But the department is not being sued for the Jagersfontein mining disaster which claimed the life of one person, injured scores and left over 200 people destitute or homeless. 

Litigation trustee, Riaan Lembertus van Wyk, says the department is being sued for a breach of statutory duties. 

On Thursday 22 September 2022, ten applicants brought the case to the High Court as a default judgment, but it was postponed to 27 October 2022 to allow for the state attorneys and counsel to respond to the class action lawsuit.

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“In 2009, Mr Esias Jeremia Gerber (one of the applicants) and several other members of the Jagersfontein community established the Jagersfontein Community Trust (JCT) IT225/2009, and in an effort to proverbially turn lemons into lemonade, JCT made an application for a prospecting right to mine the tailing dumps, as well as diamonds in kimberlite and alluvial diamonds, in terms of section 9 of the Mineral and Petroleum Resources Development Act (MPRDA).  

"The Department of Mineral Resources and Energy (DMRE) accepted said application upon the payment of a R500 application fee, requested the JCT to submit an Environmental Management Plan (EMP) and received a bank guarantee in the amount of R100 000 as a rehabilitation deposit on 8 February 2010. 

"Contrary to the MPRDA’s preamble, its objects which provides inter alia, that the state is the custodian of nations, minerals resources and to advance the historically disadvantaged persons adversely affected by the past mining activities,” he says.

Van Wyk says the process of suing the department has been an ongoing motion and Jagersfontein has somewhat exposed the rot. He says they will still sue the mine.

On Sunday 11 September 2022, houses and cars were swept away by a strong stream of mud in Jagersfontein in the Kopanong Local Municipality, after the mine dam burst at around 06:00.

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The municipality's spokesperson, Solomzi Phama, told OFM News they can confirm, without fear or favour, that there was negligence which led to the disaster. Phama said negligence was something that has been raised by the mayor, Xolani Tseletsele, even before he ascended to the position of mayor.

OFM News previously reported that frustrated residents of Jagersfontein have discussed intentions with so-called big-time Bloemfontein lawyers to sue the JDP mine following the disaster. 

Lefa Shale, community leader, said on Thursday 14 September 2022 that some of the residents met with several lawyers to discuss and map the way forward in suing the mine in question.

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Over 200 people have been affected and have since been taken to Fauresmith, a few kilometers from Jagersfontein. The mine has, however, availed R20 million to help and assist affected residents. 

According to the mine's spokesperson, Leigh-Ann Carey, R20 million has been made available with immediate effect. "[The mine] is cooperating with the law enforcement authorities and will offer every assistance to the community while undertaking a full investigation. 

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We have confirmation that the waste water is not hazardous. Jagersfontein Development remains committed to the well-being of the community and will lead clean-up operations," Carey added.

The offices of the minister and mine are yet to comment on OFM News’s inquiry.

OFM News