A London court has ruled in favor of a community in Africa’s second largest copper producer, Zambia, that sought the right to sue Vedanta resources over alleged pollution 4 years ago. The UK Supreme Court ruled.
The landmark judgement entails that communities in other jurisdictions could reference similar cases to obtain redress in the United Kingdom against large multinationals.
A group of inhabitants of a Zambian community had in 2015 accused Vedanta’s subsidiary Konkola Copper Mines – KCM of polluting their water supply which also contributed to a deteriorated farm land space. These inhabitants that resided near the huge KCM owned Nchanga Copper Mine – NCM, accused Vedanta of emptying sulphuric acid and other toxics in the Kafue river and Mushishima streams nearby.
The fight was centered on the right to seek compensation in British courts for over 4 years which Vedanta argued that the case be heard in Zambia.
The UK Supreme Court however ruled in favor of the weaker party’s being the Zambian community dwellers citing “the problem of access to justice” and thereby nodding commencement of the case in a UK court.
Vedanta said: “The judgment of the UK Supreme Court is a procedural one and relates only to the jurisdiction of the English court to hear these claims. It is not a judgment on the merits of the claims.
“Vedanta and KCM will defend themselves against any such claims at the appropriate time.”
I hope this judgment will send a strong message to other large multinationals that their Corporate Social Responsibility Policies should not just be seen as a polish for their reputation but as important commitments that they must put into action.
Martyn Day, senior partner at law firm Leigh Day
Vedanta currently grapples with complaints and legal suits across the globe to include another in India’s Tamil Nadu state, where a Vedanta-owned copper smelting plant was shut citing environmental damages in 2018.