Friday, April 19, 2024

Vedanta tells top English court KCM pollution case should be heard in Zambia


Environmental activists from Foil Vedanta hold a banner outside the Supreme Court in London, demanding justice for pollution by a British copper mining company in Zambia Photo-Samarendra Das-Foil Vedanta
Environmental activists from Foil Vedanta hold a banner outside the Supreme Court in London, demanding justice for pollution by a British copper mining company in Zambia Photo-Samarendra Das-Foil Vedanta

Lawyers for Vedanta Resources told England’s Supreme Court on Tuesday that a case raised against the mining company by nearly 2,000 Zambian villagers should be heard in Zambia not London.

India-listed Vedanta, which delisted from London last year but maintains a legal base in Britain, is appealing a lower court ruling that a case in which villagers alleged their land was polluted by a Vedanta unit could be heard in England.

The two-day hearing will be watched by other multinational companies with a base in London and facing legal challenges about their operations abroad from local residents.

England’s highest court is not expected to deliver a judgment for several weeks, court officials said.

Vedanta’s legal team argued that Zambia was the “natural forum” for the case and said the parent company did not control operations in Zambia, which were governed by Zambian law.

In 2017, London’s Court of Appeal had found that 1,826 Zambian citizens living on the Copperbelt had the right to sue Vedanta in the English courts.
Vedanta is challenging this.

The villagers allege their land and livelihood have been destroyed by water pollution caused by the Nchanga Copper Mine, owned by Vedanta through its subsidiary Konkola Copper Mines.

London law firm Leigh Day has argued that the English courts were the only route for the villagers to achieve justice.

Vedanta’s barrister Charles Gibson QC told the court today that the farmers’ case was “deeply tiresome” and their “allegations have absolutely no substance.”

Mr Gibson said that Vedanta only agreed to provide KCM advisory services as an independent contractor and that its management agreement showed Vedanta did not have capacity to control KCM.

Before the two-day hearing, Zambian campaigners George Mumbi and Esson Simbeye said their community has “suffered severe pollution of water sources ever since Vedanta took over the mines,” leaving the land “poisoned” and local people “very sick.”

“People used to think British mining companies were better, but Vedanta are one of the worst foreign investors in Zambia,” they said. “It is time that justice came home to roost in Britain.”

Vedanta’s case will also likely be watched by miner BHP, which has said it will fight an English suit by Brazilians seeking damages over an environmental disaster caused when the Fundao dam that stored mining waste burst in 2015.

Outside the court, action group Foil Vedanta was among those protesting against what they allege is pollution by Vedanta.

“While the financial and material gains from copper have been allowed to flow seamlessly out of the country, justice risks being restricted by economic and institutional barriers of territoriality,” Foil Vedanta campaigner Samarendra Das said in an emailed statement.

She said the company’s “remorseless pollution of the River Kafue since 2005 continues the colonial legacy of environmental racism which made the Copperbelt a global pollution hotspot.”

The villagers’ solicitor, Oliver Holland of Leigh Day, said: “Our clients continue to suffer from the effects of the pollution both on their health and their livelihoods.” He said Vedanta’s appeals had caused years of delay.

British Green Party MP Caroline Lucas expressed solidarity with the Zambian claimants. She lambasted “Vedanta’s irresponsible pursuit of profit,” saying: “When British corporations like Vedanta cause toxic pollution overseas, it’s absolutely right that they pay for the damage.”
The case continues and A verdict is expected in April.


    • @ Gundixy

      Are you trying to say that Government of the “host nation” which pays 1 M USD for fire truck costing 236,000 USD or spends USD 76 million on executive jet (G650ER) or spends millions on the first lady and her 20 odd jesters shopping trip to USA is “ignorant and weak”?

      If that is the case, how you will define electorate of that “host nation”?

  1. The people of Mufulira are made to inhale this everyday and no one in government cares. And this is a supposedly PF stronghold. Sulphur dioxide is very toxic and can harm the respiratory system.
    According to experts, Inhalation of sulphur dioxide can cause death. Can cause severe irritation of the nose and throat. At high concentrations: can cause life-threatening accumulation of fluid in the lungs (pulmonary edema). Symptoms may include coughing, shortness of breath, difficult breathing and tightness in the chest. A single exposure to a high concentration can cause a long-lasting condition like asthma.

  2. This is an embarrassment, even foreign corporations know our legal system won’t safeguard the health of its own people and will rule in their favor.

  3. When it suits them they say case must be heard in Zambia and not in London. Well this is very good and hope the London Courts rule in favour of Vedanta. Why do I say so? Well the Government of Zambia is considering revoking the mining license of Vedanta and therefore, using their own precedent set over this case they will have no where to run to the Intentional Course for refuge. After all the mines are based in Zambia and should therefore, be fought in the Zambian courts to try and get back their licenses. Food for thought

  4. What is the idea of many appeals for years in UK up to the highest court and wants the case to be heard back in Zambian courts

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