Attorney General seeks to join US$80 billion environmental lawsuit against mining firms
Attorney General seeks to join US$80 billion environmental lawsuit against mining firms
The Attorney General has asked the Lusaka High Court to join an US$80 billion lawsuit against Sino Metals Leach Zambia Limited and NFC Africa Mining Limited, saying the case raises issues of significant public interest and could have implications for the State
The application follows a petition filed by Peter Shula and 175 households from Kalusale in Chambishi, Kalulushi District, who are seeking compensation for alleged environmental damage following the collapse of a mine tailings dam on 18 February 2025.
The petitioners claim the incident caused widespread pollution, destroying crops and contaminating soil and water sources
They further allege that the pollution infringed their constitutional rights, including the rights to life, freedom of movement, freedom of association and protection from inhuman or degrading treatment.
In an affidavit supporting the application, Solicitor General Marshal Muchende said the State had a direct interest in the proceedings because the petition makes extensive reference to government ministries and agencies involved in addressing the environmental incident.
“The State has an interest in the matter herein and is likely to be affected by the outcome or decision of this honourable court, thus the need to join the Attorney General as a party to the proceedings,” Mr Muchende said.
The application relies, among other things, on an incident status report by the Zambia Environmental Management Agency (ZEMA), which estimated that about 75% of the leach residue from the tailings facility was discharged into the environment.
According to the affidavit, the discharge affected maize and groundnut fields belonging to local communities.
ZEMA subsequently directed Sino Metals to undertake clean-up operations and assess biodiversity restoration in the Lusale Stream, Mwambashi River, Kafue River and other affected areas.
The affidavit also refers to statements from the Ministry of Green Economy and Environment which attributed the pollution to the failure of the tailings containment facility.
The facility allegedly released acidic effluent containing high concentrations of heavy metals into the Mwambashi River.
Mr Muchende told the court that Sino Metals had publicly acknowledged the environmental incident, apologised and indicated that it was working with government agencies to compensate affected communities and restore the environment.
He argued that the case should be regarded as a matter of public interest because its outcome could have consequences for the State and the government’s role in environmental protection and restoration.
The Solicitor General further argued that joining the Attorney General as the intended third respondent would not prejudice any of the parties involved.
The court is being asked to allow the Attorney General to participate in the proceedings as a party to the case.
-Nkanionline 2026