A South African court has allowed a group of UN-appointed experts to intervene in a class action lawsuit against a mining company based in Zambia, the UN human rights office, OHCHR, reported on Thursday. 

The lawsuit against mining giant Anglo American was filed on behalf of women and children in Zambia’s central Kabwe District, who are the alleged victims of lead poisoning. 

The UN experts whose mandates cover issues such as toxic pollution and human rights, business and human rights, and discrimination against women and girls had sought to intervene in the case. 

The South Gauteng High Court in Johannesburg will this week hear arguments on whether the merits of the damages claim by the victims can be considered. 

The applicants allege that Anglo American South Africa, through its prior involvement in the activities of the local lead mine in Kabwe, assumed a duty of care towards residents, especially protection against lead exposure. 

The UN experts said lead is a cumulative toxicant that affects multiple body systems and is particularly harmful to young children. The South African Court will consider arguments based on international human rights law, including the Guiding Principles on Business and Human Rights.

The guidelines commit businesses to respect human rights, whilst addressing the adverse human rights impacts linked to business activity with which they are involved. They also highlight the importance of access to remedies in case of violations.  

The experts argued that Anglo American was acting contrary to its professed commitments to human rights in business when it opposes the Court even considering this class action.  

They, the experts said Anglo American South Africa has voluntarily committed itself to follow the Guiding Principles, including the commitment to support access to justice where human rights impacts have occurred and to co-operate in processes designed to establish whether there is culpability for those impacts.