Zambian lead poisoning claim against Anglo American to be heard at Supreme Court of Appeal in South Africa

The appeal will be heard on 3 and 4 November 2025 in Bloemfontein, and will look to overturn an earlier judgment that dismissed the class action certification.

The legal action is being brought against Anglo American South Africa (AASA), a wholly-owned subsidiary of London headquartered Anglo American Plc.

Kabwe was an Anglo American mine from 1925 to 1974. It is alleged that its operations have poisoned generations of local people and that the proposed class action will comprise an estimated 140,000 women and children who have sustained lead poisoning. Kabwe mine doctors' reports from the early 1970s reported the deaths from lead poisoning of several children, massive levels of lead in the blood of local children and widespread lead pollution of the local environment by the mine. 

Experts on behalf of the claimants also gave evidence that it was known from the 1950s that unless remediated, lead would remain in the environment long term and consequently that the risk of lead poisoning to future generations should have been understood by Anglo American.

Anglo American argues that it adhered to standards that were acceptable at the time, and says that the risk to future generations could not have been foreseen. AASA also argues that it was not the owner or operator of the mine and was only minor investor, a point that the claimants contend is legally irrelevant. 

The case has been filed in South Africa where AASA is based. The claimants argue that a class action mechanism is crucial to their right to access to justice and that this mechanism is not available in Zambia. 

After the class certification application was rejected in December 2023, the Johannesburg High Court granted permission to appeal the decision in April 2024. The appeal will now be heard at the Supreme Court of Appeal on 3-4 November 2025.

If the appeal succeeds, the claimants will be able to proceed with their class action against AASA. 

The Kabwe claimants are represented by South African law firm Mbuyisa Moleele Attorneys, with UK law firm Leigh Day acting as consultants.