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Mopani Copper Mines fined.
The Lusaka High Court in Zambia has ordered Mopani Copper Mines to pay K59 million(Zambian Kwacha) as damages for negligently causing the death of its whistle man.
The man was found dead underground the Nkana mine in Kitwe on the Copperbelt Province in 2002.
Supreme Court Judge Timothy Kabalata sitting as a High Court Judge awarded costs and damages to estate of the deceased whistle blower after the administrator of his estate Ms. Florence Mulenga sued Mopani Copper Mines for negligence.
Justice Kabalata in his judgment found that Mopani copper mines was liable for the death of Mr. Chanda who was discovered lying unconscious inside a Granby car while working on a train at 2370 feet level.
He was pronounced dead upon arrival at Wusakile Mine Hospital.
But During trial Mopani copper Mines denied legal responsibility of the death on grounds that the deceased's cause of death was unknown and could be a speculation.
Subsequent investigations on the cause of Mr. Chanda's death were inconclusive, but an inquest into his death by a Kitwe Magistrate Court found that there was negligence on the part of the mine.
The Magistrate's findings were that the measurements of the trolley line fell far below the requirements of the law causing Mr. Chanda to come into contact with the live trolley line.
The report further stated that had Mopani mines followed the required standards, the accident would not have occurred.
A medical doctor at Kitwe central hospital found that Mr. Chanda died due to electric shock.
Judge Kabalata noted that the failure by Mopani Copper mines to give an account of the accident made the Mine liable for the death of Mr. Chanda.
Justice Kabalata in his judgment noted that the mine officials should have instead amended their defence after the report by Kitwe Hospital to give an explanation of how Mr. Chanda came into contact with the live wire that led to his death.
Judge Kabalata further dismissed the Mine's defence as just a denial in the hope that Ms. Mulenga would not provide proof of the cause of death. -znbc.co.zm


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