At the end of the 12-day hearing that opened on 20 January, the Court will decide whether to certify this unprecedented class action demanding that
Amnesty Internationaland theSouthern Africa Litigation Centre(SALC) were admitted as jointamici curiae("friends of the court") inAugust 2022to brief the Court on international business and human rights standards and South African constitutional law relevant for the certification of the class action. The human rights groups stress that South Africa’s duty to regulate the conduct of its companies extends beyond its territorial borders and that Anglo American’s responsibility to respect human rights should inform the Court’s decision to certify this class action.
"Residents of Kabwe have shown incredible resilience in pursuing legal action against a multinational mining giant and should be afforded the opportunity to make their case before South African courts. Businesses have a responsibility to remediate the adverse human rights impacts of their activities. Remediation starts with a fair access to courts" said Candy Ofime, Researcher and Adviser on Business and Human Rights at
This lawsuit has the potential to set a key legal precedent and fill an important accountability gap. For years, human rights organizations have been amplifying residents of Kabwe’s calls for justice internationally. At the hearing, representatives of theUnited Nations Special Procedures will also have a chance to presentlegal argument regarding corporates’ responsibility to remediate harm.
SALC’s Socio-Economic Rights
"This case is not just another class action. Its certification is important not only to the people of Kabwe but to anyone who suffered human rights abuses as a result of transboundary corporate conduct by a South African company. South African courts have the power to level the imbalance and close the accountability gap that exists in practice."
Amnesty and SALC are represented by theCentre
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