Global Issues
‘Zambia Has Environmental Laws and Standards on Paper – the Problem Is Their Implementation’
CIVICUS discusses environmental accountability in Zambia with Christian-Geraud Neema, Africa editor at the China Global South Project, an independent journalism initiative that covers and follows China’s activities in global south countries.
A group of 176 Zambian farmers has filed a US$80 billion lawsuit against a Chinese state-owned mining company over a major toxic spill. In February, the collapse of a dam that was supposed to control mining waste released 50 million litres of toxic wastewater into the Kafue River system, killing fish, destroying crops and contaminating water sources for thousands of people. The compensation demand highlights broader questions about mining governance, environmental oversight and corporate accountability.
What’s this lawsuit about, and why are farmers seeking US$80 billion?
The farmers are suing Sino-Metals Leach Zambia, a subsidiary of the Chinese state-owned China Nonferrous Metal Mining Group, because on 18 February, the company’s tailings dam collapsed, releasing an estimated 50 million litres of acidic, toxic wastewater and up to 1.5 million tonnes of waste material into the Kafue River. This led to water pollution affecting communities in Chambishi and Kitwe, far beyond the immediate mining area.
The lawsuit reflects real harm and frustration. From the farmers’ perspective, the company is clearly responsible. Their livelihoods have been destroyed, their land contaminated and their future made uncertain. In that context, seeking accountability through the courts is a rational response.
That said, the US$80 billion figure is likely exaggerated. It shows the absence of credible damage assessments rather than a precise calculation. When no one provides clear data on losses, communities respond by anchoring their claims in worst-case scenarios.
This case also highlights a broader accountability gap. Mining companies should be held responsible, but governments must also be questioned. These projects are approved, inspected and regulated by state authorities. If a dam was unsafe, why was it authorised? Why was oversight insufficient?
It should be noted that Zambia’s legal framework allows communities to bring such cases domestically, which is a significant step forward compared to earlier cases where affected communities had to sue foreign companies in courts abroad.
What caused the toxic spill?
There is no single, uncontested explanation. There were clear structural weaknesses in the tailings dam. Reports from civil society and media suggest the dam was not built to the required standards under Zambian regulations. But the company argues the dam complied with existing standards and that it was encroachment by surrounding communities that weakened the structure over time.
These two narratives are not mutually exclusive. Even if community interactions with the site occurred, the primary responsibility still lies with the company. Mining operations take place in complex social environments, and companies are expected to anticipate these realities and design infrastructure that is robust enough to withstand them. Ultimately, this incident reflects governance and regulatory failures. It was not an isolated accident.
What were the consequences of the spill?
The impacts have been severe and multidimensional. The spill polluted large sections of the Kafue River, reportedly extending over 100 kilometres. It killed large numbers of fish, contaminated riverbeds and disrupted ecosystems. Agriculturally, farmers using river water for irrigation saw their crops destroyed or rendered unsafe. Livestock and soil quality were also affected. Acidic and toxic substances entered water sources used daily for cooking, drinking and washing, and communities were exposed to serious health risks.
What makes the situation particularly troubling is the lack of reliable and independent data. There has been no transparent and comprehensive assessment released by the government, the company or an independent body. This absence has left communities uncertain about long-term environmental damage and health effects, and fuelled emotionally charged debates instead of evidence-based responses.
Was the disaster preventable?
Absolutely. At a technical level, stronger infrastructure, better-quality materials and stricter adherence to safety standards could have significantly reduced the risk. At an operational level, companies know mining sites are rarely isolated, and community proximity, informal access and social dynamics must be factored in when designing and securing tailings dams.
But prevention also depends heavily on governance. Mining companies are profit-driven entities, and in weak governance environments, the temptation to cut costs is high. This is not unique to Chinese firms. The main difference in how companies operate is not their origin but their context: the same companies often operate very differently in countries with weak or strong regulatory oversight. Where rules are enforced, behaviour improves; where oversight is weak, shortcuts become the norm.
The key issue here is enforcement. Zambia has good environmental laws and standards on paper. The problem is their implementation.
Could this case set a precedent?
This case has the potential to strengthen existing accountability mechanisms rather than create a new precedent. Zambia has seen similar cases before, including lawsuits involving western mining companies. What is different now is the increased legal space for communities to act locally.
If successful, the case could reinforce civil society advocacy for responsible mining, greater transparency and stronger enforcement of environmental regulations. It could also raise awareness among communities living near mining sites about their rights and the risks they face.
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