Residents, municipality sue mine company over mudslide damage

Lawyers still to determine compensation amount

Jagersfontein residents look at the damage caused by the mine's tailings dam wall collapse.
Jagersfontein residents look at the damage caused by the mine's tailings dam wall collapse.
Image: GCIS

Residents of Charlesville in Jagersfontein, with their municipality, have approached a law firm to sue the diamond mining company whose wastewater dam collapsed, leading to the destruction of homes and public infrastructure.

Yesterday, lawyer Andries Nkome told eNCA news channel that Phosa Loots Attorneys have started preparing to sue the owner of  the company for the houses that were lost and the infrastructure that was damaged by the sludge.

“We have received instructions from the Kopanong local municipality because they have suffered damages as a result of clogging of their sewer and water systems as well as electricity infrastructure.

“We’ve also received instructions  on behalf of the affected families – those who have lost houses and properties. We are in the process  of receiving further instruction from those who have lost loved ones, those that ended up in hospital and those that ended up losing their livestock,” said Nkome.

On Sunday, one person died and about 300 were displaced when the walls of a waste dam collapsed in Jagersfontein, Free State, washing away people’s homes, cars and livestock.

Nkome said about 160 homes were damaged by the mud sludge. He said the mud also damaged infrastructure for the municipality.

“In respect of the municipality, the whole sewer system has collapsed. The whole water reticulation system has collapsed and there is a breakage in communication lines and Eskom lines,” he said.

Nkome said the lawyers were having meetings with representatives from the mine to be sure that they sue the rightful owners of the diamond mine.

“We are having discussions with the attorney that says he represents the owners. We’ve said to him that in as much as there is some offer of an olive branch…we need to know who sent him so that when we sue, we know that we are suing the right owners,” he said.

Nkome said lawyers have started building the plaintiff's case but the amount of compensation will only be determined at a later stage.

The company has set aside R20m which is being used to pay for food and other necessities that displaced families need.

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