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Land reform department ‘failed to conduct due diligence’ on burst Riverlands dams, probe reveals

Land reform department ‘failed to conduct due diligence’ on burst Riverlands dams, probe reveals
Gareth Nero (25) from the expanded public works programme, crosses what was once a road in Riverlands. The community was hit by floods following heavy rains. Four dams burst, hitting the town with devastating torrents of water. (Photo: Shelley Christians)
Siyabonga Goni
By Siyabonga Goni
29 Aug 2024
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An investigation has revealed the Department of Land Reform and Rural Development owns the dams at Riverlands in the Western Cape that recently burst, causing flooding. It allegedly failed to carry out due diligence and could face compensation claims.

An investigation by the Department of Water and Sanitation (DWS) into the dam breaches that caused floods and left the Riverlands community devastated in early August has revealed that the Department of Land Reform and Rural Development (DLRRD) is the owner of five dams on the Dassenberg farm.

During a press briefing on Thursday at Riverlands Primary School, Water and Sanitation Minister Pemmy Majodina said, “The responsibility for the safety of dams rests with the dam owner. In this instance, the owner is currently the Department of Land Reform and Rural Development, which is the custodian of the property on behalf of the government.”

Read more: ‘The water was like thunder’ – Riverlands communities devastated after four dams burst in two weeks

Majodina said legal action would be taken against the owner of the dams for non-compliance with the National Water Act and associated regulations. The action would include financial compensation for damage to infrastructure.

land reform riverlands dam bursts Gareth Nero (25) from the expanded public works programme, crosses what was once a road in Riverlands. The community was hit by floods on 8 August 2024 following heavy rains. Four dams burst, hitting the town with devastating torrents of water. (Photo: Shelley Christians)



“Criminal investigations are ongoing and will focus on current and past owners that constructed and operated the dam in non-compliance with water use authorisation and dam safety requirements. Action may also be considered to obtain financial compensation for damage to infrastructure,” said Majodina.

Investigation outcomes


The investigation revealed that there were five dams on the Dassenberg property, not four. Dam Three, which was built from 1960 to 1966, is the oldest of the structures. Dams one and two were constructed between 1966 and 1992.

The largest dam on the property, Dam Four, was constructed between 2000 and 2005, as was Dam Zero.

“The dams were constructed without a licence and the DLRRD failed to conduct due diligence to ascertain whether the five dams in the property are compliant with the National Water Act and whether the dams are registered with the relevant authority,” said Majodina.

“The previous owners who constructed the dams were required to obtain a dam safety licence to construct a dam before commencing with construction. There is no record of any permit/licence being issued by DWS. The dams were not registered with the Dam Safety Office as per the NWA [National Water Act] requirement by the owner.” 

Dassenberg Plaas originally owned the property on which dams three and one were built.

‘Rebuild their lives’


Wouter Kriel, the spokesperson for Anton Bredell, Western Cape MEC for Local Government, Environmental Affairs and Development Planning, said the MEC was pleased with the report.

“[Bredell] hopes that the responsible parties identified in the report will now come to the table so that the affected people of Riverlands can be supported to rebuild their lives,” said Kriel.

Speaking last week at the Western Cape provincial legislature’s debate on the impact of climate disasters on service delivery and infrastructure, Bredell urged residents who lost their houses or had no water or electricity due to the dam bursts to sue the department responsible for the floods.

Read more: Residents who suffered losses in recent dam bursts should sue government, says MEC Bredell

Riverlands community leader Ralph Burger said the community was considering suing the Department of Land Reform and Rural Development if residents were not compensated for their losses in the floods.

“The community is looking into a class lawsuit … [if] they don’t give us an answer. The people’s small-scale businesses were wiped out … and we want timelines into when and how we are going to get help,” said Burger.

Sixty-four displaced residents are living in temporary shelters and the Gift of the Givers is supplying water to the community.

Department of Land Reform and Rural Development head of communication Linda Page confirmed that the farms on which the dams were built were owned by the department.

She said the department noted the comments of the Department of Water and Sanitation minister and would make an announcement at an appropriate time. DM

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