JAGERSFONTEIN: Criminal proceedings against five company employees facing charges related to the Jagersfontein tailings dam tragedy of 11 September 2022, are set to resume on 22 October. Separately, a civil matter remains pending involving a group of 26 aggrieved persons, lamenting the negative impact on their livelihoods in this Free State diamond mining town.
The criminal case is proceeding, involving five employees of an engineering company, and took place in the Jagersfontein Magistrates’ Court on 11 September. According to the charge sheet, the individuals are Marius De Villiers (59), compliance officer; Petrus Johannes Combrick (60), operations manager; Petrus Jacobus Oosthuizen (60), company director; Gert Abraham Coetzee (34); and Jan Holmes Viljoen (80), both company employees. The matter was postponed to 22 October after their brief appearance. They face charges including murder, malicious damage to property, and contravention of the Health and Safety Act.
The case followed the completion of extensive evidence gathering, including forensic analysis and witness statements into events that led to the dam wall collapse in September 2022. The five were served with summons. The investigations were undertaken by the Environmental Management Inspectorates from both the Department of Forestry, Fisheries and the Environment (DFFE) and Department of Water and Sanitation (DWS), as well as the Bloemfontein Hawks’ Directorate for Priority Crime Investigation (DPCI). In addition, the department had appointed the universities of Pretoria (UP) and the Witwatersrand (Wits) to investigate the causes of the failure of the dam. The Hawks’ gathering of criminal evidence led to the latest developments.
A criminal case docket was opened and referred to the National Prosecuting Authority (NPA) of South Africa in Bloemfontein. After analysing the case docket and establishing that the activities constituted a crime, the prosecution ordered that the five men appear in court to face the charges instituted.
The toxic liquid sludge from the dam had a far-reaching impact. Five people died and several properties were damaged in the Charlesville and Itumeleng townships. The victims were identified as Aaron Ralehana Moseou, Msokoli Petrus Khuthu, Katleho Solly Olifant, and Shadrack Williams. Mantele Mokgadi from Charlesville is still missing and presumed dead.
The sludge impacted livestock, agricultural land, road infrastructure, the ecosystem, and polluted watercourses such as the Kalkfontein Dam and Processpruit River. A total of 200 houses were reportedly destroyed or damaged in the two settlements of Charlesville and Itumeleng. People in Charlesville suffered the most.
The unhappy group has filed a lawsuit against the operating company, JD, including government ministers, seeking compensation for lost property. This action is despite the company stating it made R20 million available to aid affected people. The funds were intended for immediate relief and restoration efforts. At the time of the disaster, the dam was reportedly operated by JD and owned by Stargems Group, a Dubai-based diamond trading firm.
