The heads of four City of Joburg (CoJ) entities must be hauled before a disciplinary committee for contravening by-laws because had they performed their duties, the Usindiso building tragedy that claimed 76 lives could have been avoided, Justice Sisi Khampepe has recommended.
“The consequences of the fire would have been mitigated had the city complied with its legal obligations as owner and municipality,” she said.
On Sunday, Khampepe, chairperson of the commission of inquiry into the deadly fire that broke out in the early hours of August 31 2023 in Marshalltown, handed over the first part of the report to Gauteng premier Panyaza Lesufi.
In the report, Khampepe said the accounting officers at the Johannesburg Property Company (JPC), Joburg Water, City Power and Pikitup must be subjected to disciplinary processes where there is evidence of the contraventions of their duties.
Khampepe said Usindiso residents did not receive basic municipal services such as water, electricity and waste management from the city.
“The residents used firefighting connections and equipment, such as fire extinguisher hoses, to draw water for domestic use. The residents were illegally connected to the electricity grid with uncovered cables,” she said.
She said the use of firefighting connections to source water for domestic use due to the disconnection of water supply was evidence of the contravention of the water by-laws.
Khampepe also said the accumulation of waste on and around the building and the city’s failure to remove the waste, keep the building free from waste, and prevent the building from being used as a dumping site was also a contravention of the by-laws.
“The CoJ admitted to becoming aware of the distressing living conditions and that no steps were taken to address [these] from at least 2019 until the fire on 31 August 2023,” she said.
She said the city’s failure to prevent, eliminate and remove such public health hazards and nuisances was evidence of the contravention of the by-laws.
The building was partitioned with highly flammable material to divide the living space and to create shacks, and suppliers of the combustible building material were stationed on the south side of the building, Khampepe said.
She said the built-in emergency evacuation features like passageways and doors were blocked, and creating living spaces along the passageways reduced the width of some evacuation passageways.
“Emergency passageways were blocked with chained and locked steel burglar gates to secure residents and their property. The safety features of the building were compromised, with exit doors being welded and, therefore, not operable as escape routes.”
According to Khampepe, Joburg mayor Kabelo Gwamanda should consider holding to account public safety MMC Dr Mgcini Tshwaku, “whose political responsibility or lack of oversight conduced to bring about the disaster that was Usindiso”.
In addition, she said police should probe ANC councillor Mongameli Mnyameni and community policing forum member Mbangiseni Mbedzi for their alleged involvement in the construction of shacks or collection of rent from residents of the building.
Khampepe said while the city was the registered owner of the building, the occupants paid parties other than the city either a once-off or monthly amount, for “rights”.
She said it costs residents up to R4,000 to acquire once-off rights of occupation and between R800 to R5,000 for monthly room rentals.
“There is a suggestion that a councillor at the time the shacks were built was the beneficiary of rentals paid for the shacks, while room rentals had numerous landlords, including former women residents, who took advantage of the situation to make money.
“The then and current ward councillor disputes evidence levelled against him by numerous former residents associating him with the construction of the shacks in the building and, further, that he derived financial benefit in the form of payments made by residents to acquire the ‘right’ to occupy the building.”
Speaking to Sowetan on Sunday, Mnyameni denied collecting rent or being responsible for the construction of shacks inside the building. “I would be very happy for that investigation to be done. It is very important that the investigations could be done so that the findings can come out.”
Khampepe said the building should be demolished, and that the board of directors of the JPC should consider taking appropriate action against its CEO Helen Botes for the total disregard of managing the building despite knowing of its disastrous state since 2019.
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