ZAMBIAN villagers won a landmark legal battle today at Britain’s highest court against a British mining company that has been blamed for contaminating their water supply.

The Supreme Court in London unanimously ruled that mining giant Vedanta can now be sued in Britain for allegedly turning Zambia’s longest river, the Kafue, “bright-blue” with toxic effluent from the Nchanga copper mine.

The judgment by Chief Justice Lady Hale and four other judges came after lawyers for Vedanta Resources plc have spent years claiming that English courts have no jurisdiction over the company’s Zambian subsidiary, Konkola Copper Mines (KCM).

Samarendra Das, a veteran environmental campaigner and founder of the group Foil Vedanta, triumphantly told the Morning Star: “We won.”

In a statement, he added: “This is a historic day for victims of British multinationals’ abuses worldwide.”

The victory means that 1,826 Zambian claimants in farming and fishing communities will be able to sue Vedanta at the High Court in London, ending the four-year skirmish over jurisdiction.

The villagers have claimed to have suffered continual pollution since Vedanta Resources bought KCM in 2004, including a major incident in 2006 which saw copper sulphate and acid change the colour of the river and poison the fish.

The lead claimant, James Nyasulu, welcomed the verdict.

“The Supreme Court judgment will finally enable justice for the thousands of victims of pollution by KCM’s mining activities, who have suffered immensely,” he said.

“Their livelihoods, land and health have been irreparably damaged by pollution which has rendered the River Kafue completely polluted and unable to support aquatic life. Some have already died as a result.”

Oliver Holland, solicitor at law firm Leigh Day representing the Zambian farmers, said: “After four years fighting for this case to be heard by the English courts we are delighted that our clients’ case can now go ahead in the UK where there is a real opportunity for justice.

“Our clients argued that as the UK-based parent company of KCM, Vedanta also had a duty of care towards them and should be held responsible for the damage they allege has been caused by the mine.

“Indeed in Vedanta’s own published materials the company claims to have control over the mine and to have responsibility for the proper standards of environmental control across its subsidiaries.

“The court has ruled today that Vedanta cannot merely pay lip service to these statements and must be held accountable for them.”

The Supreme Court reviewed Vedanta’s Corporate Social Responsibility (CSR) material which promoted its foreign business activities.

The judges ruled: “The parent may incur the relevant responsibility to third parties if, in published materials, it holds itself out as exercising that degree of supervision and control of its subsidiaries, even if it does not in fact do so.

“In such circumstances its very omission may constitute the abdication of a responsibility which it has publicly undertaken.”

Martyn Day, senior partner at Leigh Day, said that he hopes the judgment will serve as a loud warning to other multinationals that their CSR policies “should not just be seen as a polish for their reputation but as important commitments that they must put into action.”

A spokesperson for 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.”

LEGAL BATTLE TIMELINE:
2015 – Zambian farmers file suit in England
2016 -  Technology and Construction Court rules England is best jurisdiction
2017 – Company appeals to Court of Appeal, loses and goes to Supreme Court
2019 – Supreme Court says Zambian farmers can sue company in England