An US$80 billion lawsuit filed by Zambian farmers against two Chinese mining companies over a major toxic acid spill has produced a major diplomatic headache for the southern African country as it tries to balance its long-standing relationship with Beijing against the needs of local communities.
For decades, the two countries have maintained strong political and economic ties, and China has funded multibillion-dollar Zambian infrastructure projects ranging from airports and railways to dams.
Zambia relies heavily on this partnership, with Chinese companies playing a dominant role in the production and processing of its copper and cobalt.
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But the lawsuit filed by 176 Zambians against Sino-Metals Leach Zambia and NFC Africa Mining - two local subsidiaries of state-owned Chinese firms - alleges that a tailings dam wall collapse in February released acidic waste into streams, rivers and farms near the town of Kitwe, about 285km (180 miles) north of the capital Lusaka.
The farmers, who have termed the event an "ecological catastrophe", claim the spill violated their constitutional rights and destroyed their livelihoods by contaminating their crops and livestock as well as creating health problems for local residents.
The petitioners further claim they were not immediately warned of the danger, forcing them to live in a contaminated environment for seven months.
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The petitioners have demanded that US$80 billion be deposited into an escrow account to compensate them for the damage, including payments of 8,000 Zambian kwacha (US$336) per month to pay the costs of temporary relocation.
The case has since created a diplomatic flashpoint. While Zambian farmers and US embassy officials have labelled the incident an "ecological catastrophe", China's foreign ministry has rejected accusations of mismanagement on the part of its companies, saying that they had "actively stepped up to their responsibilities" and were cooperating with the authorities.
The residents sued the two firms together. The tailings dam that collapsed is owned by Sino-Metals Leach, a subsidiary of state-owned China Nonferrous Metals Mining, but it was located on NFC Africa Mining Limited's surface area.
According to the ministry's spokesman Lin Jian, the companies have already compensated the affected local residents.
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Lin added that Beijing required its companies overseas to "abide by local laws and regulations" and "strictly protect the environment", but it also supported "Chinese companies in defending their lawful rights and interests in accordance with the law".
Meanwhile, the Zambian government initially tried to downplay the incident before suspending the companies' operations and imposing a fine of 1.5 million kwacha on Sino-Metals.
The government and Sino-Metals claim that pH levels in the area have returned to normal and that compensation totalling 14 million kwacha has been paid to the affected residents.
Minister of Information Cornelius Mweetwa said in August there was "no need to press the 'panic button' to alarm the nation".
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According to Emmanuel Matambo, a research director at the Centre for Africa-China Studies, the lawsuit against the two firms was an "understandable and expected" response to the damage caused by the dam collapse.
He warned that the Zambian government would risk alienating voters ahead of a general election if it were seen to be actively taking Sino-Metals' side, and said the case should end the secrecy surrounding state-level deals between African and Chinese elites.
"There has been speculation about compensation and measures taken to prevent a recurrence of such accidents, but this has not been publicly and widely disclosed," Matambo added.
Iva Pesa, an assistant professor at the University of Groningen in the Netherlands, said the demand for US$80 billion was "largely symbolic".
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She said the petitioners knew they were unlikely to be awarded such a sum, adding: "China knows this too, and therefore I do not think this will majorly strain the relationship between China and Zambia in general."
According to Pesa, it may be easier for Zambians to sue Chinese firms than local mining giants such as ZCCM or Mopani, which are seen to provide a wider range of benefits to local communities.
"But then if a disaster happens, communities also don't feel any restraint to sue the Chinese company because it brings them little benefit anyway."
Pesa believes the lawsuit was motivated less by environmental consciousness and more by a desire for benefit-sharing.
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"If the Chinese companies make huge profits, they should at least share part of this with communities whose streams and fields have been devastated by acid," she said.
This is not the first time a major mining company has been accused of environmental destruction in Zambia. In 2015, farmers in the Chingola district sued mining giant Konkola Copper Mines and its majority owner Vedanta at the UK High Court in London over river pollution.
The case went all the way to the UK Supreme Court, where in 2019 the farmers won a landmark ruling that allowed their case to be heard in a British court.
In 2021, the company reached an out-of-court settlement that resulted in 2,500 victims receiving compensation, according to a study produced by Pesa.
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This article originally appeared in the South China Morning Post (SCMP), the most authoritative voice reporting on China and Asia for more than a century. For more SCMP stories, please explore the SCMP app or visit the SCMP's Facebook and Twitter pages. Copyright © 2025 South China Morning Post Publishers Ltd. All rights reserved.
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[SRC] https://www.yahoo.com/news/articles/chinese-mining-firms-sued-over-093000027.html
