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On Sunday, 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 finds 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 that the consequences of the fire would have been mitigated had the City complied with its legal obligations as owner and municipality. 

Whilst the Socio-Economic Rights Institute of South Africa (SERI) has no direct relationship with the residents of the building, it has participated in the Commission’s proceedings since its commencement in October 2023, acting on behalf of the Inner-City Federation (ICF) and itself. SERI and ICF have shared interest in ensuring that the recommendations made in part (a) (i) of the Terms of Reference and part (a) (ii) of the Terms of Reference are informed by the lived realities of people living in the inner city of Johannesburg, as well as the law and constitutional protections.

The Commission finds that the Usindiso building was abandoned by the City and the JPC since 2019, at least, 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 fulfil their duties. Had these duties been fulfilled, the tragedy at the Usindiso building could have been prevented. 

SERI and ICF welcome the Commission’s findings and support the recommendation for disciplinary action against Ms. Helen Botes of the JPC, as well as considerations for MMCs for Human Settlements and Public Safety, alongside the accounting officers of Joburg Water, City Power, and Pikitup. We see these recommendations as a crucial step towards accountability and justice for the victims of this fire.

While we commend the Commission for its thorough assessment, we express disappointment in the absence of recommendations for payment of compensation to the victims and their families. We believe these would be crucial to address the urgent needs of those affected who were left destitute by the fire and have since been displaced. We are concerned that the report is silent on the evictions, detentions, and deportations of surviving residents. 

SERI and ICF agree with the Commission's assessment that the hazardous conditions in the Usindiso Building are symptomatic of the City's broader failure to address similar challenges in the inner city of Johannesburg. SERI and ICF look forward to part (a) (ii) of the Terms of Reference, which will focus on the housing crisis in the inner city, presenting an opportunity to delve deeper into these systemic issues. 

In his address to the media, Premier Lesufi announced the establishment of an implementation committee, which SERI and ICF welcome. This initiative is 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. We urge the Premier to be inclusive regarding the composition of this committee.

Contact details:  

• Edward Molopi, SERI senior communications and advocacy officer, edward[at]seri-sa.org / 082 590 9638
• Osmond Mngomezulu, SERI attorney, Osmond[at]seri-sa.org / 082 590 8826
• Siyabonga Mahlangu, ICF executive member, innercityfederation[at]gmail.com

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• Download the full statement here. 
• Access relevant material from the Usindiso Commission of Inquiry here.

On Thursday, 25 April, SERI was invited by the Women in Agricultural Rural Movement (WiARM) to present on housing and evictions law in South Africa. The workshop, hosted in the Lakeside Multi-Purpose Centre, was attended by 30 WiARM members and leaders for women in agriculture. SERI was joined by Legal Aid SA, ProBono.org and Legal Ascend for the workshop. 

SERI presented on the legal principles contained in the Constitution, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ("PIE Act") and the Extension of Security of Tenure Act 62 of 1997 (“ESTA”). The presentation provided participants – the majority of whom are women – with insight on how to use these sources to challenge and resist evictions. The presentation was offered by SERI’s gender equity analyst and legal researcher, Nerishka Singh, and litigation intern, Justin Winchester. The workshop formed part of SERI’s popular education advocacy and SERI’s work in Women’s Spaces Project. 

From 18 to 22 March, SERI’s Nerishka Singh attended the annual Women’s Spaces Project Steering Committee (PSC) held in Kampala, Uganda. The Shelter and Settlements Alternative (SSA), based in Uganda, hosted this year’s PSC, following SERI's hosting in 2023. The meeting was attended by project leadership from Development Works from Angola, the Mazingira Institute from Kenya, SSA, and SERI. SERI’s Lauren Royston participated in the PSC virtually.

Over the five days, the PSC dealt with the implementation and alignment of local and overall project work plans and budgets. Each day’s activities allowed the project partners to network, share their work, and enjoy cultural exchanges.

The first day of the meeting opened with partner introductions and presented updates on their respective Women’s Space Projects (WSP). On the second day, the group did some risk assessments of the projects, and in the following session, the SSA delivered a presentation on their experiences with paralegal work and their project stakeholders. The second and third days of the PSC comprised technical sessions on human rights, gender equality, and issues of the environment, which were discussed on day two, while on day three, the technical sessions focused on regional and international considerations and opportunities for the Women's Spaces Project. The day proceeded with discussions on work-life balance and stress management. Colleagues from Development Works, Mazingira Institute, and SERI then had the opportunity to share experiences from their projects, engaging their audiences on the project outputs produced during year two of the project. The fourth day of the meeting focused on aligning strategies among the partners and project updates on partner project-related commitments for the next year. The day concluded with a field visit to the Mityana Municipal Council, Paralegal Resource Center, and SSA’s Housing Project.  The final day included a briefing on stories of change for partners and a closing session comprising reflections on the current PSC and the next PSC plans.

The Women’s Spaces project at SERI which focuses on women’s rights to land and housing in sub-Saharan Africa is made possible by the support of Rooftops Canada and Global Affairs Canada.

On 22 March 2024, SERI’s Lauren Royston participated in an online panel discussion on “Housing justice: securing affordable inner-city homes through retrofitting” jointly hosted by the International Institute for Environment and Development (IIED) and Architecture Sans Frontieres (ASF-UK). Lauren spoke on a panel alongside Sifiso Mtimunye (1to1 Agency of Engagement), Ricardo Moretti (Universidade de Brasília), Saskia O'Hara (Public Interest Law Centre - PILC), Beatrice De Carli (ASF-UK). Alexandre Apsan Frediani from IIED moderated the discussion. About 76 people attended the virtual panel discussion.

The panellists discussed the issue of housing justice from their local perspectives (South Africa, Brazil, and the United Kingdom), as well as the precarious living circumstances of low-income households, and their struggles to access housing in the cities.

Lauren discussed the legal framework for housing access in South Africa, the history that necessitated such a legal framework, and the key problems that affect access to housing in the inner city of Johannesburg for poor households. In particular, she argued that the inner city is plagued by very little urban and building management even in cases where people have been relocated to temporary alternative accommodation, recalcitrance and non-compliance with court orders, social stigmatization and discrimination against foreign nationals, and the reliance on pejorative terms that further stigmatise and criminalise low-income inner-city residents in occupied buildings. She argued for a range of interventions that could help address the inner city crisis, namely:

• That basic services to all emergency temporary accommodation be provided;
• Vacant buildings be audited;
• Buildings be categorised similarly to how informal settlements for upgrading are,
• Relocation takes place in due course and carried out in consultation with residents, and 
• Buildings are incrementally upgraded.

Beatrice De Carli of ASF-UK also discussed some of the collaborative work that ASF-UK did in the aftermath of the Usindiso Building fire of August 2023 with 1to1 Agency of Engagement, including the development of a new guide entitled, "Our Right to Adequate Housing" which is available in English and Sotho (with IsiZulu forthcoming).  SERI, Inner City Federation (ICF), Inner City Resource Centre (ICRC), and 1to1 participated in a peer-learning workshop hosted by ASF-UK in September 2023, which resulted in the new housing guide.