South Africa: Prosecution to Commence Over Jagersfontein Tailings Dam Failure

4 September 2025

The Department of Water and Sanitation (DWS), in collaboration with the Department of Forestry, Fisheries and the Environment (DFFE), have confirmed that criminal proceedings are set to commence following the 2022 tragic collapse of the Jagersfontein Fine Tailings Storage Facility (FTSF).

The collapse of the FTSF caused severe devastation to the town of Jagersfontein in the Free State, claiming two lives and leaving one person still unaccounted for.

The release of processed mine tailings, which are waste materials left over after valuable minerals are extracted during the mining process, resulted in extensive destruction to houses, roads, and other infrastructure, while large areas of natural and agricultural land, as well as surrounding watercourses, were covered in waste material.

In response, government agencies, specialist organisations, and civil society rallied to provide relief to affected community and its livestock.

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A long-term rehabilitation programme, led by the DFFE with assistance from several state entities and expert organisations, has since been implemented.

In joint statement issued on Wednesday, the departments reported that damaged infrastructure, including houses and roads, has been repaired, and ongoing environmental clean-up and land restoration efforts are being funded by Jagersfontein Developments.

According to the departments, the DWS Dam Safety Regulation Directorate conducted an extensive technical study into the cause of the failure.

"This included site visits and expert evaluations by specialist civil engineers, i.e. 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 (NPA) in Bloemfontein, which has taken the decision to prosecute," the departments said.

The first court appearance is scheduled for 10 September 2025 at the Jagersfontein Magistrate's Court. It is expected that the case will be transferred to a higher court the same day, paving the way for a full trial.

"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."

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