Mines face acidic water lawsuit

14 March 2013 - 03:00 By SCHALK MOUTON
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Acid mine water to be pumped into Vaal
Acid mine water to be pumped into Vaal
Image: Puxley Makgatho

The Department of Water Affairs intends to lay criminal charges against all mining companies - current and past - that might have caused the acid mine drainage problems in Gauteng.

The department has drawn up an "urgent" report, which will be submitted to Minister of Water Affairs Edna Molewa, detailing the course of action it plans to take.

In the report - which is part of a feasibility study on a long-term solution to acid mine drainage - officials have tried to trace the ownership of mines in the area up until the 1940s. The goal is to determine who is responsible for polluting the water in the area and to what extent they can be held liable.

In last year's national budget, Finance Minister Pravin Gordhan set aside R433-million for short-term interventions to tackle the problem. The total cost to solve the problem is estimated at R2.2-billion, and the government is unwilling to foot the bill.

Department of Water Affairs spokesman Sputnik Ratau said one possible solution was to lay criminal charges against the polluters themselves and demand compensation .

Criminal charges could be laid against a large number of local and multinational mining houses - including their boards of directors and CEOs.

Environmental law expert, Adam Gunn from Warburton Gunn attorneys in Johannesburg, said this would be one of the most complex legal cases in history.

"The department would have to do a lot of homework and find out exactly who is liable for what, and make sure they catch everybody in the same net," he said.

More than half of the mining houses responsible for acid mine drainage have closed , he added.

The decanting of the Central Mining basin - located underneath most of Johannesburg - is expected to start by September .

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