Zambian community class-action: The Kabwe community appeal heard by South Africa’s Supreme Court of Appeal

ACTSA statement on the 3-4 November appeal hearing for the Kabwe community class-action against Anglo American for lead pollution in Kabwe, Zambia. Between 3-4 November 2025, the South African Supreme Court of Appeal (SCA) in South Africa heard a certification appeal in the case of Kabwe and Others v Anglo American South Africa. The court heard that over 100,000 people affected by lead poisoning in Kabwe could not access justice for the harms they have endured for over 50 years unless the class action is certified, meaning it can proceed to a full trial where all the evidence is examined. Following an initial hearing in 2023, where the certification was refused, the representatives for the Kabwe residents needed to demonstrate that they have a triable case against Anglo American on the key issues. These include that Anglo knew about the dangers to local community and knew or should have known about the dangers to future community and that it failed to prevent the pollution or clean it up. Responding to these points, the representatives argued that Anglo was negligent on at least five different grounds; and that the assessment for certification should not be treated as a ‘mini-trial’, because such an approach only serves the interest of the more powerful party: Anglo American.

ACTSA — 2025-11-20

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