Five to finally face charges for Jagersfontein tailings dam disaster

Five suspects have been summoned to appear in court in connection with the Jagersfontein tailings dam disaster, nearly three years after the deadly incident. 

The suspects, who are employed

The mining waste disaster unfolded at 6am on when the tailings dam at the Jagersfontein diamond processing operation collapsed. 

It released a torrent of thick grey sludge into the neighbouring areas of Charlesville and Itumeleng, killing several people, leaving two missing, injuring dozens and inundating rivers and grazing land.

After a criminal investigation

In a joint statement, the community-based Jagersfontein Lerumo Justice Forum and the South African Tailings Civil Society Working Group said they regard this move as a “welcomed beginning” but fear it may be a long process. 

“We will attend the hearings on the 10th of September to bear witness and urge greater urgency to this festering sore,” they said.

The organisations said the full scale effects of the tailings dam collapse continue to unravel. Residents  of Jagersfontein will gather for the third anniversary commemoration event on 11 September, starting at noon at a local school hall.

“The disaster exposed a dangerous legal loophole regarding the regulation of the site, which was operated

Scientists reported that the collapse released more than six million cubic metres of toxic liquid sludge, devastating about 1 600 hectares of agricultural and grazing land and affecting nearly 160 homes. 

“Contrary to initial corporate statements, our research confirms the disaster resulted in the deaths of at least five people, alongside countless injuries and widespread trauma,” the organisations said, noting that the environmental toll was immense, with an estimated 900 livestock killed and ecosystems destroyed.

“For three years, the victims’ families and the broader community have been denied truth and justice. Despite warnings from local activists to the department of water affairs about the facility’s safety, these concerns were seemingly ignored.”

The Jagersfontein forum and the tailings working group noted that they are “mindful of what the political leadership said at that time”.

“[The] minister of mineral re

“In addition, President [Cyril] Ramaphosa said on a visit on , that: ‘Yes, we will make sure your homes are rebuilt. 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.’”

The organisations said: “Many of the concerns the president raised appear not to have been met.”

They have issued three key demands, including an urgent joint inquest into the unnatural deaths. “We demand that the South African Police Service and the NPA immediately convene a formal inquest in terms of the Inquests Act. It is a criminal offence to fail to report a death from non-natural causes.” 

This inquest is crucial to formally establish the facts surrounding the deaths of Aaron Ralehana Moseou, Mantele Mokgadi (missing and presumed dead), Msokoli Petrus Khuthu, Katleho Solly Olifant and Shadrack Williams.

“This process is integral to our democracy, will provide closure to families, and counter rumours and suspicions,” they said. “The failure to hold an inquest undermines public trust and accountability.”

The organisations also called for the immediate public release of the department of water and sanitation’s investigation report. 

“We demand the department … make public its investigation report, initiated under section 151 of the National Water Act. This report, which is apparently with the NPA, must be released immediately to ensure transparency and facilitate the prosecution of the corporation and all implicated parties.”

News channel eNCA reported last month that the department had handed over its report to the NPA in July and that it could not yet be made public because it may form part of criminal proceedings.

The third demand from the organisations is for an inclusive reparations and restitution programme. “The promised rebuilding of homes and compensation for losses has been inadequate. Many households complain about the poor quality of rebuilt housing.

“We demand a comprehensive reparations programme that includes quality housing infrastructure, land reform, job creation, social security support for struggling households and full environmental rehabilitation.”

They said Jagersfontein’s residents continue to suffer widespread trauma. “While we acknowledge the support from organisations like the South African Human Rights Commission, Gift of the Givers and the Red Cross, corporate and state accountability remains absent.”