The chairperson of the judicial commission of inquiry into the Marshalltown fire will rule next week Monday on whether public officials of the City of Johannesburg should be cross-examined.
Application for cross-examination of city officials
This comes after an application was brought by the Socio-Economic Rights Institute (Seri), Inner City Federation (ICF), and the Johannesburg Fire Victims Support Group. The application is to cross-examine certain witnesses who testified before the commission on behalf of the City of Joburg.
Friday’s proceedings began with the legal representative of Seri and ICF, Osmond Mngomezulu, bringing an application. He wanted to cross-examine Helen Margaret Botes. Botes is the CEO of the Johannesburg Property Company (JPC) of the City of Joburg.
The CEO testified at the commission last month or three days. She testified on the ownership of the Usindiso Building and the role of the JPC.
Joburg Property Company (JPC) testimony
Botes also gave testimony on the lease agreement that the City had with Usindiso Ministries. The unlawful occupation of the Usindiso Building was also included in her testimony, among others.
On August 31 2023, a fire broke out at the Usindiso Building in Marshalltown and killed 77 people. The deadly blaze left 88 people injured.
The commission of inquiry into the incident is taking place at the Sci-Bono Discovery Centre in Newtown, Johannesburg.
Vuyelwa Mabena assists retired former judge of the Constitutional Court Sisi Khampepe, the commission’s chair.
Info on JPC and city obligation vital
Mngomezulu said the cross-examination of Botes is essential. He said it’s because it helps the commission to obtain more information on the obligation of the JPC as a municipal entity. Also obligations of the JPC in terms of the lease agreement it had with Usindiso Ministries. Events after the expiry of the lease agreement and the living conditions of the building’s residents. Also how the JPC responded to the fire, among others.
The Joburg Fire Victims Support Group’s Suvania Subroyen said they intend to cross-examine a number of witnesses who testified on behalf of the City. Subroyen did not mention the witnesses she wanted to cross-examine. She only said they are public officials who represent the City of Joburg.
Subroyen said the cross-examination of these witnesses will illicit additional evidence. The evidence is from “parties who have a direct impact on the victims, who are part of this inquiry”.
More questions remain unanswered
She said cross-examination is necessary when there is a dispute about facts and clarification is needed.
Subroyen said the cross-examination of the City’s witnesses will help answer the question of what caused the fire. This will assist the commission to make a finding on what caused the fire. After having heard many perspectives, she argued.
Quest for transparency
“Our cross-examination is not an adversarial one. It is an inquisitorial one… Organs of state should welcome an opportunity for transparency and to give a view. This [commission of inquiry] is not a labour issue. It is a human rights issue. It is an issue that looks at the tragedy of 77 deaths. With many more injured and many more walking with the trauma of it.
“We would be remiss, and we would not do justice to both the commission and victims we represent if we do not ventilate as much as possible. So that at the end of the commission, [we] can sit with as much information that is relevant. [This will help] make a proper finding…,” said Subroyen.
Ruling reserved for Monday
Khampepe reserved her ruling on the cross-examination applications for next week Monday 10am.
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.
