The SA Tailings Civil Society Group has warned of impending legal action against the government due to its failure to release a critical forensic report on the Jagersfontein disaster.
Tragedy struck Jagersfontein in the early hours of September 11 2021, when a wall containing tailings from a nearby mine collapsed. The breach unleashed a torrent of heavy, light grey sludge that devastated the 164 homes in the Charlesville and Itumeleng sections.
Two people were killed in the disaster, which left many others struggling for survival.
Several NGOs, including The Bench Marks Foundation, Earthworks, Federation for A Sustainable Environment, Groundwork and the National Union of Mineworkers, along with other members of the SA Tailings Civil Society Working Group, have expressed outrage over the continued withholding of the report into the disaster and describe the government’s inaction as scandalous.
“What we want is a report, transparency, then accountability,” said Hassen Lorgat, convener from the SA Tailings Civil Society Group.
The Department of Water and Sanitation confirmed to Sunday World that an investigation is being conducted by the University of Pretoria and the University of the Witwatersrand.
Departmental spokesperson Andile Tshona said while the investigation was initially expected to take about six months, delays occurred due to the need for additional geotechnical studies and the acquisition of high-definition historic satellite images.
“The technical investigation report only relates to the cause of failure of the fine tailings storage facility in terms of the geotechnical aspects.”
He also noted that the department had submitted a separate investigation by the Environmental Management Inspectorate to the National Prosecuting Authority (NPA) for review.
Tshona said the release of the technical investigation report could be delayed until the NPA decides whether the findings will be used in any potential prosecution.
Tshona said the department had upgraded water treatment facilities through the Regional Bulk Infrastructure Grant to ensure sustainable water
supply. Additionally, a business plan for water conservation and demand management is being developed under the Water Services Infrastructure Grant.
Mojalefa Senokoatsane, Free State NPA spokesperson, confirmed that the docket from the Department of Water and Sanitation was received in April and was in a review process.
“The DPP (director of public prosecutions) is currently studying the contents of the document submitted before a decision is taken. We can confirm that we have indeed received the documents and they are being studied to make a determination, then a decision will be taken on whether to prosecute or not to prosecute,” said Senokoatsane.
