At this time we’re speaking about Chilekwa Mumba, a Zambian Environmentalist who fought UK primarily based Vedanta Sources and gained. Vedanta Sources owned Konkola Copper Mines within the Copperbelt Province of Zambia. Earlier than we get began on why our former colonial powers nonetheless function mines in Africa, let’s first speak about this courageous Zambian.
The residents of the villages surrounding Chingola, Zambia struggled with recurring well being points and lifeless fish floating of their water provide, owing to excessive ranges of air pollution, perpetrated by the Konkola Copper Mines. So Chilekwa Mumba organized a lawsuit to carry the mine’s guardian firm, Vedanta Sources, accountable. Chilekwa’s victory within the UK Supreme Courtroom set a authorized precedent—it was the primary time an English courtroom dominated {that a} British firm could possibly be held responsible for the environmental injury brought on by subsidiary-run operations overseas. This precedent has since been utilized to carry Shell International—one of many world’s 10 largest firms by income—responsible for its air pollution in Nigeria.
In accordance with Enterprise Insider Africa, Zambia is without doubt one of the largest producers and exporters of copper in Africa. Some 77% of the nation’s exports come from the mining trade and 25% of presidency income is from mining royalties and taxes. The Konkola Copper Mines (KCM) is without doubt one of the largest mining operations in Zambia and the nation’s single largest employer.
KCM’s Nchanga copper mine is situated simply exterior of Chingola metropolis limits within the Copperbelt Province, with an operation that spans 11 sq. miles alongside the Kafue River. The mine advanced contains an open-pit mine, underground mines, a smelter, a sulfuric acid plant, a tailings leach plant, and a refinery. The open-pit mine—the second largest on this planet—is seven miles lengthy.
In 2004, Vedanta Sources, an organization headquartered within the UK, acquired the controlling stake over KCM. After Vedanta’s takeover, residents of 4 native villages—Shimulala, Kakosa, Hippo Pool, and Hellen—seen contamination within the Kafue River and its tributaries. The river started emitting foul odors and fish have been dying on the riverbanks. Copper, iron, cobalt, and dissolved sulfates have been current within the water far past authorized limits, and, in 2006, the river turned vivid blue from copper sulphate and acid air pollution.
In 2011, an inner firm letter from a medical physician said that the water within the Kafue River and native aquifers was not secure for human consumption. The native water provide, all the way down to the water desk, had change into severely contaminated from poisonous waste spills and discharges of effluent into the river and its tributaries. Native residents relied upon the river water for consuming, bathing, livestock, and crop irrigation. On account of years of contamination, crop yields have been decimated, animals have been sickened, and villagers suffered from complications, nostril bleeds, rashes, stomach ache, blood in urine, and burns.
Residents took KCM to courtroom in Zambia in 2006 however, after years of litigation, have been unsuccessful in holding the corporate accountable for its devastating air pollution.
38-year-old Chilekwa Mumba, a neighborhood organizer grew up in Chingola, within the Copperbelt Province. When he realized of the widespread contamination and injustice occurring in Chingola, he felt an acute duty to guard the neighborhood and atmosphere of his childhood.
Having grown up in Chingola, Chilekwa was deeply involved in regards to the environmental injury from Vedanta’s takeover of KCM. After the Zambian courtroom failed to carry KCM accountable, he determined to spearhead authorized motion in opposition to Vedanta within the UK.
In 2015, Chilekwa reached out to Leigh Day, a UK-based legislation agency, and persuaded its attorneys to go to and, finally, tackle a lawsuit to carry Vedanta legally accountable within the UK. Whereas no UK guardian firm had ever been held responsible for environmental damages brought on by a subsidiary, he satisfied Leigh Day’s legal professionals to problem the authorized protect UK corporations used to keep away from legal responsibility for his or her abroad operations.
From 2015 to 2021, in the course of the authorized buildup, Chilekwa served as a facilitator between the Chingola communities and Leigh Day legal professionals. He organized conferences with villagers and the authorized workforce to elucidate the lawsuit course of and objectives, and to domesticate curiosity in collaborating within the case.
Chilekwa translated supplies for non-English audio system and gathered info on how every of the two,000 villagers who participated within the lawsuit have been affected by the mine’s air pollution. Because the lawsuit moved slowly by means of the UK Excessive Courtroom, Courtroom of Enchantment, and Supreme Courtroom over almost six years, Chilekwa labored to reassure villagers who have been pissed off with the slowness of the authorized course of. When the corporate tried to dissuade residents from participating within the lawsuit, he helped persuade them to remain onboard.
Through the lengthy marketing campaign, Chilekwa and his companions have been harassed. In 2017, he and a lawyer with Leigh Day have been arrested at a public gathering whereas talking with villagers in regards to the lawsuit. Police arrived on the assembly in a KCM firm jeep.
In April 2019, the UK Supreme Courtroom discovered that Vedanta, because the guardian firm of KCM, owed villagers close to the mine an obligation of care, and Vedanta could possibly be held accountable in UK courtroom for environmental injury from the Nchanga copper mine’s operations. This ruling meant that the corporate couldn’t escape legal responsibility for environmental injury brought on by a subsidiary. In 2021, Vedanta settled with almost 2,000 folks from the 4 villages close to KCM; villagers acquired undisclosed monetary compensation from Vedanta for the air pollution that devastated their lives and atmosphere.
The Vedanta case is already being utilized in UK courts as authorized precedent. In February 2021, the UK Supreme Courtroom allowed a gaggle of 42,500 Niger Delta residents to sue Shell International within the UK for years of oil spills that contaminated their land and groundwater, rejecting Shell’s arguments that its Nigerian subsidiary held legal responsibility.
In 2019, the Zambian authorities positioned KCM in liquidation and operations have been taken over by the liquidator. Locals report that spills and discharges from the mine have stopped. Chilekwa’s authorized victory held Vedanta responsible for the grievous hurt its environmental air pollution precipitated the villagers close to the Nchanga mine. Let’s get the British out of Africa, they’ve profited sufficient already.