Jagersfontein disaster: Authorities’ blame game after ignoring warnings about dam since 2020

Alarm bells about an imminent Jagersfontein dam tragedy in the Free State were sounded as early as 2020, but fell on deaf ears, and authorities are now playing the blame game following Sunday’s tragic collapse, which has killed at least one and displaced hundreds.

Kopung Ralikontsane, the province’s director-general, has said that the Water and Sanitation department should take responsibility for the disaster, as they had been warned about the Jagersfontein mine waste water dam’s flaws at least two years ago.

But departmental spokesperson Sputnik Ratau said the mining company Jagersfontein Developments (Pty) Ltd had accepted responsibility for the dam wall collapse that flooded the town with mine waste.

He said the department had previously conducted an inspection and had alerted the company about their compliance concerns regarding the dam.

“An administrative enforcement (Directive) was issued in December 2020 for disposing volumes above authorised limits, and the mine was also requested for action plans to rectify identified contraventions. The Mine was advised with regards to Dam Safety requirements of the [department],” Ratau told The Citizen.

It is, however, not clear if there were interventions or monitoring mechanisms implemented since then to ensure that the company rectified the identified shortcomings.

Warning bells

In February, Kopanong Local Municipality executive mayor Xolani Tseletsele alleged on his Facebook page how, over 10 years ago, the mining company came to Jagersfontein with no water-plan for its operation.

“About few metres away from this non-compliant dam, are houses of the masses of our people, who are automatically subjected to dangerous conditions. If that dam breaks loose, the whole muddy water will ruin lives, cause deaths and damage to the community. Kopanong Local Municipality is comfortable with the operation of this mine that also had an illegal connection for water,” he wrote at the time.

On Monday, Tseletsele said on radio the community was pained, as for years they have been raising concerns about their safety due to the dam. He also noted that a letter was previously sent to the company about these concerns.

He said the water and sanitation department ordered the company to cease operations but they, despite learning that the dam was still not compliant, resumed operations.

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Government fails to hold companies accountable

According to WaterCAN, an initiative of OUTA (Organisation Undoing Tax Abuse), which consists of a network of citizen science activists advocating for clean, safe and sustainable water, at the heart of the disaster is government’s ongoing failure to hold mining companies accountable for their actions before, during and after mining operations.

The organisation lamented that mining operations in SA have had a negative impact on the people and communities living close to or downwind of these operations and on the environment. 

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Dr Ferrial Adam, WaterCAN manager, said the recent gang rapes of young women in Krugersdorp on an abandoned mine site was similarly due to government’s failure to force the relevant mining company to clean up after closure, properly cordon off the area to limit access, and rehabilitate the property. 

She said the response to acid mine drainage across the province has been too slow, resulting in toxic substances flowing into rivers, streams and groundwater.

She said a recent study had also found high concentrations of toxic acid mine drainage in the Krugersdorp Game Reserve.

Getting away with murder

“The lack of enforcement of basic laws means that mines have been able to get away with murder,” says Adam.

In Gauteng alone, there are more than 270 tailings dams in the Witwatersrand Basin, reportedly mostly unlined and many not be vegetated, providing a source of extensive dust, as well as pollution of soil, surface water and groundwater.

“The dust and water from the tailings waste contain chemicals, minerals and heavy metals that are poisonous, such as arsenic, cyanide, mercury, lead and uranium.”

Vulamehlo Kusile Organisation, which advocates for the rights of communities in mining areas, said Soutyh Africa has noble policies but implementation and monitoring are non-existent.

Solly Masilela, the organisation’s researcher, agreed that mining companies do as they please in mining communities, as government tend to be lacklustre in enforcing regulations.

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“The complaints from the community alone should have sensitised government to the dangers and enforce compliance. Government has a culture of reacting, unfortunately by that time there are casualties,” he said.

Jagersfontein Developments (Pty) Ltd is yet to respond to questions, but the International Council on Mining and Metals (ICMM) said the Jagersfontein dam collapse is just one of several tragedies due to tailings dam failures around the world.

Global Industry Standard on Tailings Management strives to achieve zero harm to people and the environment with zero tolerance for human fatalities, the council said.

“All ICMM members have committed to implementing this Standard across all of their operations, and all stakeholders need to continue to advocate for broad uptake and implementation to help prevent tragedies like the one at Jagersfontein,” the council said in a statement.