – who claim that they act responsibly towards communities in which they operate – challenged the certification in an attempt to deny the Kabwe claimants access to justice and a fair hearing.  In December 2023, the Johannesburg High Court dismissed the application to certify the class action. In April 2024, permission to appeal this decision to the Supreme Court of Appeal was granted. The appeal will be heard on 3 and 4 November 2025.

 

Additional background documents

Website of the class action: www.childrenofkabwe.com . Key sections:

“About the class action” – background to the legal case

“Health impact of lead” – information on lead poisoning and key medical research

“Court Filings” – key court filings in the class action