Case proceeds after High Court dismisses mining company’s bid to throw out the case
Lusaka/Johannesburg – The High Court of Zambia has dismissed the application by Sino Metals Leach Zambia Limited to throw out the constitutional case brought by 176 residents of Kalusale and Chambishi, clearing the way for a hearing of the $80bn petition on 10 December 2025 – coinciding with the UN International Human Rights Day.
The case, supported by the Southern Africa Litigation Centre (SALC), concerns one of Zambia’s worst environmental disasters: the catastrophic collapse of multiple tailings dams on 18 February 2025, which released between 50 million and 900,000 million litres of highly acidic and toxic waste into waterways, homes, farmland and the Kafue River system. The spill has left thousands living with contaminated water, poisoned soil, dead livestock, devastated crops, and ongoing health risks.
Anneke Meerkotter, Executive Director of the Southern Africa Litigation Centre, highlighted:
“For too long, powerful mining companies have polluted with impunity while ordinary families pay the price with their health, their land and their futures. This hearing is a moment of reckoning. It is a test of whether Zambia’s justice system will allow corporate giants to hide behind legal manoeuvres, or whether it will finally insist on accountability, transparency and respect for the Constitution. Communities cannot be left to carry the burden of industrial disasters while the companies responsible walk away unscathed.”
The Court will hear the substantive constitutional case brought under Article 28 of the Constitution and the Protection of Fundamental Rights Regulations, 1969, in which the petitioners allege violations of several rights, including the right to life, the right to property, and the right to a clean and healthy environment. The petitioners seek remedies, including clean water, medical monitoring, emergency support, and a comprehensive, independently monitored environmental remediation and compensation plan.
This case is historic because it constitutes one of the largest constitutional environmental rights cases in Zambia’s history, tests whether foreign-owned mining companies can be held accountable for large-scale pollution, has the potential to set a region-wide precedent for corporate accountability and community environmental rights, and exposes systemic failures in environmental governance, oversight and emergency response. The Court has also indicated that it will give directions on whether this matter may be consolidated with a related case involving overlapping facts.
BACKGROUND: What happened & why the case matters
The Disaster
On 18 February 2025, tailings dams TD15F, TD15E, TD15D, RD15C, TD15B and TD15A, operated by Sino Metals within NFC Africa Mining’s surface area, collapsed, discharging acidic effluent with heavy metals, including copper, cobalt, manganese, nickel, arsenic and uranium into community waterways. Government agencies later confirmed pH levels as low as 1.91, and widespread contamination affecting the Chambishi Stream, Mwambashi River, and the Kafue River, on which over 300,000 households rely for fisheries-based livelihoods. The collapse destroyed crops, killed fish and livestock, rendered wells and rivers unsafe, and temporarily shut down Kitwe’s water treatment plants. Despite this, many residents received no compensation, no adequate water supply, and no health support, forcing families to use poisoned water and live in a contaminated environment.
The Legal Case
On 12 September 2025, 176 residents filed a constitutional petition (Cause No. 2025/HP/1285). Their claims are based, among others, on failure to clean up the toxic spill, ongoing exposure to hazardous waste, and violations of the right to life, dignity, property, and a clean environment.
The Respondents’ Attempt to Dismiss the Case
On 31 October 2025, Sino Metals attempted to have the petition dismissed, arguing that the case was filed using the wrong procedure, that the constitutional issues were “too remote” from environmental harm, or that the action was premature without a completed environmental impact assessment. The Court dismissed all grounds raised in the preliminary application on 17 November 2025 and decided to hear the matter on 10 December 2025.
| Media Details | Media Enquiries |
| Hearing Date: 10 December 2025 Venue: High Court of Zambia Time: 9h00 |
Atilla Kisla International Justice Cluster Lead E: atillak@salc.org.za T: +27 63 081 1512 |