City of Johannesburg and JPC should be held liable for Usindiso deaths – inquiry lawyers

Lawyers in the Commission of Inquiry into the Usindiso building, where 77 people died, have told the commission that they will argue that Johannesburg Property Company (JPC), the City of Johannesburg and other relevant stakeholders whose responsibility was to ensure the safety of the occupants of the building, failed to do their job and should face legal consequences for the tragedy.

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On Monday, Advocate Nickle Felgate told the commission that the City failed to evict occupants during the four years from 2019 until 2023, despite knowing the NGO had vacated the building, and there was no fire equipment in the building and no maintenance by either JPC or the City.

‘Failed in their duties’

Felgate told the commission that the JPC and the city failed in doing their duties, given the circumstances that they were aware that the building posed a risk.

He said that neither party instituted eviction processes despite recommendations from the Department of Social Development that had indicated various findings that outlined the building was a “neglected, health and safety disaster” and the daily lives of residents were affected by crime.

The report recommended that JPC shut down the building.

JPC took over responsibilities into the repairs and maintenance of buildings owned by the City from 2014.

However, the CEO of the JPC Hellen Botes maintained that the company and the City faced circumstances and obstacles that contributed to its difficulty in taking measures with regard to the building after its hijacking in 2018.

“I previously indicated in my statement that we could not shut it down, as we would have had to build alternative accommodation or find an empty building in the inner city,” she said.

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Botes appeared at the commission of inquiry on the devastating fire on Monday, where cross-examination into her testimony commenced.

She previously gave evidence before the commission in February, where she detailed the JPC’s attempts to intervene in the hijacked building.

During her previous testimony, Botes cited its inability to evacuate the occupants and hijackers of the building due to a lack of alternative accommodation, criminality, and legal barriers.

In her testimony, she revealed that the NGO’s lease expired in 2013 and was not renewed. However, the agreement continued on a month-to-month basis.

In his cross-examination, Advocate Felgate said that there was a 10-month delay before a joint operation was able to visit the building to take statements which indicated the company’s failure to act immediately after learning the building had been hijacked.

He further pointed out that the JPC had not taken any steps to intervene in the building crisis after 2019.

“Despite the knowledge of the circumstances, and despite the foreseeability of the fire, the City and JPC did not take any action from 2019 until 2023,”he argued.

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However, Botes disputed this, citing that JPC was unable to do its mandate after the building was hijacked.

“We could not take measures. My previous evidence highlighted the circumstances and the obstacles that the City faced,” she said.

“It’s not that no action was taken but rather the difficult circumstances which prevented us from taking action, not just around that building but in the whole inner city,” she replied.

‘City should be held liable’

Advocate Felgate concluded his cross examination that the JPC and City should be held liable for the deaths, injuries, and homelessness that occurred as a result of the fire in August last year.

Evidence leader Advocate Ishmael Semenya posed further questions in his cross examination of Botes regarding the lease agreement.

He argued that there was no legal document that authorised the change of land use rights in a building.

Semenya pointed out that therefore the lease agreement should not have happened without the proper change to the land use right.

Botes admitted that the building had not been rezoned prior to it receiving occupants.

“You can’t be an account officer or CEO, and take no responsibility for the tragedy that claimed the lives of people and scores of other injuries to people,” said Semenya as he closed his questioning.

The commission continues on Tuesday.