Advocate Thulani Makhubela recused from Usindiso building fire inquiry over anti-immigrant views

Retired Justice Sisi Khampepe has removed Advocate Thulani Makhubela from the Usindiso building fire commission of inquiry proceedings.

This after lawyers representing Social Economic Right Institute (Seri) discovered that Makhubela, one of the commissioners of the inquiry, had a long-standing view on illegal immigrants through a series of tweets dating back six years.

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Makhubela appeared to have supported Operation Dudula and #PutSouthAfricansFirst.

The commissioner allegedly tweeted that South Africans were unemployed because of illegal foreigners.

He also allegedly either liked or retweeted that crime in the country was because of foreigners and that the government was not doing anything to deport illegal foreigners.

Rights of foreign nationals

Advocate Jason Brickhill, representing Seri and The Inner City Federation, argued that Makhubela’s views of the rampant crime in the country was because of foreigners.

“The second view is that there should be no state housing provision for foreigners. The third view is that there is support for Operation Dudula and the loose grouping of #PutSouthAfricansFirst.

“Yet another view is that he is critical of human rights lawyers who represent inner city residents and foreigners,” he said.

READ MORE: Usindiso fire inquiry marred by allegations of xenophobia

Responding to the allegations, Makhubela said his problem was the lawyers met with Khampepe and that there was a request she must come alone.

He also has a problem with the fact that the NGOs requested that Khampepe decide his recusal alone.

“Apart from the parties that were part of that meeting, nobody knows what else was discussed.

“There is [an] apprehension on my part that the discussion could have gone anywhere and unfortunately that is the position I have. You first had a meeting alone, and then you say she should decide this alone,” Makhubela said. 

Watch the proceedings below:

‘Unable to be impartial’

Delivering her ruling on the recusal application on Tuesday, Khampepe said the fact that Operation Dudula has been accused of starting the fire, meant that Makhubela will be “unable to be impartial on issues when they pertain to foreign nationals” and the anti-immigrant group.

“The overwhelming evidence of the apprehension of bias by many foreign nationals regarding commissioner Makhubela, which he deemed unnecessary to rebut, remain compelling,” the retire judge said.

“Having regard aforegoing, I am satisfied that a case has been made out for the recusal of commissioner Makhubela. In the premises I ruled that commissioner Makhubela is recused as a commissioner of the commission,” the inquiry chairperson added.

Building fire inquiry

At least 77 people, including 12 children, died when a fire broke out in Joburg’s Usindiso building in August.

A week later, Gauteng Premier Panyaza Lesufi established the commission of inquiry into the cause of the Johannesburg CBD building fire.

READ MORE: Usindiso Building fire inquiry venue deemed unsafe: Gauteng government’s oversight

Lesufi tasked the commission with investigating the prevalence of hijacked buildings in Johannesburg, what caused the deadly blaze in Marshalltown, and who must shoulder total responsibility for this tragedy.

“We urge all affected communities and organisations to make submissions and work with the commission to get to the bottom of this intractable problem of hijacked buildings,” Lesufi said at the time.

Additional reporting by Lunga Mzangwe