Jagersfontein disaster: Residents’ lawyers prepare legal action to stop mine from operating

The recent mine disaster in Jagersfontein in the Free State must be declared an “unnatural disaster” and not a natural disaster according to the lawyers representing affected residents.

The incident in which the town’s mine dam burst left several families displaced, and also resulted in at least one dead and multiple people being injured.

ALSO READ: Jagersfontein update: One person declared dead, 42 injured

Speaking to The Citizen on Wednesday, legal representative for the residents Andries Nkome said declaring the catastrophe a natural disaster will not assist in achieving a sensible solution for affected residents.

He said they have already started a process of drafting papers in a bid to stop the mine from continuing to operate.

‘Sheer arrogance’

“The mine continues to operate while the sludge particles remain. This is just sheer arrogance on their part.

“We are hoping to lodge court papers by Tuesday next week and there have also been reports suggesting that the toxins from the sludge may at a later stage cause loss of life and we are in the process of quantifying that,” said Nkome.

He said they are yet to have discussions with mine bosses since the disaster, saying the only person they spoke to was someone claiming to be a legal representative of the mine.

“However, we later found out that the legal representative of the mine in question could also be a director of the mine, which again raises the issue of conflict of interest,” he said.

Nkome also raised concerns with reports suggesting that mine bosses allegedly promised affected residents 40 square meter houses in exchange for them (residents) letting go of other legal claims, which include municipal infrastructure damages and environmental harm.

“This would be committing a crime, I mean how do you promise to build residents RDP-like houses,” Nkome said.

He said they are representing 164 homeowners, after approximately 400 of the affected homeowners had been forced to seek shelter from their neighbours.

ALSO READ: Gift of the Givers arrives with supplies for Jagersfontein victims

The plan, according to Nkome, is to have those affected homeowners in their own spaces by Christmas this year.

Disaster was not natural, but man-made

Asked about their relationship with government, Nkome said while they have not had the best of interaction with the authorities, they will continue engaging government in ensuring that affected all affected residents are assisted.

“The provincial government declared this a natural disaster and we are saying it cannot be the case as this was man-made,” Nkome added.

Meanwhile the provincial government led by premier Sisi Ntombela on Wednesday met with the new management of the mine.

Addressing the media, MEC for Corporate Governance and Traditional Affairs (COGTA) Mxolisi Dukwana said the new management have committed themselves to working with government in ensuring the restoration of the mining town.

Mayor for the Kopanong local municipality Xolani Tseletsele said they are of the view that the issue of suing the mine would be a last resort.

Mine’s response:

“R20 million was set aside and it was spent right away on housing, accommodation, food parcels and medication and we are going to continue spending from the fund on what is required,” chairperson of the mine’s board Nadim Makki said.

“We are committed to rebuild the houses and fix what is broken, however we can’t say how long this process is going to take.”

He said they need consent from a couple of departments before they can start with the rebuilding of the houses.

ALSO READ: Jagersfontein mudslide damage to be assessed as mine owners sets aside R20m for residents

The mine also promised to investigate reports of threatening SMSes being sent to workers.

Makki said the mine is not operating at the moment, stressing that the employees who have been reporting for duty are there to assist with the cleanup work.

The mine has a workforce of around 160 workers and only around 40 employees have been reporting for duty.

When the disaster struck, the mine was operating under new shareholders for only three months.

According to Billy Bilankulu from the mine’s stakeholder relations, the mine was bought in April by a new consortium consisting of three different companies which make up 100% of the shareholding.

Bilankulu stressed the management has not changed but added that there is a need for them to look at the current management and see if they still fit what shareholders of the mine require.