The South African High Court rejected Leigh Day and Mbuyisa Moleele's class action certification motion against Anglo American South Africa on behalf of Zambian claimants regarding lead poisoning in Kabwe. As stated by applicants, lead poisoning was a result of the mining activities of the company.
The court ruled that the applicants must pay Anglo American's costs incurred in responding to the application.
It was recognised that future claims would not be affected because the applicants' law firms and their backers had purchased insurance to cover such legal expenses.
The court acknowledged the numerous legal and factual deficiencies in the assertion and determined that permitting the class action to continue would not be in the best interests of justice.
“This claim was entirely misconceived from the outset, both legally and factually,” said Anglo American’s legal and corporate affairs director Richard Price.
“As we have stated throughout, Anglo American has every sympathy for the situation in Kabwe, but we are not responsible for it.”
Mathew Nyaungwa, Editor in Chief of the African Bureau, Rough&Polished
