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Kopanong Municipality and residents of Jagersfontein pursue lawsuit against mine

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The Kopanong Municipality and residents of Jagersfontein are pursuing a class action lawsuit against mine management. This comes after the mine sludge dam burst last Sunday, causing massive damage to infrastructure and houses.

It was a fateful Sunday morning for the residents of Jagersfontein. Traumatic events of the morning will forever be etched in their minds. They are now left with counting their losses while a few others salvage what they can. At least 164 houses were damaged.

“The mud was coming so strong. It was like a sea or beach waves. So we ran off,” a resident said.

“There’s nothing left, I’m the way I’m. I can’t talk any further,” another resident explains.

More than 80 people were treated for minor injuries. A pregnant woman was among the injured. One person has been reported dead. Humanitarian aid organisations are on the ground.

VIDEO: Relief operations continue in Jagersfontein:

Red Cross’ Claudia Mangwegape elaborates, “We’ve managed to provide them with the psycho-social support and also assessed what are the needs.”

Free State Premier Sisi Ntombela says they will do everything to support the affected families.

“They must receive their medication, we are here with health workers, we are here with SASSA, they must also apply for their IDs and make sure that they also apply for their grants.”

The community is now seeking assistance in rebuilding their homes. Kopanong Mayor Xolani Tseletsele wants Jagersfontein Developments to be held legally liable for the damages.

“Many of the directors were not available, every time when we reach out to them. You hear others are in Canada, others are in Switzerland and all over Europe,” says Tseletsele.

The samples of the sludge have been taken for tests to ascertain their risk to human life. The Minerals Council of South Africa says it will continue to encourage its members to review their tailings management operational standards.

The council said it would analyse the state of mine dams in the country. However, the Jagersfontein assets are not owned by any of their members.

Mine management has been accused of not taking reasonable safety measures. On his visit, Mineral Resources and Energy Minister Gwede Mantashe said there would be an inquiry.

“You know when there is a disaster in any mine there is something that is called inquiry where that investigation is done and details, people make submissions, people raise questions and the outcomes of that inquiry determine the outcome. Anything that tries to say somebody was negligent would be putting the cart before the horse,” says Mantashe.

Mine management, Jagersfontein Developments is adamant there was no indication of a looming threat. The company’s legal compliance officer, Marius de Villiers says the mine has set aside R20 million to assist the affected residents.

“You got to rely on your experts and your engineers. I can show you pictures of the wall three-four days before the accident and you won’t be able to tell me that there was a risk,” says De Villiers.

Government says lessons should have been learned from a similar mine disaster which happened almost three decades ago in Virginia. In February 1994, a mine dam also failed and flooded the suburb of Merriespruit, killing 17 people.

“We know for the fact that having tailings in South Africa’s mining situation that they are dangerous, they are actually risky to human beings as well as to the environment. And I think some difficult questions need to be asked,” Free State Cooperative Governance MEC Mxolisi Dukwana explains.

Government has assured residents that it would rebuild their houses. It has identified four sites to erect temporary structures. Presidents Cyril Ramaphosa has also paid a visit to the site of the disaster.

“Engineers on the preliminary basis are saying that it’s not safe to rebuild here. So, we’ve got to find ground, we’ve got find ways of rebuilding their homes,” says Ramaphosa.

The Department of Water and Sanitation says their investigation at the troubled diamond mine has unearthed various contraventions of the water licence regulations in the last two years.

Their inspection found that there was a discrepancy at the abstraction water flow meter.

Jagersfontein Developments were asked to engage with department’s dam safety engineers.

 

 

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