Latest News Archive

Please select Category, Year, and then Month to display items

Jagersfontein dam burst: Understanding the disaster-declaration process

21 September 2022 | Story Dr Olivia Kunguma. | Photo Supplied

Opinion article by Dr Olivia Kunguma, Disaster Management Training and Education Centre for Africa, University of the Free State, and Dr Mmaphaka Tau, Managing Director: Resilience 4 Development Institute (Pty) Ltd.

On 11 September 2022 a tailings dam wall collapsed at the abandoned Jagersfontein diamond mine in the Free State’s Kopanong Local Municipality, unleashing a thick grey sludge.

The mine is in the Xhariep District Municipality, which is home to about 5 800 people. Following the dam burst, more than 400 people were affected, 51 houses were destroyed, and critical infrastructure was affected.

The dam burst at the mine, which was established in the 1800s and to date has been owned by several mine moguls, led to serious devastation in the community. Within hours of the event the media had already dubbed it the “Jagersfontein disaster”.

But the media cannot loosely report it as a “disaster”. It is not the appropriate classification according to the Disaster Management Act. There is a need for governing institutions and their legislation to be respected and recognised, as this will improve on governance. South Africa has good policies, but implementation is, in certain areas, lacking. Hereunder, we note that there is inappropriate use of terminology, which depicts the inadequate understanding of the disaster risk management function.

What is a disaster?

The DMA defines a “disaster” as a progressive, sudden, widespread, natural, or man-made occurrence that causes or threatens to cause death, disease or injury, damage to the environment, and disruption of life. According to the Act, it is of a magnitude that “exceeds the ability of those affected by the disaster to cope with its effects using only their resources”. At the international level, the United Nations International Strategy for Disaster Reduction (UNISDR) developed a terminology guide that aims to promote a common understanding and usage of disaster management concepts. It assists the authorities and the public (in this case, by “public” we refer mainly to the media) in educating the populace.

For the dam burst to be termed a “disaster”, several steps must be adhered to within South African jurisprudence:

The National Disaster Management Centre (NDMC) must first assess the magnitude and severity of the event, and then classify it as a local, provincial, or national disaster. This assessment also considers the provisions of Section 2 (1)(b) of the DMA, stating that the Act does not apply to an occurrence that can be dealt with in terms of other legislation. The rationale of the above is that the National Disaster Management Framework of 2005 (NDMF) provides that disaster management plans must be developed by relevant organs of states and other entities, who are the custodians of certain hazards or activities to manage disaster risks in their areas of legislative responsibility. For example, mining-related activities are the responsibility of the Department of Mineral Resources and Energy. This department’s mission is clear: to regulate, transform and promote the mineral and energy sectors.

Since the event or incident occurred in a local sphere of government (Kopanong Local Municipality), it can then be classified as a local disaster subject to the satisfaction of the provisions of Section 2(1)(b). According to Section 23(4) of the DMA, an event can be classified as a “local disaster” if it affects a single local metropole, district, or municipality, and that entity can deal with the event effectively. The district municipality and the local municipality are responsible for the coordination and management of the local disaster.

If the event has not been declared as a local state of disaster, other existing legislation, contingency arrangements, or by-laws can guide the management of the event in line with the appropriate contingency arrangements. Other government spheres and state organs can still assist with the management of the event in line with the applicable disaster risk management plans called for under the National Disaster Management Frameworks.

Dr Mmaphaka Tau

Of critical importance and aligned to the thrust of the District Development Model is the provision of Section 54 (4) of the DMA, which asserts that “irrespective of whether a local state of disaster has been declared in terms of section 55, a national or provincial organ of state, or another municipality or municipal organs of state are not precluded from providing assistance to a municipality to deal with a local disaster and its consequences”.

In the same way, and on the strength of section 23 of the DMA, suppose the event has been classified as a local disaster: there are added benefits to dealing with the occurrence, especially in the face of a lack of robust disaster risk management plans and the dearth of disaster risk management implementation capacity both for coordination (by Disaster Management Centres) and mainstreaming (by relevant organs of state and other entities). In that case, the municipal council may declare a local state of disaster by notice in the provincial gazette (See Section 55 of the DMA).

The disaster declaration will then provide for measures such as, but not limited to:

• Available resources such as facilities, vehicles, and funding are released;

• Personnel of the organs of the state are released to render emergency services;

• Evacuation of the affected population to temporary shelters;

• The regulation of movement;

• The dissemination of information;

• The maintenance and/or installation of temporary lines of communication; and

• The suspension of or limiting of alcohol in disaster-stricken areas.

•Therefore, until all the above processes have been followed, the Jagersfontein dam burst can only be termed a “disaster” without the ability to apply the above measures.

Who is responsible, and how can we move forward?

Jagersfontein Developments (Pty) Ltd owns the mine, implying that it should be their primary responsibility, as the asset owner, to actively contribute to the management of the occurrence of an incident. Even the Minister of Mineral Resources and Energy, Gwede Mantashe, rightfully stated that the responsibility of compensating affected individuals would be placed on the mine owners. According to the Mine Health and Safety Act 29 of 1996 and its regulations, “the employer must take reasonable measures to ensure that no person is injured as a result of the failure of any dam wall”. It was reported that the company was warned of the tailings exceeding the authorised waste volumes. But the company did not attend to the warning. It is also assumed that the company is aware of the policies, legislation and standards they should adhere to, such as the Global Industry Standard on Tailings Management (GISTM), which strives to achieve the goals of zero harm to people and the environment, mine safety, and to mitigate catastrophic failure through tailings management. Fortunately, the company has taken full responsibility and has accepted liability. They have also refrained from calling Jagersfontein a ‘mine’, opting to call it a “processing facility”. Perhaps this also has legal implications.

Nonetheless, besides the company taking full responsibility, the government must also play its part and make sure that policies, legislation, standards, etc. are implemented, and that there is full compliance.

They cannot wait for a catastrophic event to occur and then start pointing fingers. This scenario calls for an embracing of the principles and practices of risk-informed development, which calls for an understanding of development that considers multi-faceted, dynamic, interdependent, transboundary, simultaneous, and systemic risks. It thus describes a shift in mindset – across sectors and stakeholders – from managing single hazards to incorporating existing and future risks in all development processes from the outset, and therefore choosing development pathways that prevent the creation of risks. The Jagersfontein case study is a classic case of an ignored Risk Informed Development (RID) approach, which is gravely regrettable.

The limited understanding of the various stakeholders’ roles and responsibilities, and the misinterpretation of important terminology, call for robust capacity development programmes driven by the National Disaster Management Centre in collaboration with Provincial and Municipal Disaster Management Centres. There is also a palpable need for a firm implementation of Priority 1 (Understanding Disaster Risk) of the Sendai Framework for Disaster Risk Reduction 2015-2030 (SFDRR), which states that policies and practices for disaster management should be based on an understanding of risks in all dimensions of vulnerability, capacity, exposure of persons and assets, hazard characteristics, and the environment.

News Archive

During 2011: Highlights at the UFS

2011-12-01

2011 was a phenomenal year in the life of the University of the Free State and the memorable moments will be engraved in the history of this proud institution.

World Universities Forum honours the UFS

The UFS was awarded the World Universities Forum (WUF) Award for Best Practice in Higher Education during 2010.The Best Practice Award recognises the most significant practices of the year around the world. The university’s implementation of a number of interlocking innovations to transform the institution is recognised with the award.

These innovations include: campus-wide racial integration for students; reinvigoration of the academic culture; nurturing of the most promising young scholars by means of the Vice-Chancellor's Prestige Young Scholars Programme; sending 71 first-year students to top American universities to assist with their development into non-racial campus leaders; the revision of the undergraduate curriculum to promote a cross-disciplinary approach to key societal problems; raising the entry requirements; the facilitation of open access to campus leadership through sessions with the Vice-Chancellor and Rector; extension of this spirit of dialogue internationally through the inauguration of its International Advisory Council consisting of key thinkers and practitioners; the identification of 20 of the most dysfunctional high schools in the Free State and the building of relationships with those schools.

This university-school partnership is based on a strict contract of reciprocal commitments to increase the chances of black children attending university. The WUF applauded this as the most innovative step.

New branding for our 107-year old institution

Our university turned a fresh new page with the launch of a new brand that will take the institution on its path to new horizons.

Two primary brands were adopted – an evolved academic crest and a new marketing brand for the institution’s offerings and services. The very foundation of the UFS is built on a dynamic learning environment where academic excellence and the development of leadership qualities. The new brand seeks to adapt to the changing needs of society, without sacrificing its rich history and heritage.

The rebranding process involved one of the most expansive and intensive process of consultations with staff, alumni, Senate, Council and other stakeholders.

The new brand is anchored in the university’s renewed motto “In Veritate Sapientiae Lux” (In Truth is the Light of Wisdom), which has been evolved to embrace the diversity of the community at the university without losing its essence.

Archbishop Desmond Tutu receives an honorary doctorate

One of the great sons of Africa, Archbishop Emeritus Desmond Tutu, received an honorary doctor of Theology and opened the International Institute for Studies in Race, Reconciliation and Social Justice on the Bloemfontein Campus at the beginning of 2011.

The Institute originated in the Reitz incident of 2008 and embodies the UFS’s determination to be a place where reconciliation, forgiveness and social justice would not only be studied, but where it would also be applied. Students and scholars from across the world can study the theory and practice of building societies across the boundaries of race, as well as religion, gender, disabilities and national origin.

By honouring Dr Tutu, the UFS recognises the contribution he has made in the field of Theology through his teachings and the books he has written. The UFS not only honoured him as a moral and religious leader who has maintained his integrity as a Christian, but also as “a great son of South Africa who has made a huge contribution to peace, reconciliation and justice in South Africa and in the world”.

Reconciliation closes book on the Reitz incident

The Reitz incident, that has taken the UFS to front pages and news headlines, could come to closure this year with a reconciliation ceremony between the former students and staff members. The parties involved could meet in private and also took part in a public ceremony with many dignitaries witnessing the closure of the incident and repercussions it had.

Messages of apology were read by Prof. Teuns Verschoor, Vice-Rector: Institutional Affairs, on behalf of the UFS, and Mr Danie Grobler, on behalf of the former students. A message of acceptance of the apologies was read by Ms Emmah Koko on behalf of the workers.

Deputy Chairperson of the South Africa Human Rights Commission, Commissioner Pregs Govender, said of this historic event: “The courage and compassion shown by the workers together with the students’ willingness to embrace the spirit of change have enabled a process of justice, transformation and reconciliation that is an inspiring example for South Africa.”

Grade 12s attend first Leadership Summit

More than 280 learners from all over South Africa and Namibia attended a three-day Leadership Summit on the Bloemfontein Campus in April 2011. The goal of the summit was to enable young leaders to develop their leadership capabilities by looking beyond their normal boundaries.

Prof. Jonathan Jansen, Vice-Chancellor and Rector, addressed the learners on leadership while Mr Louie de Necker, a training consultant, spoke about conflict resolution. Other highlights included a visit to the Boyden Observatory, picnic suppers, an introduction to residence life, a social evening, and a prize-giving ceremony aimed at learners who distinguished themselves as potential leaders during the three-day visit.

UFS honours great teachers

Our university and Sunday Times have joined hands in identifying 150 of the greatest teachers, who moved, inspired and transformed South Africans during their time at school. The project culminated in the book Great Teachers.

These are the teachers who stood out among their colleagues and made a lasting impact on their learners, inspiring them to excel, long after the mathematical equations and English literature tests are forgotten. The book is a powerful account of inspired and inspiring teachers.

All proceeds from the sales of the book will be used to provide bursaries to student teachers of today, who may become the great teachers for tomorrow’s generation.

Graduations now a celebration

By changing its format, graduations are now a festival to celebrate years of hard work and dedication of students and lecturers at our university. Some of the changes include the gathering of the procession on the Red Square in front of the Main Building, from where it moves to the Callie Human Centre. The graduation programme is also filled with music and song items with various young speakers addressing and inspiring the audience.

A total of 83 doctorates were conferred this year, making it the highest number in the history of the university.

African Student Affairs Conference a huge success

The first African Student Affairs Conference (ASAC) was hosted by our university. The conference was attended by delegates from universities across the continent and was aimed to place the focus on issues relating to student affairs in an African context.

Delegates shared and exchanged strategies, ideas and resources, and discussed issues related to the work of student-affairs professionals. A delegate from Nigeria said it was an important conference for Africa and it should become a regular event.

Research published in Nature

A research article on the work by a team under the leadership of Prof. Esta van Heerden, and counterparts in Belgium and the USA, has been published in the distinguished academic journal Nature on Thursday 2 June 2011.

The article – Nematoda from the terrestrial deep subsurface of South Africa – sheds more light on life in the form of a small worm (nematode) living under extreme conditions in deep, hot mines. It was discovered in one of the gold mines in the Free State.

The research can shed some new light on the possibility of life on other planets, previously considered impossible under extreme conditions. It also expands the possibilities into new areas where new organisms may be found.

Postgraduate School is one of a kind

Our Postgraduate School was launched with the aim of bringing research-bases education in line with national priorities and the focus of the UFS Academic Turnaround Strategy of 2010. It spans across our facilities.

The focus of the school is to produce graduates who are global citizens, research literate and able to reflect ethically on the purpose, process and product of research; to improve throughput rates of postgraduate students; and to make the experience of being a postgraduate at our university one which is stimulating, enjoyable and which contributes to the development of people beyond the limits of their disciplines.

Oprah Winfrey now a Kovsie

World attention was drawn to our university when an honorary doctorate in Education was conferred on media icon Oprah Winfrey on 24 June 2011 at our Bloemfontein Campus. The graduation was probably the biggest ceremony of its kind in South Africa, with more than 4 500 people attending.

Our university honoured her for her accomplishments and unparalleled work as a global media leader, as well as a philanthropist with vision and foresight in the field of education and development.

Prof. Jonathan Jansen, Vice-Chancellor and Rector of our university, said: “It is a great privilege for us to be the first South African university to honour Ms Winfrey in this way and to be able to recognise a global icon of her stature.”

UFS doctors make history in South Africa

Two procedures took the UFS to the forefront of the medical world this year.

History was made with the first implant of a special new aortic valve in South Africa. The advantage of this new valve is that it can be implanted percutaneously through a catheter from the groin. This eliminates the need for invasive surgery.

The valve is made from porcine pericardium (tissue derived from pigs) and is mounted on an expandable stent, which is threaded along an artery, until it reaches its desired position. The valve is especially useful in older patients who suffer from aortic valve disease and pose a high surgical risk. It also reduces hospitalisation time.

A rare malignant tumour was also removed in groundbreaking heart surgery. What makes this operation unique, is that the suspicious mass, identified in the heart of a 51-year old man, was rapidly growing into a highly invasive cardiac tumour seen in a small number of patients worldwide.

In the highly complex, 10-hour operation the entire right heart chamber had to be removed and the heart reconstructed.

School of Open Learning adds value

The activities of the new school are driven by a central principle: opening up access to those who have not had the opportunity to study at a higher-education institution due to geographical location, socio-economic circumstances or other factors.

Programmes are delivered through a blended-learning model, which blends contact teaching with distance education.

The school will collaborate with our various faculties, and is managing the continuing education-sponsored endeavours of the Faculty of Education. These include projects for in-service training of teachers in Mathematics, Natural and Physical Sciences, Languages, Literacy, Economic and Management Sciences, Technology and various areas of Management and Leadership.

Second group of young leaders abroad

A second group of first-year students in the Leadership for Change Programme visited universities in the USA, Europe and Asia. Our university could extent the programme to 150 students, up from 71 in 2010.

These students are seen as a leadership core, not only for their university life, but also in public life outside the university borders.

The main purpose behind the programme is to expose students to positive models of racial integration. Their experiences will go a long way towards changing and enriching the minds of young leaders, who have committed to building a truly non-racial society in South Africa.

Odeion School of Music launched

Our former Department of Music transformed into the Odeion School of Music. The name Odeion name portrays not only an excellent asset in the Free State, but also nationally and internationally.

The school’s new name bears the respected Odeion brand and a number of successful and respected ensembles operate under this brand. These include the residential Odeion String Quartet, student ensembles, the Junior Odeion String Quartet, the Odeion Sinfonia, and the Odeion Choir.

The formation of the school paths the way for more flexibility to complement its profile with new developments. These include the application of prestigious international experts as artistic fellows, membership to progressive European, jointly-developed degree programmes and curriculum development initiatives, the founding of a chair in Orchestra Conducting, a master’s degree in Arts Management, as well as the incorporation of bio-kinetics in the teaching methodologies of performance practice.

World-class Chemistry facilities opened

World-class Chemistry facilities, with state-of-the art equipment, opened on the Bloemfontein Campus.

The upgrading of the facilities and addition and replacement of equipment were the single biggest investment at our university in a long time.

Specialised research by the Department of Chemistry includes X-ray crystallography, electrochemistry, synthesis of new molecules, the development of new methods to determine rare elements, water purification, as well as the measurement of energy and temperatures responsible for phase changes in molecules, the development of agents to detect cancer and other defects in the body, and many more.

Back

Economic and Management Sciences

Education

Health Sciences

The Humanities

Law

Natural and Agricultural Sciences

Theology and Religion

Open Distance Learning

Business School

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept