The collapse of the Jagersfontein tailings dam in September 2022 was one of South Africa’s worst mining-related environmental disasters. Three years later, prosecutions are underway, marking a decisive shift in how environmental negligence is treated by our courts.

For the first time, individuals including engineers, a compliance officer, and an operations manager face criminal charges of murder, malicious damage to property, and contraventions of the Health and Safety Act. This unprecedented development signals a new era in environmental law enforcement in South Africa, with major implications for mining companies, regulators, and affected communities.

The Disaster at Jagersfontein: Human, Environmental, and Economic Impact

On 11 September 2022, the Jagersfontein tailings dam in the Free State collapsed, releasing a toxic flood of mine residue that devastated the communities of Charlesville and Itumeleng.

• Human impact: 3 people were killed, one remains missing, and over 300 residents were displaced.
• Property damage: Homes, farmland, vehicles, and livestock were destroyed.
• Environmental damage: Soil, rivers, and biodiversity were contaminated, with long-term impacts on agriculture and water security.

The South African Human Rights Commission described the event as one of the worst environmental catastrophes in post-apartheid South Africa.

Investigations and Findings

Multiple agencies launched urgent inquiries:

• The Department of Water and Sanitation (DWS) engaged engineering experts who identified structural instability and poor residue management as the causes.
• The Departments of Forestry, Fisheries and the Environment (DFFE) and DWS inspectors conducted joint investigations.
• The Hawks (DPCI) gathered criminal evidence.

In 2025, the National Prosecuting Authority concluded there was sufficient evidence to prosecute five individuals, aged 34 to 80, who will stand trial in the Jagersfontein Magistrate’s Court.

Why the Prosecutions Matter

1. Criminal Liability for Environmental Harm

By laying murder charges, the state has elevated environmental negligence to a matter of life and death. This shifts environmental harm from a “compliance issue” to a criminal justice issue.

2. Personal Accountability

For the first time, individual professionals, not just companies, are being prosecuted. This breaks through the corporate veil, warning directors, compliance officers, and managers that they may face personal liability for negligence.

3. Closing the Accountability Gap

Civil society has long criticised the way mining risks are externalised onto vulnerable communities. Jagersfontein, situated above historically marginalised townships, exposed these inequities. Criminal enforcement is a step toward closing this gap and aligning with South Africa’s constitutional environmental rights (Section 24).

Implications for Mining and Governance

• Tailings management under scrutiny: International standards like the Global Industry Standard on Tailings Management (GISTM) may gain traction locally.
• Board-level responsibility: Directors and executives can no longer delegate environmental compliance downwards. Active oversight is essential.
• Financing and insurance risk: Lenders and insurers will likely tighten due diligence around residue storage facilities. Non-compliance could limit access to capital.
• Regulatory reform: The DWS has signalled a review of dam safety regulations, with stronger design standards, independent audits, and mandatory reporting expected.

Human Rights and Environmental Justice

The prosecutions also highlight the intersection of environmental law and social justice. Communities downstream of mining infrastructure often carry disproportionate risks without sharing in economic benefits. By holding individuals criminally accountable, the state reinforces its duty to protect vulnerable communities and affirms that environmental justice is inseparable from human rights.

Looking Ahead: The Future of Environmental Governance in South Africa

The Jagersfontein prosecutions could define a new chapter in South African environmental governance:

• If convictions are secured with meaningful penalties, the case will set a lasting deterrent precedent.
• If enforcement falters, the opportunity for reform could be lost.

For mining companies, the lesson is clear: environmental negligence is no longer only a financial or reputational risk, it is a criminal risk.

Conclusion: Protecting Communities, Businesses, and the Environment

The Jagersfontein dam collapse exposed the tragic consequences of poor environmental oversight. But the prosecutions now underway may be remembered as a turning point. They mark a shift from weak enforcement to real accountability, for individuals, companies, and regulators alike.

At Bishop Fraser Attorneys, we work with mining companies, boards, and compliance teams to ensure risks are identified, managed, and addressed before they escalate into liability.

The message is simple: protect your communities, protect your environment, and protect your business.