Advocate Ishmael Semenya SC, the evidence leader of the judicial commission of inquiry into the Marshalltown building fire, has accused EFF MMC for public safety in the City of Johannesburg, Dr Mgcini Tshwaku, of not assisting the commission with his evidence.
However, Tshwaku has hit back, saying he does not want to be seen as running a parallel investigation.
On Tuesday, Semenya was cross-examining Tshwaku on the role that he played in determining the circumstances that led to the August 31 fire that claimed 77 lives.
The answers that Tshwaku gave clearly infuriated Semenya, to the point where Semenya would pound his hands against the pulpit table and cry out in frustration.
More than 80 people injured
On August 31 2923, a fire broke out at the Usindiso Building in Marshalltown and left a total of 88 people injured.
The commission of inquiry, which is taking place at the Sci-Bono Discovery Centre in Newtown, Johannesburg, is continuing to hear testimonies from officials of the City of Johannesburg.
Vuyelwa Mabena assists Sisi Khampepe, a retired former judge of the Constitutional Court, as the commission’s chair.
The proceedings on Tuesday started on a spicy note when Semenya told Tshwaku that he was not “adversarial” towards him.
“Okay, I want to assure you that you and I are not in any adversarial position. We are not on opposite sides of the task. We are boxing out of the same corner. Do you have that assurance?” asked Semenya.
“What do you mean, advocate?” asked Tshwaku.
To which Semenya replied: “I want to have you understand the angle I come from. I am not adversarial. I am not opposing anything you stand for. You understand that at least.”
Tshwaku agreed that he understood Semenya.
Evidence leader cautions Tshwaku
Shortly thereafter, the proceedings became heated when Semenya cautioned Tshwaku not to give long responses to his questions.
This came about when Semenya asked Tshwaku what he did as MMC of public safety to determine what led to the fire.
“Doctor, I do not want to accuse you of prevaricating. The question is simple,” said Semenya.
Tshwaku intervened and asked: “Sorry, advocate, what does prevaricate mean?”
“Prevaricate means to go all around and explain in monologue — long monologue for that matter — when I am asking as a reaction to this instruction [the establishment of the commission by Gauteng premier Panyaza Lesufi], what did you do?” asked Semenya.
Khampepe interjected: “If I may interpose advocate Semenya, the question, Dr Tshwaku, is quite simple: what did you do as the head [of public safety] subsequent to the establishment of the commission?”
Tshwaku answered: “My department and I decided to give the commission a chance to do its work.
“Within my department, we had EMS [emergency management services] doing an investigation along with SAPS [SA Police Services] to establish what happened on the night of the fire.”
Heated exchange
Asked Semenya: “So, the answer to the question is that, as an MMC, you did nothing?”
“Through the department, I went to do oversight. The EMS did an investigation and tabled the report before this commission,” answered Tshwaku.
“Apart from what the EMS told us about their efforts to extinguish the fire and save those that they could, give us facts that you know regarding this tragedy,” said Semenya, banging his right hand on the pulpit table.
He continued: “What fact or facts do you want to help the commission establish?”
In his response, Tshwaku said: “I think the EMS report that was submitted to this commission talks about what really happened.”
As Tshwaku was giving his response, Semenya could be seen expressing a sigh of annoyance.
“I must tell you that as evidence leaders, we are going to say that you typify exactly what the difficulties are, i.e., not helping the commission to discharge its mandate. What is your comment?”
Tshwaku maintained that he did everything in his power to assist the commission.
“At the best of my ability, I have assisted. I have even submitted my affidavit. I have explained my roles and responsibilities. I am here to testify about what happened.
“On the mechanical details of what happened during the fire, EMS responded to that. In my mandate, everything I know is covered in the affidavit,” said Tshwaku.
To which Semenya probed further: “Well, finally, in your own words, what went wrong to explain the deaths of 76 people?”
Responded Tshwaku: “According to reports I got, the building caught fire and people were trapped. When EMS came to the scene, people saw that they were trapped and jumped out of the building.
“This commission led to a building that is illegally occupied. It caught fire. The commission is here to establish what happened. We [public safety] did not want to be accused of running a parallel investigation.”
Commission to make recommendations
A seemingly dejected Semenya responded: “I give up, chair. Those are the questions for this witness.”
Tshwaku, who began his evidence-in-chief on Monday, wrapped up his testimony on Tuesday morning. The inquiry continues with more testimony from the city’s officials.
The inquiry seeks to determine the cause of the fire and the prevalence of hijacked buildings in the Johannesburg CBD.
It is expected to make a ruling and recommendations on who should shoulder the blame. This pertains to the deaths, injuries, and homelessness of the victims of the incident.
