HRC, Housing Tribunal’s proposals at Marshalltown fire inquiry

The South African Human Rights Commission (SAHRC) and the Rental Housing Tribunal have made proposals on the recommendations that the Marshalltown fire inquiry should make when it concludes its work.

They made their submissions on Tuesday during the proceedings of the judicial commission of inquiry into the Marshalltown building fire that claimed the lives of 77 people in August last year.

Part B of investigations

The commission is currently focusing on Part B of its investigations. Part B looks into the prevalence of hijacked buildings in the Johannesburg CBD. It also makes recommendations on the appropriate steps to be taken and by whom. As well as to address any relevant matter concerning this scope of the inquiry.

In July this year, the commission’s team conducted inspections at various hijacked buildings in the Johannesburg inner city. 

Tuesday’s proceedings were dominated by opening statements from the SAHRC and the Rental Housing Tribunal. 

The commission of inquiry is taking place at the Sci-Bono Discovery Centre in Newtown, Johannesburg.

It is chaired by retired former Constitutional Court judge Sisi Khampepe. She is assisted by commissioner Vuyelwa Mabena in the commission of inquiry.

On August 31 2023, a fire broke out at the Usindiso Building in Marshalltown, Johannesburg. The deadly blaze killed 77 people and left 88 other people injured.

In her opening statement, Palesa Sekati from the SAHRC detailed the proposal. She proposed to the commission the recommendations it should make when it concludes Part B of its work. 

SAHRC recommendations

Sekati said as part of its recommendations, the commission should not recommend that the city’s temporary accommodation be considered as a comprehensive solution to the housing crisis in the inner city. 

She said it should recommend that it is insufficient for the city to rely on budget constraints as a failure for it to implement its housing policies.

Sekati said the city should meet with the SAHRC to discuss appropriate measures that can be implemented. This with regards to the housing crisis in the inner city. 

She said the commission should make recommendations on immigration. The city, Gauteng government and national government should reconsider their approach to migration in the inner city.

Sekati said the government should find new ways of addressing the impact of migration on the housing crisis in the inner city.

Brenda Madumise from the Gauteng Rental Housing Tribunal said the commission should make recommendations on electricity. That proper electricity metering systems should be installed in residences in the inner city. This to avoid landlords thumb-sucking tenants’ electricity bills. 

On Wednesday, the commission will hear testimonies from Angela Rivers. She is from the Johannesburg Property Owners and Managers’ Association. 

Part A findings

In May this year, Khampepe submitted findings of Part A of the commission’s work to Gauteng premier Panyaza Lesufi.

Part A of the commission sought to determine the circumstances that led to the fire. And to make necessary observations and findings about who must shoulder the liability. The liability or responsibility for the fire, deaths, and injuries.

In her findings, Khampepe found that the City of Johannesburg was liable for the deadly fire. 

Khampepe found that the city’s entities were working in silos without the necessary communication. This with regards to the problems existing at the Usindiso Building.

Fingered city, municipality for tragedy

She added that the consequences of the fire would have been mitigated. This if the city had complied with its legal obligations as owner and municipality.

Khampepe made recommendations on the accounting officers of the city’s entities. These are the Johannesburg Property Company (JPC), Johannesburg Water, City Power, and PikiTup. She said they should be subjected to disciplinary processes where there is evidence of the contraventions of their duties. In the instances where, if the duties had been performed, would have avoided the Usindiso tragedy.

Khampepe also recommended that the JPC board consider taking appropriate action against Helen Botes. She is the CEO of JPC. The disciplinary action is for her total disregard for managing the Usindiso Building. This despite knowledge of the calamitous state since at least 2019.

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Mpho Koka