Tag Archives: Zambia

Zambian government ‘divorces’ Vedanta

Miners unions demonstrate in Chingola in support of the government’s decision

28th June 2019. On the 20th of May, following weeks of protests and riots which had briefly brought tanks into Chingola, Zambia’s President – Edgar Lungu – announced his government’s intention to liquidate Konkola Copper Mines in order to ‘divorce’ Vedanta Resources as the majority shareholder and seek a new investor.

Miners and residents of Chingola in the Zambian Copperbelt had taken to the streets in anger about unpaid wages and conditions at KCM, despite being denied a police permit applied for by Nchanga Member of Parliament Chali Chilombo to stage a peaceful protest. This was the culmination of negative public opinion which had been building up against KCM for many years, and especially since mass layoffs of employees in 2013 and 2015 and outsourcing of labour.

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Landmark jurisdiction case won by Zambian farmers at Supreme Court

The Supreme Court today announced its verdict in the landmark case of the Zambian communities consistently polluted by Konkola Copper Mines (KCM), a subsidiary of British miner Vedanta Resources Plc, allowing them to have their case against the parent company and its subsidiary tried in the UK. The ruling sets a strong legal precedent which will allow people with claims against subsidiaries of British multinationals to sue the parent company in the UK.

The judgment by Chief Justice Lady Hale, and four further judges, re-affirms the rulings of the Court of Technology and Construction in 2016 and the Court of Appeal in 2017. Lady Hale refused Vedanta’s pleas in appealing the former judgments stating that, contrary to the claims of Vedanta’s lawyers:

  • the claimants do have a bona fide claim against Vedanta
  • the company does owe a duty of care to the claimants, especially in view of the existence of company wide policies on environment and health and safety.
  • that the size and complexity of the case, and the lack of funding for claimants at ‘at the poorer end of the poverty scale in one of the poorest countries of the world’ means that do not have substantive access to justice in Zambia.
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Can Zambian claimants get justice in the UK Supreme Court?

Report on the Supreme Court appeal hearing in the case Lungowe vs Vedanta, 15 – 16 January 2019.

This report follows our previous detailed write up of the Court of Appeal hearing, entitled ‘Police this gateway‘.

Court room 1 of the British Supreme Court was packed with journalists, solidarity activists, law students and other observers over the two day hearing, sitting in rows behind the legal benches. Each law firm was represented by two or three QCs as well as five or so advising lawyers sitting in the second row. In front of them five judges were seated behind a semi circle bench facing the rest of court. The ornate and grand stone building of the Supreme Court is located directly opposite the Houses of Parliament across Parliament Square. The court room itself is high ceilinged, with large stained glass windows, paintings of historic judges and extremely ornate carved stone and woodwork throughout the walls, ceilings and benches.

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Supreme Court hears landmark jurisdiction case against Vedanta

Foil Vedanta vigil outside the Supreme Court

The latest hearing in the case of the Zambian communities consistently polluted by Konkola Copper Mines (KCM), a subsidiary of British miner Vedanta, was heard at the British Supreme Court on 15th and 16th January 2019. A vigil organised by solidarity organisation Foil Vedanta took place outside the court throughout the event in solidarity with the victims of ongoing pollution who have been fighting legal battles for justice in Zambia, and now the UK, for twelve years.

See press coverage in The Lusaka Times, The Guardian, New York Times, The Hindu, Mining MX, Zambia reports, CNBC, Morning Star, Left Foot Forward, Environews Nigeria and Business Day.

A short video from the court can be found here.

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Make Pollution Political -1826 Zambian claimants Demand Justice in Supreme Court, London

On 15th and 16th the Zambian communities consistently polluted by the subsidiary of British mining company Vedanta Resources will have their case heard at the Supreme Court in London, and we need your help to rally in solidarity outside and inside the court room, to send a clear message that we will not stand for this British company’s complete disregard for human rights and environment.

  Join us

Please join us to protest outside the court from 9.30am – 10.15am on Tues 15th and Weds 16th January and demand justice for the claimants!

All are welcome to attend the case for any period of time on either day. Your solidarity will be strongly felt!

 
Hearings are 10.30 AM- 4 PM, Tuesday and Wednesday, 15-16 January 2018.
Supreme Court
Little George Street
Westminster
London SW1P 3BD

Vedanta will attempt to overturn the High Court and Court of Appeal rulings which held that the case of 1,826 polluted farmers against the company and its subsidiary Konkola Copper Mines could be heard in the UK instead of
Zambia. The case could represent a precedent in UK law, as, if a duty of
care is found to be owed by Vedanta towards the claimants, this would be the first reported case in which a parent company would have been held to owe a duty of care to a person affected by the operations of a subsidiary who is not an employee of the subsidiary. Therefore this is an important
day for all communities affected by the crimes of UK multinationals who
have hitherto been denied justice in British courts.

Continue reading Make Pollution Political -1826 Zambian claimants Demand Justice in Supreme Court, London