ActionSA files charges against mining department and Jagersfontein Developments

ActionSA’s Free State Provincial Chairperson Patricia Kopane has filed criminal charges against the Department of Mineral Resources and Energy, Kopanong Local Municipality, Jagersfontein Developments and the province’s local government.

The charges come after Tuesday night’s second dam wall burst in Jagersfontein. Mayor of the Kopanong area‚ Xolani Tseletsele, said unlike the last time‚ the dam released water,” he said.

“Since the mine’s dam burst on 11 September, little has been done by the Free State government to assist survivors,” said Kopane in a statement.

ActionSA believes that the government and Jagersfontein Developments may be in contravention of:

• South African Constitution, the Bill of Rights
• The National Environmental Management Act
• National Water Act regulations
• Mineral and Petroleum Act 29 of 2007 -Department of Minerals and Energy (License and Legislative compliance)
• Water Services Act 108 Of 1997- Department of Water and Sanitation
• Mine Health and Safety Act 28 of 1996

“It is against this backdrop that we deem it necessary to lay criminal charges in pursuit of justice for the affected families,” said Kopane.

September 11: a grim day for Jagersfontein

It’s understood that early on Sunday, 11 September 2022, the tailings of an abandoned local mine burst open, damaging infrastructure, personal property and homes.

One person died, and 42 others were injured, in the mudslides containing toxic sludge that ensued.

Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma had activated the National Disaster Management Centre (NDMC) to assist affected residents in Jagersfontein.

Dlamini-Zuma said the damage in and around the community of Charlesville in Jagersfontein was extensive and had negatively impacted the community.

ALSO READ: Jagersfontein Dam burst: three reported dead, homes swept away

27 September: Another dam wall burst

While beleaguered residents began picking up the pieces, another dam wall burst late on Monday night after two days of heavy rain.

The office of Free State Premier Sisi Ntombela said water had engulfed the area of Charlesville.

Mayor of the Kopanong area‚ Xolani Tseletsele, said the incident happened at around 9pm.

No injuries or damages have been reported.

Additional reporting by Faizel Patel and Thapelo Lekabe