Criminal proceedings are set to start following the failure of the Jagersfontein fine tailings storage facility, in the Kopanong local municipality, in the Free State, on September 11, 2022.

The Department of Water and Sanitation (DWS) and the Department of Forestry, Fisheries and the Environment (DFFE), in a joint statement issued on Thursday, said that the first court appearance is scheduled for September 10 in the Magistrate’s Court in Jagersfontein.

It is anticipated that the case will be transferred to a higher court on the same day, with a full trial to follow.

The collapse of the tailings dam in Jagersfontein resulted in fatalities, destroyed homes and polluted the environment and water resources, which led the DWS to take an approach to hold those responsible accountable, to rehabilitate polluted water resources and to restore water and sanitation services in the area, as well as prevent similar tragedies from happening elsewhere in South Africa.

The DFFE, with assistance from several government partners and expert organisations, initiated a long-term rehabilitation programme.

Infrastructure such as houses and roads has since been repaired, and efforts to clean and restore the natural environment are ongoing, the cost of which is covered by the Jagersfontein Developments.

The DWS Dam Safety Regulation Directorate conducted an extensive technical study into the cause of the failure, which included site visits and expert evaluations by specialist civil engineers, such as geotechnical and hydraulic engineers from the University of Pretoria and the University of the Witwatersrand.

Parallel to this, the Environmental Management Inspectorates from both DFFE and DWS conducted a joint investigation into the incident.

A criminal case docket was finalised and referred to the National Prosecuting Authority in Bloemfontein, which has taken the decision to prosecute.

“Government remains committed to hold those responsible for this tragedy accountable, while continuing to support the long-term rehabilitation of the community and environment affected by the disaster,” the departments concluded.