The UK Supreme Court has concluded that a case being brought against a Zambian mining company is to be heard in the English High Court as opposed to the Zambian courts, as its parent company is based in the UK.
Almost 2,000 Zambian villagers, represented by Leigh Day Solicitors, have brought a class action against the Konkola Copper Mines (KCM) company, a subsidiary of UK company Vedanta Resources PLC. The claimants allege that due to the toxic discharge and waste emanating from the Nchanga copper mine that is operated by KCM, and the subsequent damage to the land and waterways in the area, they have suffered greatly in terms of ill health, access to clean water and loss of income and livelihood.
Seeking compensation, remedial action and an end to the environmental damage inflicted by KCM, the claimants had pushed to have their case brought through the UK courts as they believed the Zambian legal system would not be able to offer adequate support for such a claim, which could impede the course of justice.
Proceedings were originally filed in the UK High Court, which was disputed by KCM and Vedanta as they asserted that the UK had no jurisdiction to make a ruling. The case was brought before the Court of Appeal, which ruled in favour of the claimants. This decision was appealed to the Supreme Court, which has now determined that the UK has the jurisdiction to hear the case as the concerns expressed by the claimants regarding the ineffectuality of the Zambian courts to be valid.
The Supreme Court found that as the parent company of KCM, Vedanta ultimately had accountability over the mine’s activities, and responsibility for the upholding of environmental standards and controls. Due to Vedanta having their base of operations in the UK, it was judged that claims made by the Zambian villagers could be heard in the UK High Court.
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