Peter Shula & 165 Others v Sino Metals Leach Zambia Limited & NFC Africa Mining Limited

On 12 September 2025, 176 residents of Kalusale, Chambishi, Kalulushi District, Copperbelt Province, Zambia filed a Petition in the High Court for Zambia, challenging the violation of their fundamental human rights stemming from a massive environmental disaster. On 18 February 2025, Tailing Dams owned by Sino Metals Leach Zambia Limited (Sino Metals) and located on NFC Africa Mining Limited’s (NFC Mining) surface area collapsed, discharging an estimated 50 million to 900,000 million litres of highly acidic and toxic waste, including heavy metals, into the local environment and vital waterways.

The Petitioners seek declarations of constitutional rights violations, comprehensive environmental remediation, equitable compensation for extensive damages, and immediate provision of necessities such as clean water, food and access to healthcare. The case highlights significant concerns regarding corporate accountability, environmental protection, human health, livelihoods, and access to justice in the context of large-scale mining operations.

Background

The Petitioners are long-term rural residents and farming community members of Kalusale, Chambishi, in Kalulushi District of Zambia’s Copperbelt Province. Their livelihood primarily depends on subsistence and small-scale commercial farming on land near waterways such as the Chambeshi Stream, Mwambashi River, and the Kafue. They relied heavily on these waterways for all aspects of their lives, including drinking, cooking, farming, raising livestock, and fishing. Before a catastrophic event on 18 February 2025, the Petitioners enjoyed a peaceful and self-sufficient lifestyle, cultivating diverse crops and accessing natural resources from the surrounding forests and waterways for sustenance and income.

Sino Metals and NFC Mining are private limited companies involved in mining activities in Chambishi in Kalulushi District of the Copperbelt, with Sino Metals’ operations, including an open-pit mine, concentrator plant, and tailings storage dams, located within NFC Mining’s Surface Area and plant boundary.

On 18 February 2025, Sino Metals’ Tailing Dams (TD 15F, TD15E, RD15C, and TD15B) located within the NFC Mining’s Surface Area and plant boundary collapsed, releasing a massive amount of highly toxic waste, including elevated heavy metals, into their environment, submerging farmlands and some residential areas and fundamentally altering the Petitioners’ way of life. Seven months after the spill, the Petitioners continue to reside in the contaminated environment. The Petitioners were not immediately informed of the danger, forcing them to navigate the polluted waters. The Waterways, particularly the  Kafue River, support communities beyond Kalusale with approximately 300,000 households reliant on a fisheries-based livelihood. Following the spill:

• 19 to 21 February 2025: The Zambia Environmental Management Agency (ZEMA) confirmed that approximately 75% of Leach Residue was discharged and issued an Environmental Restoration Order No. ZEMA/NRO/ERO/2002/2025 to Sino Metals for clean-up and monitoring. The Minister of Water Development and Sanitation confirmed in a Statement in Parliament that the collapse spilt highly acidic water into the Mwambashi River, with pH levels dropping to 1.91.
• 28 February 2025: Sino Metals issued an apology and pledged to address the situation but failed to submit a comprehensive Environmental Impact Assessment.
• March to April 2025: Government ministries confirmed the heavy metals found to have been discharged into the Mwambashi Stream, which included iron, manganese, copper, and cobalt, as well as elevated levels of total dissolved solids and extremely low pH values. Later on 2 April 2025, the government further confirmed that the heavy metal contamination is far beyond the safe limits set by the World Health Organisation (WHO) and the Food and Agriculture Organisation (FAO).
• The US and Finnish Embassies issued health alerts due to the hazardous substances, cautioning their citizens to evacuate the area.
• 10 July 2025: The Minister of Green Economy and Environment reported that Sino Metals, under the supervision of ZEMA, had commenced clean-up activities for the visible pollution.
• 31 July 2025: Sino Metals launched a limited compensation exercise through a ‘Standard Deed of Settlement and Release’ containing an unlawful liability clause. Many affected Petitioners received no assistance or compensation.
• August 2025: Water samples from the Chambishi area reported to contain impermissible levels of cobalt, manganese, zinc, and other dissolved contaminants.
• 12 September 2025: 176 Petitioners, represented by Messrs. Malambo & Company and Messrs. Lusitu Chambers, file their case in the High Court of Zambia with support from SALC.

The pollution has impacted the community in various ways. It has devastated crops, made soils unusable, harmed income and food security and resulted in livestock deaths. Farmers were warned against harvesting contaminated maize. Waterways and wells became unsuitable for domestic use and agriculture, leading to the temporary closure of Kitwe’s water treatment plants.

Due to exposure to toxic waste, the Petitioners and their families have suffered health issues such as diarrhoea, respiratory problems, and skin irritations. Sino Metals’ provision of about 20 litres of water every two days has been inadequate, forcing reliance on polluted sources. The community faces severe poverty, with some trying to leave their residences in search of alternative livelihoods. Ongoing earth-moving activities are worsening health risks by generating contaminated dust.

Legal Arguments and Alleged Violations of Rights

The Petitioners assert that the Respondents’ actions and omissions have violated their constitutional and legal rights under the Constitution of Zambia, the Environmental Management Act No. 12 of 2011, the Mines and Mineral Development Act No. 11 of 2015, and the Mineral Regulations Commission Act 2024. Specifically, the violations include the right to life, dignity, property, assembly and a healthy environment.

The Petitioners are seeking various orders and declarations from the High Court, including:

1. A declaration that the Respondents’ acts and omissions have violated the Petitioners’ rights to life; protection from torture, inhuman or degrading punishment or treatment; property; not to be subjected to entry by others on their premises; freedom of association; and freedom of movement.
2. An order for emergency compensation that includes the following: provision of adequate water and food, money for basic needs, temporary accommodation in uncontaminated areas, and healthcare.
3. An order to establish an emergency fund and create an Escrow Account as security for environmental reparation, remediation, restoration, and compensation for affected individuals and communities and for the period of environmental recovery.
4. An order for damages and compensation for both initial and long-term pecuniary and non-pecuniary losses over affected individuals’ lifespans and the environmental recovery period. Including financial losses, livestock and fishpond losses, personal injuries and loss of life, long-term health issues and increased illness risk, decreased quality of life from environmental degradation, emotional distress over food safety, and relocation costs for those affected by contamination.
5. An order for damages and compensation for the destroyed properties, houses, crops, fruit trees, natural and forest resources, and for depriving the Petitioners, their families and community of full enjoyment and use of the environment.
6. An order for damages and compensation for all the suffering that the Petitioners have been unlawfully and unjustifiably subjected to pursuant to Articles 8, 12, 13, 15,16, 17, 22, 23, 28, 256 and 266 of the Constitution of Zambia.
7. An order for the development and implementation of a comprehensive remedial action plan for environmental restoration.
8. An order to safely remove contaminated materials by certified entities, treating them as hazardous waste.
9. An order to stop threatening and preventing the Petitioners from communicating with their lawyers and other Stakeholders, including NGO representatives.
10. An order to allow access by independent experts, lawyers, stakeholders, NGO representatives, and others willing to help the affected communities

The Petitioners are supported by SALC and represented by Messrs. Malambo and Company and Messrs. Lusitu Chambers.

News Releases
16 Sep 2025 – Zambian communities sue mining giants over spill disaster.

Case in the news
15 March 2025 – A river ‘died’ overnight in Zambia after an acidic waste spill at a Chinese-owned mine (AP Newsroom).
24 March 2025 – Why has a river in Zambia ‘died’? (BBC).
28 March 2025 – “Catastrophic” acid spills at copper mines test Zambia’s plans to boost production (Climate Home News).
1 Sep 2025 – Chinese firm faces $420 million Zambia mine-spill damages claims (Bloomberg).
2 Sep 2025 – Inside China’s Zambian copper mine disaster (Channel 4 News).
4 Sep 2025 – Zambia ordered a mining company to pay villagers after a toxic waste spill (Inside climate news).
11 Sep 2025 – Zambia presses China for more compensation over toxic mine spill (BBC).