The Marshalltown Fire Justice Campaign has welcomed the release of the Usindiso Building fire commission of inquiry report.
However, it slammed the report for not recommending that the victims should be compensated.
Gauteng premier Panyaza Lesufi received Part A of the report that claimed over 70 lives on August 31 2023, on Sunday from retired Constitutional Court judge Sisi Khampepe.
The report deals with the circumstances that led to the fire and makes observations and findings about who must shoulder the liability or responsibility for the fire, deaths, and injuries.
The organisation said the report confirmed that the City of Johannesburg and its entities bear responsibility for the devastating fire.
“The report’s central finding — that the COJ [City of Johannesburg] and its entities are responsible for the tragedy — validates our position that the city’s negligence and violation of bylaws resulted in this disaster,” wrote the organisation.
“We welcome the recommendations for disciplinary action against officials and departments that failed in their duties, including those responsible at the Johannesburg Property Company [JPC] and the MMC for human settlements and public safety.”
It said the report fails to recommend compensation for the victims and survivors of the fire, who have suffered immense loss and trauma.
“This will be essential if survivors are to have any chance of rebuilding their lives.”
Mayor asked to act
In her recommendations, Khampepe said Johannesburg mayor, Kabelo Gwamanda, should consider taking action against the MMC for public safety, Dr Mgcini Tshwaku, whose lack of oversight led to the deadly fire at Usindiso.
“The mayor should consider the position of the MMC for the department of human settlements and public safety, whose political responsibility or lack of oversight led to the disaster that was Usindiso,” said Khampepe.
She recommended that the accounting officers of the city’s entities, the JPC, Johannesburg Water, City Power, and PikiTup, be subjected to disciplinary processes where there is evidence of the contraventions of their duties, which, if they had been performed, would have avoided the Usindiso tragedy.
Khampepe also recommended that the board of directors of the JPC consider taking appropriate action against Helen Botes, the CEO of the JPC, for her total disregard for managing the Usindiso Building despite knowledge of the calamitous state since at least 2019.
“Our view is that the omission on behalf of the CEO of JPC to discharge the duties of the owner [city] is sufficiently supported by the evidence,” said Khampepe.
Lack of intelligence-sharing
She found that the city’s entities were working in silos without the necessary communication with regards to the problems existing at the Usindiso Building.
“Despite protestation by the city officials, the evidence shows that the city entities were working in silos without even necessary intelligence-sharing regarding the problems that they documented in relation to the problems that were found to exist in the Usindiso Building.
“The City of Johannesburg and the JPC [which has a service delivery agreement with the city] did not discharge the obligations imposed on them by the by-laws as ‘owner’ and ‘manager’ of the Usindiso Building.
“Law enforcement at the Usindiso Building was virtually absent, and there was no political accountability taken by the officials of the city for the condition of the building both at the time and in the aftermath of the fire.”
Khampepe added that the consequences of the fire would have been mitigated had the city complied with its legal obligations as owner and municipality.
City awaits delivery of the report
On Monday, Gwamanda said he had noted that Part A of the commission’s report had been released.
“The city is yet to be furnished with a copy of the report as promised by the office of the premier,” he said.
“Once received, the city will study the report and provide its comments and responses accordingly.”
