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This week marks the three-year anniversary of the deadly collapse of the tailings dam at a diamond re-processing operation in Jagersfontein, South Africa. The 2022 collapse released 6 million cubic meters of contaminated waste.
This contaminated roughly 1,600 hectares of farmland and destroyed over 160 homes. According to the Jagersfontein Lerumo Justice Forum and the CSO Tailings Working Group, the industrial disaster resulted in five deaths, many injuries, and the loss of 900 livestock. The ecological damage is still being calculated.
On September 10, five people will appear in Jagersfontein Magistrates Court in connection with the collapse. They are charged with murder, malicious damage to property, and contravention of the South African Health and Safety Act, although the South African Police Service statement only acknowledges three deaths. Civil society groups call this a welcome beginning, but far from all that is needed to achieve true justice.
On the same day, the South African Human Rights Commission, community members, and NGOs will convene a symposium to explore tailings management transparency and accountability. Representatives of many government departments, in particular those responsible for mining, water affairs, and the environment, will be attending.
Demands for justice
On September 11, the community will gather for the 3rd Anniversary Commemoration Event at a local school hall. They are calling for justice in the form of three demands:
- An investigation by the South African Police Service and the National Prosecuting Authority into the facts surrounding five deaths:
- Aaron Ralehana Moseou (Jagersfontein Town)
- Mantele Mokgadi (Charlesville) – still missing, presumed dead
- Msokoli Petrus Khuthu (Itumeleng township)
- Katleho Solly Olifant (Charlesville township)
- Shadrack Williams (Itumeleng township)
- The immediate release of the Department of Water and Sanitation report into water quality impacts.
- Fair compensation for those whose homes were damaged or destroyed as part of a broader, comprehensive reparations program to address lost livelihoods and environmental damages. This should include quality housing infrastructure, land reform, job creation, social security support for struggling households, and full environmental rehabilitation.
Inadequate promises
Communities have received promises from officials, but they say that the reality has been inadequate, leaving families facing deep poverty and unequal decisionmaking regarding the path forward.
After the disaster, Minister of Mineral Resources and Energy Gwede Mantashe promised that the company responsible would compensate those impacted. “Compensation for fatalities, compensation in terms of damage to property will be taken as a responsibility of the company that owns the slimes dam,” he said.
During a visit to the site of the disaster, the President of South Africa, Cyril Ramaphosa, said the government would ensure that the community recovered what they lost.
“Yes we will make sure your homes are rebuilt,” President Ramaphosa said. “Nothing will stop us from making sure that those who lost their homes will be assisted. Those who have lost a knife or your underwear, we will make sure you get your underwear back. If you’ve lost your dress, we will make sure you get your dress back.”
Ongoing struggle for accountability
Three years have passed, and community members are still seeking accountability and a voice in the decisions about what comes next. Last year, they reported that new homes, which were still being built, were inadequate and inappropriately located.
Consistency of water supply, as well as the quality, remains a challenge. The Jagersfontein Lerumo Justice Forum and the CSO Tailings Working Group demand that the full water and sanitation report on which charges have been based must be public.
Earthworks stands with the community of Jagersfontein. The families who experienced the trauma of the deadly dam collapse have a right to transparency, accountability, and justice.