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21 September 2022 | Story Dr Olivia Kunguma. | Photo Supplied
Dr Olivia Kunguma
Dr Olivia Kunguma, left, and Dr Mmaphaka Tau from DiMTEC.

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

A year of various highlights for UFS
2016-12-19

Some other highlights:

Description: Prof Maryke Labuschagne, Bloemfontein Highlights Tags: Prof Maryke Labuschagne, Bloemfontein Highlights
The UFS was awarded five SARChI
(South African Research Chairs Initiative)
research chairs, the main goal of which is
to promote research excellence.
Read the full story


Description: Alumni Awards, Bloemfontein highlights Tags: Alumni Awards, Bloemfontein highlights

The UFS Chancellor’s Distinguished
Alumni Awards ceremony was held on
5 November 2016 on the
Bloemfontein Campus.
Read the full story


Description: Candice Thikeson, Bloemfontein Highlights Tags: Candice Thikeson, Bloemfontein Highlights

UFS student Candice Thikeson
completed a hat-trick of accolades when
she was named recipient of the Abe Bailey
Travel Bursary.

Read the full story

 

Description: Reitumetse Maloa, Bloemfontein Highlights Tags: Reitumetse Maloa, Bloemfontein Highlights

Reitumetse Maloa, a young researcher
at the UFS, is searching for a solution to
South Africa’s energy and electricity
problems from a rather unlikely
source: cow dung.

Read the full story


It was a year of various highlights for the University of the Free State (UFS) which has again illustrated the institution’s versatility by excelling on various fronts, from sports to research.

Some of these included Wayde van Niekerk winning a gold medal at the Olympic Games in Rio de Janeiro; research on the locomotion of the giraffe, and the awarding of honorary doctorates to people such as veteran journalist Max du Preez.

Van Niekerk breaks 400m world record

After his feat in Rio on 14 August 2016, Van Niekerk was described as “the next star” by former US sprinter Michael Johnson, whose 17-year-old 400m world record he broke in a time of 43,03. Johnson described the way in which the Kovsie outperformed the 400m field as “a massacre”.

Wayde van Niekerk was described as “the next star" by Michael Johnson, whose 17-year-old 400m world record he broke in a time of 43.03.


Max du Preez and Trevor Manuel honoured


Du Preez (Humanities) said he was excited about the young minds he had interacted with at the Winter Graduation ceremony of the UFS. The leading journalist and political analyst was one of four recipients of honorary doctorates from the university on June 30 2016. The others were Prof Joel Samoff (Humanities), former finance minister Trevor Manuel, and Dr Reuel Jethro Khoza (both Economic and Management Sciences.

Research of great value for conservation


Dr Francois Deacon, Department of Animal, Wildlife, and Grassland Sciences at the UFS, and Dr Chris Basu, a veterinarian at the Royal Veterinary College in the UK, conducted research on the manner in which giraffes locomote from one place to another.

Very little research has been done on the manner in which these animals move. The research will assist in understanding aspects such as the giraffe’s anatomy and function, as well as the energy it utilises in locomoting. Such information could help researchers understand where giraffes fit into the ecosystem and the data would be of great value for large-scale conservation efforts.

 

 

 

Read more on these highlights:

 

Wayde van Niekerk:

15 August 2016: Wayde the next big star, says Michael Johnson
20 September 2016: I don’t see myself as a star, says Wayde
27 October 2016: Wayde, Karla shine again at KovsieSport gala night
24 November 2016: Wayde keeps winning off the track

Honorary doctorates:

29 June 2016: UFS will award four honorary doctorates during Winter Graduation ceremonies
2 July 2016: Trevor Manuel and Max du Preez among the recipients of honorary doctorates at UFS graduation

Giraffe research:

9 March 2016: Giraffe research broadcast on National Geographic channel
23 August 2016: Research on locomotion of giraffes valuable for conservation of this species
18 November 2016: Studies to reveal correlation between terrain, energy use, and giraffe locomotion

 

 

 

 

 

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