Usindiso Building Commission of Inquiry
On 26 October 2023, the Khampepe Commission of Inquiry into the fire at the Usindiso Shelter in Marshalltown commenced. The fire on 31 August 2023 claimed the lives of over 70 people and left hundreds more injured and destitute.
The Commission of Inquiry was established by Gauteng Premier Panyaza Lesufi to inquire into the circumstances of the fire that caused these deaths and injuries and the prevalence of ‘hijacked buildings’ in the inner city of Johannesburg. The Commission has also been tasked with making findings about who should be held responsible and to draw lessons from the incident, considering the ongoing investigations carried out by the police and other bodies. The Commission will make recommendations about appropriate steps that must be taken and by whom and it has been given six months to complete its work.
SERI is participating in the Usindiso Commission of Inquiry and also represents the Inner City Federation (ICF).
On 28 October 2023, SERI and the ICF submitted an urgent application to the Commission seeking the recusal of Adv. Thulani Makhubela as Commissioner based on his sustained public support of and association with Operation Dudula and Put South Africans First, as evidenced by the Commissioner's public statements on social media for more than five years. SERI and ICF believe that the perceived bias is overwhelming and goes to issues central to the mandate of the Commission. The credibility of the Commission in the eyes of the survivors and the public is key because it is both a mechanism through which the former residents can obtain justice and for addressing the longer-term housing crisis affecting the most vulnerable in society.
On 20 December 2023, the Khampepe Commission issued its ruling in which it recused Commissioner Adv. Thulani Makhubela from his role within the Commission. The application was fully supported by the residents of Usindiso with the Commission’s Evidence Leaders confirming that it is justified considering the undisputed allegations made. In the ruling, the Chairperson of the Commission of Inquiry, Justice Sisi Khampepe, found that:
“Commissioner Makhubela has for the past six years on social media expressed a firm view conveying enmity and antipathy towards foreign nationals in general and their undesirability in the City [of Johannesburg] and the country” in that “foreign nationals are responsible for societal ills besetting the country including rampant crime and unemployment.”
The Chairperson was satisfied that Commissioner Makhubela’s sustained public support for, and association with, Operation Dudula, compromised his ability to adjudicate in the Commission's work impartially. Consequently, the Chairperson concluded that there exists a genuine apprehension that Commissioner Makhubela would not approach issues involving foreign nationals and Operation Dudula with an impartial mind, considering his publicly expressed views.
On 5 May 2024, Justice Khampepe published the report on part (a) (i) of the Terms of Reference of the Commission of Inquiry into Usindiso Building after it was submitted to the Gauteng Premier, Panyaza Lesufi. The report delves into the circumstances surrounding the fire that killed 76 individuals and left dozens injured and homeless. The Commission has found that the City of Johannesburg and its entities, including the Johannesburg Property Company (JPC), must bear partial responsibility and/or accountability for the tragedy and that the consequences of the fire would have been mitigated had the City complied with its legal obligations as owner and municipality. The Commission found that the Usindiso building was abandoned by the City and the JPC since at least 2019 and that the City contravened various health, fire-safety, town planning, and building control legislation as well as its own By-laws. The Commission recommends that disciplinary processes be initiated against the accounting officers of the City's entities, namely JPC, Johannesburg Water, City Power, and Pikitup in cases where evidence indicates they failed to fulfill their duties. Had these duties been fulfilled, the tragedy at the Usindiso building could have been prevented. In his address to the media, Premier Lesufi announced the establishment of an implementation committee, which SERI and ICF welcome as it would be an important step towards ensuring that the Commission’s findings translate into tangible outcomes, particularly concerning the identification of deceased victims and the accountability of officials.
Access relevant material from the Usindiso Commission of Inquiry
- Commission report on Part (a)(i) here.
- SERI and ICF Heads of Argument (28 March 2024) here.
- City of Johannesburg Heads of Argument (28 March 2024) here.
- Evidence Leaders Heads of Argument (28 March 2024) here.
Recusal application
- Commission's Ruling (20 December 2023) here.
- Evidence Leaders: Heads of argument in recusal application (12 November 2023) here; Supplementary heads of argument (22 November 2023) here.
- First respondents (Residents of Usindiso): Heads of argument (11 November 2023) here.
- Applicants (SERI and ICF): Heads of argument in recusal application (9 November 2023) here; Supplementary heads of argument in recusal application (20 November 2023) here.
- Applicants (SERI and ICF): Notice of application for recusal (28 October 2023) here.