Legal Actions over Fatal Jagersfontein Dam Breach
October 05, 23
(IDEX Online) - The company that owns the tailings dam at Jagersfontein, South Africa, is facing both civil and criminal cases over the breach last September that killed three people and caused widespread devastation.
Lawyers for residents whose homes were left in ruins by a river of thick, gray sludge say they're taking a class civil action against Jagersfontein Developments, a division of Dubai-based Stargems.
They also say they will prosecute directors of Jagersfontein Developments under the National Water Act and the National Environmental Management Act.
"We understand why the dam failed, we understand who is responsible for the dam failure and we are ready to file the proceedings," Richard Spoor, a South African activist and human rights attorney, told the news website TimesLive.
He said his company, Richard Spoor Inc, and another law firm, were representing 60 families from the small township of Charlesville, near Bloemfontein, in the Free State province.
The Jagersfontein mine, operated by De Beers, was closed in the 1970s and was bought by Stargems last April.
The company said at the time that "a full due diligence was conducted prior to this acquisition showing that the assets, including the dam were safe and secure".
The tailings dam was closed in 2020, according to a Reuters report, due to high water levels, but was allowed to re-open a year later.
The tailings dam - used to store processed ore from the former diamond mine - burst In September 2022. Two people are known to have died and a third is still missing, presumed dead.
We have approached Stargems for comment.
Pic shows devastation at Jagersfontein, courtesy GCIS (Government Communication and Information System)