Court News

Kalumbila Minerals sued over contaminated water

By GRACE CHAILE-LESOETSA
A MEDICAL doctor and six residents of Kisasa Wauma Township in North-Western Province have sued Kalumbila Minerals Limited in the Lusaka High Court for allegedly being subjected to consume water contaminated with iron, lead and aluminum.

Dr Oliver Mupila and six others want the Court to order Kalumbila Minerals to pay them damages for negligence, nervous and psychological shock, pain and turmoil.
They want the Court to grant them an order that the mining firm puts in place a medical insurance scheme to cover for the anticipated medical conditions of the seven and other affected victims for routine medical check-up and treatment of conditions resulting from high consumption of lead, iron and aluminum.
The complainants are also demanding interest on the amounts found due and payable at the commercial bank rate, an order for costs and any other relief the court may seem fit.
They claim that because of the high consumption of lead, iron and aluminum, it can lead to brain damage, high blood pressure, heart disease, kidney disease, and reduced fertility.
Dr Mupila, a specialist in Geriatrics and also a resident and others stated that Kalumbila Minerals was negligent in that it failed to perform a duty of care by flushing out the boreholes before commissioning the said boreholes and allowing people to access the water before having the water from boreholes certified fit for human consumption.
They stated that the Mine failed to take all reasonable steps to ensure that the water from the boreholes was fit for human consumption.
The seven claim the Mine failed to have the boreholes commissioned by government officials including the Zambia Environmental Management Agency ( ZEMA) and or Water Resources Management Authority ( WARMA) and certified suitable for human consumption.
Dr Mupila and others stated that during the period of the months of July to December 2017, they discovered that the water from the boreholes that were sunk by Kalumbila Minerals as part of its corporate responsibility were not fit for human consumption.
They stated that in October 2017, they engaged the Mining firm at a meeting which was held at Trident Foundation office in the presence of Mr Alex Mapapayi and Micheal Kabundi where it was discussed and agreed to ascertain the problems regarding the said water in Kisasa Wauma.
They stated that on November 27 2017 Kalumbila through its agents or servant namely Mr Joseph Ngwira who is an environmental manager at Kalumbila wrote to the provincial water officer where with other stakeholders namely the District Health Management Team ( DHMT) and a representative from the provincial water officers North Western , for purpose of getting samples and having the water tested for possible contamination.
Dr Mupila and others stated that as a result of the mentioned water samples from the boreholes done by World Vision which were gotten and taken for testing and it was found to be perfect in contrast to samples collected from the boreholes sank by Kalumbila Minerals.

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