Jagersfontein residents believe that a diamond mine in the Free State is bullying residents to reach a settlement to avoid incurring the cost caused by the mine dam collapse last year.
One of the representatives of the families displaced by the disaster more than a year ago, Monamodi Maphalane, told TimesLIVE that Jagersfontein Development Pty (Ltd) had developed a contract which they were persuading residents to sign.
He said it was a challenge to engage the mine representatives who are convincing individual residents to sign agreement with the terms and conditions of the mining company.
“The first thing they tell you when you go to engage them ... is 'we don’t want you to come with your legal representatives' yet the contract that we are supposed to enter with them is compiled by their legal representative. You can see already there is something fishy,” he said.
Maphalane said some of the displaced residents were so desperate that they signed the agreements so the company could start building their houses.
“When you sign that contract the mine starts to reconstruct your house with immediate effect. I think, so far, they have started to reconstruct 30 houses,” he said.
It has been a year since the mine dam collapsed, flooding more than 100 homes, killing three people and leaving a trail of destruction in the townships of Charlesville and Itumeleng.
The mining company, however, denied using bullying tactics, indicating that the agreement was meant to bind them with the victims of the disaster to avoid further and future claims if residents changed their minds on what to claim.
The company’s stakeholder relations manager Billy Bilankulu said, “The agreement is simply saying claim things that you have told us you have lost [and] when you mention those items, we expect you to say that we are going to do one settlement agreement so that you don’t come back and claim any other things.”
He said that there wasn’t anything unusual about allowing claimants to make only one claim.
TimesLIVE has a copy of Jagersfontein Developments' re-instatement and settlement agreement.
The purpose of the agreement is "to give assurance to, and reach an agreement with, the affected property owner that JD undertakes (without accepting liability to do so) to clean, restore and/or rebuild and/or replace the affected property belonging to the affected property owner on the terms as set out.
“Without accepting any liability whatsoever and subject to the terms herein, JD agrees and undertakes to, as soon as reasonably possible and in compliance with and the subject to all lawful directives and applicable legislation, to clean, restore and/or rebuild and/or replace the affected property of the affected property owner,” reads the settlement.
One aspect which is particularly troubling to Andries Nkome, one of the lawyers representing affected residents, was that, by signing, the affected property owner acknowledges and agrees that his/her acceptance of the proposal is in full and final settlement of all claims.
“They want our clients to negotiate with the mine directly because they want to agree with them on amounts that are compromised compared to the claims that we have brought. If you read the clause, it says once the person has agreed they forgo any other claims they might have with the mine,” he said.
Richard Spoor, who is representing some of the victims, said the mine, with the blessing of the government, was intimidating residents into signing the settlement agreements.
“They say if you don’t sign these agreements with us, we will terminate your interim accommodation. The company at the moment has built more than 30 houses. It is a problem for us because some of our clients have signed these agreements,” he said.
He added that they asked them why they signed the agreements and they indicated that there was nothing they could do as they don’t have homes.
“They are saying ‘we don’t have a place to stay, and the mine says it will replace our homes and they indicated they couldn’t continue living the way they are living,” he said.
While residents and some of their lawyers believe the area is toxic and not suitable for settlement, the mining company maintains that a report on the disaster cleared them.
Bilankulu said it was either people who were misinformed or were peddling misinformation in the media.
“It is just a tactic from their side to hinder the process of rebuilding the houses and getting the mine to settle with those that have decided to settle with the mine,” he said.
He said shortly after the disaster the department of environmental affairs and the University of the Free State performed tests and it was found that there was no chemical that exposed people to toxic health.
“There was a request from the community that before residents can move in there is a need for a toxicology report. The report indicates that it is still healthy for people to live where they were living before the disaster,” he said.
Dr Robert Hansen from the University of the Free State said in the, Jagersfontein Disaster: Tailing Analysis Report, that after the disaster, samples were collected at various locations of the tailing material itself and the soil beneath it.
“The purpose of these samples was to determine the toxicity of the tailing material as well as to determine the impact the tailings material had on the soil in the area.”
The report states that the tailing material does contain elevated concentrations of nickel, chrome and barium. These are the elements contained in the minerals of the kimberlite geology, the rock from which diamonds are extracted.
“The mineralogical and total chemical results thus indicate that the tailings material is not toxic and does not pose a chemical toxicity risk for humans or the environment,” it reads.
Maphalane said although the report allowed them to reconstruct the houses, the department of water and sanitation believes that the only report that can be considered with the recommendations would be a study done by the approved professional person (APP).
He said the department gave the mining company a directive to get the app and the company requested an extension as the time frame had lapsed.
The department of water and sanitation (DWS) is yet to confirm these directives.
Maphalane said during the meeting with deputy minister of Cogta, Parks Tau, last Wednesday, he assured them that the mine has decided to build at its own risk.
“If it means that report comes out and says that you can’t construct on the same land it means you need to demolish. That is the risk we were told by the deputy minister, but he assured us that an approved professional person’s report is submitted to the DWS and [if it states it is not safe] none of the people who have signed agreements will ever occupy the houses,” he said.
Bilankulu added that as of Tuesday, the contractor was working on 38 houses out of 70 and there are other houses that need to be refurbished or renovated.
Free State Cogta spokesperson Athenkosi Mabona said about three families had moved into their houses.
He said the department was not involved in building houses in that area. They administer and advise on compliance as well as co-ordinate/facilitate state entities (NHBRC).
He said one of the delays in building houses was caused by local contractors who were not compliant with the NHBRC processes.
He added that in response to the disaster and the contravention of the National Water Act by the mine, the DWS has initiated legal action by opening the case with the police.
“DWS is also in the process of approaching the courts regarding this matter. As of the current status, the government is unaware of any formal litigation processes being initiated or formal notice being served to either the government or Jagersfontein Developments,” he said.
He said Free State CoGTA has committed to providing "a substantial financial injection" of R6m to the Kopanong local municipality to address critical issues related to sewerage blockages after the disaster.
“In parallel, the department of public works will expedite an advance payment totalling R7.5m to Kopanong, primarily intended to settle outstanding property tax and rates. Kopanong Local Municipality will allocate the received R7.5m as a downpayment towards its significant debt obligation to Bloem Water, estimated at approximately R643m,” he said.
He added that three houses have been successfully completed, with eight at the wall plate construction stage, and 17 at the foundation level.
“Additionally, 37 houses have been demolished to pave the way for reconstruction, while 21 houses are undergoing repair work. A significant milestone has been the removal of asbestos roofing from 57 houses, and one asbestos roof has already been replaced. Roofing materials for 21 houses have been delivered to the construction site.”
TimesLIVE
Jagersfontein residents feel pressured to sign settlement after mine disaster
Image: Thulani Mbele
Jagersfontein residents believe that a diamond mine in the Free State is bullying residents to reach a settlement to avoid incurring the cost caused by the mine dam collapse last year.
One of the representatives of the families displaced by the disaster more than a year ago, Monamodi Maphalane, told TimesLIVE that Jagersfontein Development Pty (Ltd) had developed a contract which they were persuading residents to sign.
He said it was a challenge to engage the mine representatives who are convincing individual residents to sign agreement with the terms and conditions of the mining company.
“The first thing they tell you when you go to engage them ... is 'we don’t want you to come with your legal representatives' yet the contract that we are supposed to enter with them is compiled by their legal representative. You can see already there is something fishy,” he said.
Maphalane said some of the displaced residents were so desperate that they signed the agreements so the company could start building their houses.
“When you sign that contract the mine starts to reconstruct your house with immediate effect. I think, so far, they have started to reconstruct 30 houses,” he said.
It has been a year since the mine dam collapsed, flooding more than 100 homes, killing three people and leaving a trail of destruction in the townships of Charlesville and Itumeleng.
The mining company, however, denied using bullying tactics, indicating that the agreement was meant to bind them with the victims of the disaster to avoid further and future claims if residents changed their minds on what to claim.
The company’s stakeholder relations manager Billy Bilankulu said, “The agreement is simply saying claim things that you have told us you have lost [and] when you mention those items, we expect you to say that we are going to do one settlement agreement so that you don’t come back and claim any other things.”
He said that there wasn’t anything unusual about allowing claimants to make only one claim.
TimesLIVE has a copy of Jagersfontein Developments' re-instatement and settlement agreement.
The purpose of the agreement is "to give assurance to, and reach an agreement with, the affected property owner that JD undertakes (without accepting liability to do so) to clean, restore and/or rebuild and/or replace the affected property belonging to the affected property owner on the terms as set out.
“Without accepting any liability whatsoever and subject to the terms herein, JD agrees and undertakes to, as soon as reasonably possible and in compliance with and the subject to all lawful directives and applicable legislation, to clean, restore and/or rebuild and/or replace the affected property of the affected property owner,” reads the settlement.
One aspect which is particularly troubling to Andries Nkome, one of the lawyers representing affected residents, was that, by signing, the affected property owner acknowledges and agrees that his/her acceptance of the proposal is in full and final settlement of all claims.
“They want our clients to negotiate with the mine directly because they want to agree with them on amounts that are compromised compared to the claims that we have brought. If you read the clause, it says once the person has agreed they forgo any other claims they might have with the mine,” he said.
Richard Spoor, who is representing some of the victims, said the mine, with the blessing of the government, was intimidating residents into signing the settlement agreements.
“They say if you don’t sign these agreements with us, we will terminate your interim accommodation. The company at the moment has built more than 30 houses. It is a problem for us because some of our clients have signed these agreements,” he said.
He added that they asked them why they signed the agreements and they indicated that there was nothing they could do as they don’t have homes.
“They are saying ‘we don’t have a place to stay, and the mine says it will replace our homes and they indicated they couldn’t continue living the way they are living,” he said.
While residents and some of their lawyers believe the area is toxic and not suitable for settlement, the mining company maintains that a report on the disaster cleared them.
Bilankulu said it was either people who were misinformed or were peddling misinformation in the media.
“It is just a tactic from their side to hinder the process of rebuilding the houses and getting the mine to settle with those that have decided to settle with the mine,” he said.
He said shortly after the disaster the department of environmental affairs and the University of the Free State performed tests and it was found that there was no chemical that exposed people to toxic health.
“There was a request from the community that before residents can move in there is a need for a toxicology report. The report indicates that it is still healthy for people to live where they were living before the disaster,” he said.
Dr Robert Hansen from the University of the Free State said in the, Jagersfontein Disaster: Tailing Analysis Report, that after the disaster, samples were collected at various locations of the tailing material itself and the soil beneath it.
“The purpose of these samples was to determine the toxicity of the tailing material as well as to determine the impact the tailings material had on the soil in the area.”
The report states that the tailing material does contain elevated concentrations of nickel, chrome and barium. These are the elements contained in the minerals of the kimberlite geology, the rock from which diamonds are extracted.
“The mineralogical and total chemical results thus indicate that the tailings material is not toxic and does not pose a chemical toxicity risk for humans or the environment,” it reads.
Maphalane said although the report allowed them to reconstruct the houses, the department of water and sanitation believes that the only report that can be considered with the recommendations would be a study done by the approved professional person (APP).
He said the department gave the mining company a directive to get the app and the company requested an extension as the time frame had lapsed.
The department of water and sanitation (DWS) is yet to confirm these directives.
Maphalane said during the meeting with deputy minister of Cogta, Parks Tau, last Wednesday, he assured them that the mine has decided to build at its own risk.
“If it means that report comes out and says that you can’t construct on the same land it means you need to demolish. That is the risk we were told by the deputy minister, but he assured us that an approved professional person’s report is submitted to the DWS and [if it states it is not safe] none of the people who have signed agreements will ever occupy the houses,” he said.
Bilankulu added that as of Tuesday, the contractor was working on 38 houses out of 70 and there are other houses that need to be refurbished or renovated.
Free State Cogta spokesperson Athenkosi Mabona said about three families had moved into their houses.
He said the department was not involved in building houses in that area. They administer and advise on compliance as well as co-ordinate/facilitate state entities (NHBRC).
He said one of the delays in building houses was caused by local contractors who were not compliant with the NHBRC processes.
He added that in response to the disaster and the contravention of the National Water Act by the mine, the DWS has initiated legal action by opening the case with the police.
“DWS is also in the process of approaching the courts regarding this matter. As of the current status, the government is unaware of any formal litigation processes being initiated or formal notice being served to either the government or Jagersfontein Developments,” he said.
He said Free State CoGTA has committed to providing "a substantial financial injection" of R6m to the Kopanong local municipality to address critical issues related to sewerage blockages after the disaster.
“In parallel, the department of public works will expedite an advance payment totalling R7.5m to Kopanong, primarily intended to settle outstanding property tax and rates. Kopanong Local Municipality will allocate the received R7.5m as a downpayment towards its significant debt obligation to Bloem Water, estimated at approximately R643m,” he said.
He added that three houses have been successfully completed, with eight at the wall plate construction stage, and 17 at the foundation level.
“Additionally, 37 houses have been demolished to pave the way for reconstruction, while 21 houses are undergoing repair work. A significant milestone has been the removal of asbestos roofing from 57 houses, and one asbestos roof has already been replaced. Roofing materials for 21 houses have been delivered to the construction site.”
TimesLIVE
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