SAFAL faces potential legal action or must pay K70 million to former workers over manganese poisoning

By Linda Soko Tembo

Following a series of investigative stories by MakanDay exposing the struggles of over 30 former employees of Southern Africa Ferro Alloys Limited (SAFAL) affected by manganese poisoning, the company now faces potential legal action. A formal notice of intent to sue has been issued by the law firm Mosha and Company legal practitioners.

According to a letter seen by MakanDay, the lawyers are demanding a total compensation of 70 million Zambian Kwacha (ZMW 70,000,000) on behalf of 35 individuals who suffered manganese poisoning while employed by SAFAL, entitling each affected person to K2,000,000.

The letter claims that SAFAL grossly violated its statutory obligations under the Occupational Health and Safety Act of 2010 by failing to provide a safe working environment, specifically regarding documented risks associated with manganese exposure.

The letter adds that despite the known hazards in manganese mining and smelting, the company failed to supply adequate protective gear, such as respiratory masks, or enforce safety protocols designed to mitigate these risks.

“In light of the above we are hereby instructed to demand immediate payments of 70,000,000.00 representing 2,000,000.00 per affected individual as compensation for the grievous harm suffered. This demand includes damages for negligence, loss of future earnings physical and mental pain and emotional distress”.

The letter further states that if the company fails to comply with this demand within seven days of receiving it, and remit an additional 7,000,000.00 to cover legal fees, the firm will proceed with legal action against SAFAL.

An anonymous source disclosed that negotiations with SAFAL are ongoing. Meanwhile, some affected individuals informed MakanDay that SAFAL management visited their homes in the Kanona area of Serenje district last week, requesting a meeting to discuss possible assistance.

According to information gathered by MakanDay, about 21 affected individuals visited SAFAL’s plant for discussions with management. During the meeting, management inquired about ways the company might provide support, but the individuals declined the offers and reportedly left the meeting frustrated, with no agreement reached.

“The company already informed us in July, through letters, that they would no longer provide any compensation because the Workers Compensation Fund Control Board (WCFCB) had taken over the matter. So why are they approaching us now?” the frustrated patients questioned”.

According to another letter obtained by MakanDay dated July 24, 2024, each affected individual received a notice from SAFAL stating that the company would no longer provide monetary support, as the Workers’ Compensation Fund Control Board (WCFCB) had assumed responsibility for compensation. The letter advised that any inquiries regarding payments or benefits should now be directed to the Board, as SAFAL management was no longer accountable for these matters.

SAFAL has yet to provide a comment to MakanDay on the issue.