Anglo American plc (LON:AAL) has noted the decision by the High Court of South Africa in relation to the class action certification application brought against Anglo American South Africa Limited (“AASA”), its wholly owned subsidiary in South Africa, by law firms Leigh Day and Mbuyisa Moleele, on behalf of Zambian claimants in respect of the effects of lead pollution in the town of Kabwe, Zambia.
The Court has dismissed the claimants’ application for certification of a class action and ruled that the applicants must pay Anglo American’s costs incurred in responding to the application. The Court noted that the applicants’ law firms and their funders had procured insurance to cover such legal costs, so there would be no impact on potential claimants. In its judgment, the court recognised the multiple legal and factual flaws in the claim and deemed that it is not in the interests of justice for the class action to proceed.
Richard Price, Anglo American’s Legal & Corporate Affairs Director, commented: “This claim was entirely misconceived from the outset, both legally and factually. As we have stated throughout, Anglo American has every sympathy for the situation in Kabwe, but we are not responsible for it. We welcome the clarity and force of the court’s decision to dismiss this claim as untenable.”
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