Spoor said while the government has given the company permission to rebuild houses that were flooded, they do not believe it is the right course of action.
“I have a report obtained from the University of Free State which is the basis on which the government says it is safe to rebuild in the area. We have done our own report, and we believe it is not safe to rebuild in the area,” he said.
He said they have done their own study of the waste in the area and have identified a significant concentration of thallium which is extremely dangerous.
“We are very concerned that the long-term consequences of the exposure to this dust are going to be very harmful to the people in the area. We have done the size analysis — we know the size of these particles and there are very large quantities of extreme fine material, which means if you breathe it in, it will go deep inside your lungs.
“We do have people in the community complaining about itchy skin, dry skin, cracking skin, allergy responses and chest problems, coughing, asthma, that kind of thing. But it is still too early for the long term effects to show up,” he said.
Bilankulu said they were facing several litigations and were aware of this litigation. He said they felt that some of the litigations were delaying the processes of settlement, particularly with regards to the community.
“We are aware that the municipality has also submitted their papers but none of those issues has been to court,” he said.
He said much has been done since the incident to help the community. They want to rebuild the lives of people in the area and their approach was to start with rebuilding the houses “and ensure that between the incident and when they are waiting for the houses, we take care of their accommodation. We have been paying their rental in different places since September last year.”
He said they were also involved in community social responsibility initiatives.
Mine operations have resumed but the company denied assertions that the dumping of waste in a pit is polluting the nearby river.
He said they made an application to the department of water & sanitation and the Heritage Council to use the pit. “Even before we took the shareholdings of Jagersfontein Developments there were five applications that were done by our predecessors to use the pit,” he said.
The environmental report issued by the environmental affairs department and the University of Free State indicated their operation is a water-based operation, and they don’t necessarily use chemicals to process their diamonds, he said.
TimesLIVE contacted the department of co-operative governance and traditional affairs about the developments and government’s effort to rebuild the area. It referred the enquiry to the provincial Cogta department.
The provincial department is yet to comment.
TimesLIVE
Class action looms a year after mine dam burst in Jagersfontein
Journalist
Image: Thulani Mbele
Civil and criminal action is looming against Jagersfontein Developments Pty (Ltd) a year after the mine dam burst in the Free State town.
Law firm Richard Spoor Inc said it will file a civil action suit for damages suffered by community members and farmers.
A private prosecution against the company seeking a court order to force it to “clean up the mess that they have created” is also on the table, Spoor said.
“In terms of the class action, the action will be against Jagersfontein Developments, but in terms of the criminal prosecution, under the provisions of the National Water Act and National Environmental Management Act, it will be prosecuting the directors of Jagersfontein Developments,” he explained.
While the environmental case could be a protracted one, he was hoping to file the application for a class-action suit within six weeks.
He said his law firm has done research and conducted a scientific study on the tragedy which occurred on September 11 last year.
“We understand why the dam failed, we understand who is responsible for the dam failure and we are ready to file the proceedings,” he said.
He said his and another law firm were representing 60 families.
More than 100 homes were damaged in the incident, three people died and vehicles were destroyed after the sludge flooded communities.
Jagersfontein Developments stakeholder relations official Billy Bilankulu said the company has been paying for interim accommodation for the victims who lost their homes.
Spoor said while the government has given the company permission to rebuild houses that were flooded, they do not believe it is the right course of action.
“I have a report obtained from the University of Free State which is the basis on which the government says it is safe to rebuild in the area. We have done our own report, and we believe it is not safe to rebuild in the area,” he said.
He said they have done their own study of the waste in the area and have identified a significant concentration of thallium which is extremely dangerous.
“We are very concerned that the long-term consequences of the exposure to this dust are going to be very harmful to the people in the area. We have done the size analysis — we know the size of these particles and there are very large quantities of extreme fine material, which means if you breathe it in, it will go deep inside your lungs.
“We do have people in the community complaining about itchy skin, dry skin, cracking skin, allergy responses and chest problems, coughing, asthma, that kind of thing. But it is still too early for the long term effects to show up,” he said.
Bilankulu said they were facing several litigations and were aware of this litigation. He said they felt that some of the litigations were delaying the processes of settlement, particularly with regards to the community.
“We are aware that the municipality has also submitted their papers but none of those issues has been to court,” he said.
He said much has been done since the incident to help the community. They want to rebuild the lives of people in the area and their approach was to start with rebuilding the houses “and ensure that between the incident and when they are waiting for the houses, we take care of their accommodation. We have been paying their rental in different places since September last year.”
He said they were also involved in community social responsibility initiatives.
Mine operations have resumed but the company denied assertions that the dumping of waste in a pit is polluting the nearby river.
He said they made an application to the department of water & sanitation and the Heritage Council to use the pit. “Even before we took the shareholdings of Jagersfontein Developments there were five applications that were done by our predecessors to use the pit,” he said.
The environmental report issued by the environmental affairs department and the University of Free State indicated their operation is a water-based operation, and they don’t necessarily use chemicals to process their diamonds, he said.
TimesLIVE contacted the department of co-operative governance and traditional affairs about the developments and government’s effort to rebuild the area. It referred the enquiry to the provincial Cogta department.
The provincial department is yet to comment.
TimesLIVE
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