Justice Delayed is Justice Denied
Petition on the Failure of Government, the Mining Council, and the Mining Company to Effectively Respond to the Jagersfontein Tailings Disaster
To: The Government of the Republic of South Africa, The South African Mining Council, The Management of Jagersfontein Development (Pty) Ltd, and All Relevant Authorities
We, the undersigned, hereby submit this petition to bring urgent attention to the persistent and profound failures in the response to the Jagersfontein Tailings Disaster. Our voices echo the anguish and frustration of a community whose lives, land, and livelihoods have been irreversibly impacted by a tragedy born of neglect. We assert unequivocally: justice delayed is justice denied.
Background to the Jagersfontein Tailings Disaster
On 11 September 2022, the catastrophic collapse of the Jagersfontein tailings dam unleashed a torrent of toxic mine waste across the small Free State town. Within moments, homes were engulfed, livestock swept away, and the landscape irreparably scarred. At least five people lost their life's dozens were injured, and hundreds were left homeless. The environmental devastation stretched for kilometres, polluting rivers and farmlands, threatening not only human health but the very future of the community.
This disaster was not an unforeseeable act of nature, but a direct consequence of regulatory complacency, corporate neglect, and a systemic failure to heed the warnings of history and the people most at risk. The echoes of Marikana and Brumadinho are not lost on us; Jagersfontein joins a tragic litany of mining communities betrayed by those who promised stewardship and safety.
Failures of Government
The South African government, charged with the duty to regulate, monitor, and protect its people, failed to ensure that the Jagersfontein tailings facility met even the basic standards of safety and oversight. Repeated calls for transparency were met with silence or obfuscation. Reports of structural vulnerabilities at the dam, brought to the attention of local and national authorities, were never meaningfully addressed.
In the aftermath, the government’s response has been lethargic and insufficient. Emergency relief was slow to arrive, coordination among agencies disorganised, and recovery support minimal. To date, many victims remain in temporary housing, their needs unmet, and their voices unheard. The promise of thorough, independent investigation lingers unfulfilled; findings, if published, have not yielded accountability or reform.
Failures of the Mining Council
The South African Mining Council, tasked with industry oversight and the promotion of best practices, has been complicit through inaction. It failed to enforce compliance with tailings management standards, despite mounting evidence of risk. Its responses in the wake of the disaster have lacked both urgency and empathy, offering platitudes in place of tangible support.
The council’s silence on issues of compensation, rehabilitation, and prevention of future tragedies speaks volumes. The absence of robust, independent monitoring and the lack of transparent reporting on tailings safety have put profit before people. Such dereliction endangers not just Jagersfontein, but every mining community in South Africa.
Failures of the Mining Company
Jagersfontein Development (Pty) Ltd, the operator of the tailings dam, bears the greatest burden of responsibility. The company failed to implement internationally recognised safety standards in the design, operation, and maintenance of the facility. Reports suggest that cost-cutting and lack of qualified oversight contributed to the dam's instability.
In the immediate aftermath, the company’s communication with affected residents was opaque and defensive, with little acknowledgment of liability or responsibility. Offers of compensation have been inconsistent and woefully inadequate, with many families still struggling to rebuild their lives without meaningful support. Promised environmental remediation has not materialised, and local water sources remain contaminated.
Community Impact and Ongoing Harm
The people of Jagersfontein have endured trauma, displacement, and a loss of trust that cannot be measured in rands or hectares. Children have missed months of schooling; farmers face ruin; elders speak of ancestral lands rendered barren. Mental health support is virtually nonexistent, and the social fabric of the town grows ever more fragile.
The environmental consequences are no less dire. Toxic sediment chokes rivers and fields, threatening agriculture for years to come. Wildlife has vanished, and the region’s unique biodiversity faces collapse. Inaction compounds these harms, deepening the wound with every passing day.
Our Demands
We call upon all responsible parties to heed the following demands, not as a checklist, but as a moral imperative:
Immediate, transparent, and independent investigation into the causes of the tailings dam failure, with full public disclosure of findings.

Urgent reparations and adequate compensation to all victims, including those displaced, injured, or bereaved.

Provision of permanent, safe housing and infrastructure for all affected residents.

Comprehensive environmental remediation of contaminated land and water, with regular, transparent updates to the community.

Accountability measures: prosecution of any individuals or entities found negligent or complicit in the disaster.

Immediate mental health and social support services for affected families and individuals.

Review and overhaul of tailings management regulations at national and provincial levels, with meaningful community participation.

Establishment of an independent watchdog to monitor mining waste facilities across the country, with real enforcement powers.
As peace and justice loving organizations the Jagersfontein Lerumo Justice Forum have approached the Jagersfontein Police Station about the deaths of 5 people linked directly to the disaster. In this they are supported by the CSOs Tailings Working Group.we confirm and the groups confirm that since no inquest had been held, we request that a joint investigation in terms of the INQUEST ACT 58 or 1959 be urgently convened.

In terms of the Inquest Act section 16 (1) and (2). This will be a joint investigation including the Occupational Health and Safety Act bringing together the Police, the department of Labour and relevant authorities must be convened. Since the mine was deemed not to be a mine, it nevertheless remains a workplace and in terms of both these acts, an inquiry into unnatural deaths needs to occur.

In the Inquests Act the:
(2) The magistrate holding an inquest shall record a finding upon the inquest
(a) as to the identity of the deceased person;
(b) as to the cause or likely cause of death;
(c) as to the date of the death; (cf) as to whether the death We demand a joint inquest in terms of the Inquests Act 58 of 1959

The Magistrate, has mandatory duty under Section 33 of the Inquests Act to immediately convene an inquest into the deaths of the following people we deem unnatural:
Aaron Ralehana Moseou 1944-10-21 (Jagersfontein Town)
Mantele Mokgadi Born: 1971-12-20 Still missing, presumed dead (Charlesville
Msokoli Petrus Khuthu Born: 1960-08-28 (Itumeleng township)
Katleho Solly Olifant, male, from (Charlesville township)
Shadrack Williams Itumeleng (male, aged 70

We believe the inquest is important and integral to a sustainable democracy. When such an inquiry is held it will formalise the process of obtaining justice and helps to counter rumours and suspicions of their death. For the Society at large, the failure to convene undermines public trust and accountability in the system of governance.

This case will have to go to the National Prosecuting Authority (NPA) to explain why there was no inquest held. If this was a ground for negligence, appropriate remedial action must be undertaken. By now they ought to have received prima facie evidence of a criminal offence or negligence about who caused these deaths. This process ought to have already been at the office of the Director of Public Prosecutions (DPP) within the NPA to consider instituting criminal proceedings. As we all know, a criminal trial cannot take place without a prosecution and the community cannot wait for justice to be seen to be done and finally done.

We also demand that the Department of Water and Sanitation Instigated report be made public with immediate effect. The investigation was undertaken in terms of section 151 of the National Water Act on Water Pollution Liability. It pertains to the release of a substance (slimes/mine process waste materials) that pollutes or has the potential to pollute water resources. The report apparently is with the National Prosecuting Authority. We demand its release now and prosecution of the corporation and all implicated

It is hoped that this DWS investigation report -not available to us - will give clarity to the systemic problems emanating from the tailings disaster and find ways of identifying dangerous policing practices as well as Standard Operating Procedures and practices that have guided this unsafe mine.The failure to obtain quality information reflects the serious legal and ethical failures by the authorities.

Thirdly, we recommend a truly inclusive reparations and restitution programme, which would include land reform, jobs and social security support for struggling households.
Minister of Mineral Resources and Energy Gwede Mantashe speaking at that time of disaster said the damages caused by floods, whilst saying it did not fall in his jurisdiction did admit that:"Compensation for fatalities, compensation in terms of damage to property will be taken as a responsibility of the company that owns the slimes dam".
The community has many challenges following Covid 19, followed by the disaster. Amongst their challenges is rebuilding community and tackling rampant poverty and marginalisation .

Conclusion
Justice for Jagersfontein cannot be postponed, diluted, or denied. The suffering of this community stands as an indictment of a system that has too often prioritised profit over people, and expedience over ethics. It is long past time for decisive action, honest accounting, and genuine redress.
We urge all signatories—government officials, mining executives, council members, and concerned citizens—to honour the memory of those lost, the resilience of those who remain, and the implicit promise that no community should ever again suffer such betrayal. Let this petition be the clarion call for a new era of mining accountability, justice, and respect for human dignity.
Justice delayed is justice denied. Let justice begin now.
In Solidarity
Jagersfontein Lerumo Justice Forum
CSOs Tailings Working Group
Benchmark Marks Foundation