Williamson Diamond Sh1 billion fine sparks debate among stakeholders

Dar es Salaam. The National Environment Management Council (Nemc) has detailed reasons for the Sh1 billion (about $434,782.6) fine imposed on Williamson Diamond Limited (WDL), but environmentalists poke holes on the decision.

Mr Clay Mwaifwani, the project coordinator at the Lawyers’ Action Team (LEAT) was of the opinion that the government ought to protect the country’s environment by appointing an Independent Tailings Review Board (ITRB).

“The formation of an ITRB would consider a wide range of problems concerning the tailings storage facility” (TSF). It will provide independent technical analysis of the facility’s design, construction and operation management,” he stated.

He said that the ITRB is required for any TSF under the Global Industry Standard on Tailings Management (GISTM), but he is sceptical that it has been domesticated, stressing that “political will is essential to make this happen.”

“In fact, the TSF failure is an administrative issue that impacts the environment; the UN Environment Programme (Unep) has promised to assist nations in domesticating the GISTM, but have we accepted the offer?” he said.

“An independent review is required; but have we learned from the TSF failure? How secure are we? Yes, the Sh1 billion fine is a criminal obligation that must be paid, but who will recompense the persons impacted, their farms, for the damage,” he added.

He also believed that the government should enact environmental legislations that are consistent with worldwide norms, rather than depending on the company in question to finance environmental assessments.

But, Prof Haji Semboja was of the view that the Sh1 billion includes other factors such as compensating the damages.

“According to what I gather, the money is not for Nemc, but for the harm done to the residents,” he said.

He said all parties are responsible for the failure, saying: “The Minerals ministry, the corporation [WDL], the Mining Commission and Nemc because all of them have environmental divisions that failed to notice the problem.”

“So, if we are to blame, then let us equally blame them all,” he said. “But for the people’s compensation, I must admit I was once involved in helping during the transition, on how it is going to fair with the locals, an undisclosed amount was set aside for corporate social responsibility, thus to be used within the affected community,” he added.

Earlier, Dr Samuel Mafwenga, NEMC’s director said the Sh1 billion fine was imposed after inspections found that the facility’s construction did not comply to authorised designs.

“The company did not have a mine emergency response plan (MERP), and the facility construction did not conform to the permitted design by the then-mines inspector,” he stated.

He continued: “The miner didn’t even do an engineering review to see if the facility was capable of handling the tailings when the firm began operations. However, the nature of TSF necessitates constant monitoring of something that the Williamson Diamond did not accomplish.”

He said signs of the breach were detected two months before the separation, and that despite being notified of the signs, the company did not halt production to allow for facility repairs.

“Therefore, NEMC has penalised them the indicated sum, and we don’t require any advice from them concerning our findings since everything was clear. They must pay the penalties and ensure that their activities comply with the country’s environmental regulations,” he emphasised.

The WDL legal team, on the other hand, accepted the fine’s legitimacy, but insisted on receiving Nemc’s report for more discussions, which would subsequently be sent to the environmental watchdog.

The Citizen reported last month that the break, which caused flooding, would have been identified if the facility’s normal best practise of “observational method” (OM) had been followed, and urged for the ITRB to be commissioned.

Petra Diamonds, which owns 75 percent of WDL, reported in early November that it had paused operations at its Williamson mine after a TSF ruptured, causing flooding in adjacent regions.