The charges they face include murder, malicious damage to property, and contravention of the Health and Safety Act.
Five suspects will appear in court next Wednesday in connection with the 2022 Jagersfontein tailings dam collapse that killed two people and left one person missing.
The suspects face several charges, including murder, following the mining waste disaster that devastated the Free State town almost three years ago.
The Department of Water and Sanitation (DWS) and the Department of Forestry, Fisheries and the Environment (DFFE) welcomed the commencement of criminal proceedings.
The first court appearance is scheduled for early September at the Jagersfontein Magistrate’s Court.
Jagersfontein tragedy that shook a community
The collapse of the Fine Tailings Storage Facility (FTSF) at the diamond processing operation caused severe devastation to Jagersfontein in September 2022.
Mining waste material was released into neighbouring areas, causing a catastrophic effect that would leave hundreds of people displaced from their homes.
Water and Sanitation spokesperson Wisane Mavasa said the processed mine tailings, which consist of waste materials remaining after the extraction of valuable minerals, caused widespread destruction.
Several homes, roads, and critical infrastructure sustained significant damage.
Additionally, vast areas of natural and agricultural land were buried under the waste, and nearby watercourses were also contaminated.
The disaster left many injured in its wake. Their homes and livestock were destroyed as the mining waste spread through the community.
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Government response and rehabilitation
At the time, the government, specialist organisations, and civil society mobilised to offer help to the affected community.
South African Government News Agency (SAnews) reported that a long-term rehabilitation programme has since been put in place.
The DFFE leads the programme with assistance from several state entities and expert organisations.
According to a joint statement issued by the departments on Wednesday, damaged infrastructure has been repaired.
Furthermore, houses and roads have been restored.
Jagersfontein Developments is funding continuing environmental clean-up and land restoration efforts.
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Investigation findings
The DWS Dam Safety Regulation Directorate conducted an extensive technical study into the cause of the failure.
Mavasa said extensive probes were launched to determine the cause of the tragedy.
“In parallel, the environmental management inspectorates from both the DFFE and DWS conducted a joint investigation into the incident,” she said.
According to Wisane, the investigation included site visits and expert evaluations.
Specialist civil engineers also took part in the study. These included geotechnical and hydraulic engineers from the University of Pretoria and the University of the Witwatersrand.
Path to prosecution
“A criminal case docket was finalised and referred to the National Prosecuting Authority in Bloemfontein, which has taken the decision to prosecute,” Mavasa said.
Wisane confirmed that the accused will make their first appearance in court on 10 September 2025.
“It is anticipated that the case will be transferred to a higher court on the same day, with a full trial to follow,” Wisane added.
This will pave the way for a full trial of the five suspects who face charges, including murder.
The accused reportedly comprises workers from an engineering company, including an operations manager and a compliance officer.
The charges they face include murder, malicious damage to property, and contravention of the Health and Safety Act.
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Commitment to accountability
The departments emphasised government’s commitment to justice and recovery.
“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,” they said in their joint statement.
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