By Johnathan Paoli
The long-awaited prosecution into the 2022 Jagersfontein tailings dam collapse is finally set to begin, nearly three years after the disaster devastated the Free State mining town.
The Departments of Water and Sanitation, and Forestry, Fisheries and the Environment confirmed that the National Prosecuting Authority (NPA) has finalised a criminal case docket following joint investigations into the failure of the Jagersfontein Fine Tailings Storage Facility (FTSF).
“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 said in a joint statement.
Five suspects, all employees of an engineering company, have been summoned to appear in the Jagersfontein Magistrate’s Court on 10 September 2025.
The collapse released a torrent of mine waste into nearby communities, killing at least two people, leaving one unaccounted for, and destroying homes, infrastructure, and grazing land.
Hawks spokesperson in the Free State, Lieutenant Colonel Zweli Mohobeleli, said the accused, aged between 34 and 80, include operations and compliance managers.
They face charges of murder, malicious damage to property, and contraventions of the Health and Safety Act.
“The five suspects are expected to make their first appearance on 10 September, with the matter likely to be transferred to a higher court,” Mohobeleli said.
The date falls just one day before the third anniversary of the disaster.
The Jagersfontein tailings dam collapsed in the early hours of 11 September 2022, unleashing more than six million cubic metres of toxic grey sludge.
The torrent carved a path through the neighbouring communities of Charlesville and Itumeleng, sweeping away homes, cars, livestock and infrastructure.
Satellite imagery released by the South African National Space Agency at the time showed a swathe of destruction cutting across farmland and rivers.
Government investigations revealed that about 1 600 hectares of agricultural and grazing land were contaminated, nearly 160 homes were destroyed or severely damaged, and around 900 head of livestock were lost.
While initial corporate reports suggested only two deaths, community organisations have since confirmed at least five fatalities linked to the collapse.
Following the disaster, the Dam Safety Regulation Directorate led an extensive technical study with civil engineers from the University of Pretoria and the University of the Witwatersrand.
Parallel investigations were conducted by Environmental Management Inspectorates from both departments.
Their findings, along with criminal investigations by the Hawks, were compiled into a docket handed to the NPA in July 2025.
In the aftermath, the state and civil society groups provided emergency relief, while Jagersfontein Developments, operators of the dam, committed to funding rehabilitation and compensation measures. Houses and roads have been repaired, but environmental rehabilitation is ongoing.
Local advocacy groups welcomed the prosecutions but expressed concern over the slow pace of justice.
In a joint statement, the Jagersfontein Lerumo Justice Forum and the South African Tailings Civil Society Working Group stressed the frustration of justice.
“For three years, the victims’ families and the broader community have been denied truth and justice. While this prosecution is a beginning, we fear it will be a long process,” the statement read.
The organisations said residents will mark the third anniversary of the collapse with a commemoration event on 11 September.
They also reiterated demands for a formal inquest into the deaths, public release of the water and sanitation department’s investigation report, and a comprehensive reparations programme to address housing quality, land reform, and long-term social support.
Community leaders argue that early warnings about the dam’s instability had been raised with authorities but were ignored.
They say the disaster highlighted dangerous regulatory loopholes, as tailings storage facilities like Jagersfontein’s were not covered under the country’s main mining safety legislation at the time.
Proposed reforms to close this gap are currently under consideration in Parliament.
President Cyril Ramaphosa and Mineral Resources Minister Gwede Mantashe promised in 2022 that families would be compensated and homes rebuilt.
But residents say commitments remain unmet, with some rebuilt houses of poor quality and broader reparations lacking.
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