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Lawyers ready for Jagersfontein class action suit

Publish date: 18 September 2023
Issue Number: 1045
Diary: IBA Legalbrief Africa
Category: South Africa

An applicaton for a class action suit for damages suffered by the community after the Jagersfontein mine dam burst, is expected to be filed within six weeks. Law firm Richard Spoor Inc said a private prosecution against Jagersfontein Development Inc, seeking a court order to force it to ‘clean up the mess that they have created’, was also on the table. ‘In terms of the class action, the action will be against Jagersfontein Developments, but in terms of the criminal prosecution, under the provisions of the National Water Act and National Environmental Management Act, it will be prosecuting the directors of Jagersfontein Developments,’ said Spoor. According to TimesLIVESpoor said his law firm has done research and conducted a scientific study on the tragedy which occurred on 11 September last year. ‘We understand why the dam failed, we understand who is responsible for the dam failure and we are ready to file the proceedings,’ he said. He said his and another law firm were representing 60 families. More than 100 homes were damaged in the incident, three people died and vehicles were destroyed after the sludge flooded communities. Jagersfontein Developments stakeholder relations official Billy Bilankulu said the company has been paying for interim accommodation for the victims who lost their homes. However, Spoor said: 'I have a report obtained from the University of Free State which is the basis on which the government says it is safe to rebuild in the area. We have done our own report, and we believe it is not safe to rebuild in the area.’ He said they have done their own study of the waste in the area and have identified a significant concentration of extremely dangerous thallium.

Full TimesLIVE report

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