Five people to stand trial for Jagersfontein dam disaster

Criminal proceedings are set to start regarding the 2022 dam wall collapse at the Jagersfontein Fine Tailings Storage Facility, the water and sanitation department has confirmed.

The small township of Charlsville, Jagersfontein, in southern Free State, was left in ruins in 2022 after a mudslide from a burst dam belonging to a local mine. The sludge destroyed houses, cars and electrical infrastructure. File image
The small township of Charlsville, Jagersfontein, in southern Free State, was left in ruins in 2022 after a mudslide from a burst dam belonging to a local mine. The sludge destroyed houses, cars and electrical infrastructure. File image (Ziphozonke Lushaba)

Criminal proceedings are set to start regarding the 2022 dam wall collapse at the Jagersfontein Fine Tailings Storage Facility, the water and sanitation department (DWS) has confirmed.

The docket was finalised and referred to the National Prosecuting Authority in Bloemfontein, which has taken a decision to prosecute five people.

Their first appearance is scheduled for September 10 in the magistrate’s court in Jagersfontein.

“It is expected that the case will be transferred to a higher court on the same day, with a full trial to follow. The government remains committed to hold those responsible for this tragedy accountable, while continuing to support the long-term rehabilitation of the community and environment affected by the disaster,” department spokesperson Wisane Mavasa said.

The Diamond Fields Advertiser quoted Free State Hawks spokesperson Lt-Col Zweli Mohobeleli as saying the suspects are employees of an engineering company, a compliance officer and an operations manager, who will face charges including murder, malicious damage to property and contravention of the Health and Safety Act.

The dam wall collapse devastated houses in the nearby community and claimed two lives with a third person missing, believed dead. Farmland was covered with sludge.

Infrastructure, such as houses and roads, have since been repaired, the department said. Efforts to clean and restore the natural environment are continuing, the cost of which is covered by the mine owner Jagersfontein Developments. 

Mavaso said the department's dam safety regulation directorate had conducted an extensive technical study into the cause of the failure, including site visits and expert evaluations by specialist civil engineers, geotechnical and hydraulic engineers from the University of Pretoria and the University of the Witwatersrand. This was in parallel to investigations by the environmental management inspectorates from the DWS and the forestry, fisheries and the environment department.

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