By Zukile Majova
The City of Johannesburg and its various entities should be held responsible for the deaths of 77 people who died in the Usindiso building fire last August.
This was the main finding of the Khampepe Commission of Inquiry into the fire at the Usindiso building in Johannesburg.
Justice Sisi Khampepe released her report on Sunday, saying the city violated its own bylaws and failed to secure a condemned building for years.
Khampepe said the Usindiso Building showed signs of disrepair and was a danger to life and property.
“The City of Johannesburg and the Johannesburg Property Company (JPC) never attended to repairs and maintenance of the building,” said Justice Khampepe.
“It became liable to be demolished in terms of the Building Standards Acts and the report also finds that there were contraventions of the city by-laws by the city.”
The scathing report could pave the way for future litigation by families of the victims.
“Our view is that the omission on behalf of the CEO of the JPC to discharge the duties of the owner is sufficiently supported by the evidence.”
During the hearing, the City of Joburg argued that it should not be held liable for what it called the “illegal conduct of the residents, threats issued by residents to its officials and the hijacking of the building by the residents in the first instance”.
The commission rejected this argument, saying it would effectively mean that the victims were responsible for their own deaths.
“There is no case that amply demonstrates the consequences of failure to comply with the obligations that the law placed on a municipality and owner than the calamity that was Usindiso, precisely in part because the City itself contravened the law,” the commission said.
Pictured Above: The scene of the Usindiso Building fire in the Johannesburg CBD.
Image Source: File image
