Justice Sisi Khampepe delivers her ruling on the recusal application of Advocate Thulani Makhubela at the Commission of Inquiry into the Usindiso building fire at the Sci Bono centre in Newtown, Jphannesburg, 20 December 2023. Picture: Neil McCartney / The Citizen
Retired judge Sisi Khampepe has found the City of Johannesburg and Joburg Property Company bear some blame for a devastating fire that ripped through the Usindiso building in Johannesburg last year.
77 people died in the fire, with MMC for public safety Dr Mgcini Tshwaku recounting how dozens were crushed to death while trying to escape.
A commission, chaired by Khampepe, was launched into the incidents around the fire. The first part of its findings was released on Sunday, with the revelation that some of the dead still cannot be identified.
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It ultimately found the city and its property arm partly responsible for the tragedy
“The report finds that the City of Johannesburg and its entities, including the Joburg Property Company, must bear the responsibility in part for what ultimately became the tragedy of the 31st of August 2023.”
It however stopped short of naming culpable individuals.
“In the limited time that the commission was able to probe the circumstances around the fire, there was no opportunity to drip down to the individuals in the various entities that must bear responsibility and accountability.”
In January, Gauteng police arrested a man after he told the Commission that he started the fire at the building. He was charged with arson, 76 counts of murder, and 120 counts of attempted murder.
Among the findings against the City were that it never zoned the building for residential use, despite entering a lease agreement with its prior owners.
It also found the building was plagued by crime and had been “abandoned by the City”.
“The building was vandalised by the removal and sale for cash of steel reinforcements supporting its columns, pillars, and slabs. The City of Johannesburg and Joburg Property Company never attended to repairs and maintenance of the building.
“The building showed signs of disrepair and danger to life and property. It became liable for demolition”.
It said the desperate living conditions of the residents of the building exasperated the outcome of the fire but were not the reasons alone for the tragedy.
“The consequences of the fire would have been mitigated significantly had the city complied with its legal obligations as owner and municipality”.
Watch the commission’s findings:
It recommended the building be completely demolished and a plaque in honour of those who died be erected.
It said the City should undergo an investigation to determine who was responsible for the violation of bylaws, and lack of oversight and governance.
The Joburg Property Company’s board was also told to consider acting against its CEO Helen Botes “for the total disregard of managing the Usindiso building, despite knowledge of its disastrous state of affairs since at least 2019”.
Meanwhile, Mayor Kabelo Gwamanda was told to consider the position of the MMC for public safety, currently Tshwaku, “whose political responsibility or lack of oversight conduced to bring about the disaster”.
It said accounting officers of Joburg Water, City Power and Pickitup must face disciplinary processes where found negligent and culpable.
Gauteng Premier Panyaza Lesufi received the report and promised to implement its recommendations.
He said he would meet with the City in the coming week to discuss the report and the way forward.
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“I will hand over the report to the mayor tomorrow [Monday]. They will advise us.
“I do not want to even change a comma or sentence [on the report]. I am moving to the next stage of implementing the recommendations. To do so, you need the City to be part of that”.
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