The highly anticipated Commission of Inquiry report on the tragic fire at the Usindiso Building has finally been delivered, shedding light on the devastating incident that took the lives of 76 people and left numerous others injured and without shelter. The fire, which broke out at the corner of Albert Street and Delver Street in Marshalltown, Johannesburg, severely impacted the nation and prompted urgent calls for accountability and improved safety measures. The findings in the report signify a pivotal moment in understanding the circumstances surrounding this tragic event.

By The Telegram

In the early hours of Thursday, 31 August 20233, a blaze consumed the Usindiso Building, a derelict structure in the  Johannesburg CBD.

The building, which had previously functioned as a women’s refuge, had been neglected by municipal officials despite its status as a government asset managed by the Johannesburg Property Company, a state-owned organisation.

The five-story building had been unlawfully inhabited by around 600 people in search of affordable accommodation, leading to a perilous environment that ultimately led to one of the deadliest residential fires in modern South African records.

In September 2023, the premier of Gauteng, Panyaza Lesufi, took decisive action by establishing a commission of inquiry to investigate the fire incident, with retired judge Sisi Khampepe appointed as the chairman of the commission tasked with uncovering the circumstances surrounding the devastating blaze.

Justice Khampepe delivered the first part of her report on the fire incident to Lesufi on Sunday. The premier praised the inquiry’s comprehensive nature and affirmed his dedication to implementing the recommended actions.

Despite a resident admitting to starting the fire in August 2023 that resulted in the deaths of 76 people in the derelict structure, the report revealed that Johannesburg city authorities had disregarded evident indicators for an extended period. The report heavily censures the City of Johannesburg for its failure to deliver necessary services, leading to a rise in criminal behaviour in the building.

The inquiry highlighted a housing dilemma in Johannesburg, attributing responsibility to officials who neglected persistent warning signals. The report underscored that the building’s deterioration to a hazardous state was a direct result of years of neglect by municipal entities and specifically identified a senior official as being at fault.

The report provides a detailed account of the events that culminated in the tragic incident at the Usindiso building at 80 Albert Street. It delves into the root causes of the disaster and offers critical suggestions for ensuring accountability. Being the most fatal fire in Johannesburg’s history, resulting in the loss of 76 lives, including 12 children, the report implicates the City of Johannesburg and its affiliated bodies for the incident.

“The building was vandalised by the removal and sale for cash of steel reinforcements supporting its columns, pillars, and slabs. The City of Johannesburg and Joburg Property Company never attended to repairs and maintenance of the building.

“The building showed signs of disrepair and danger to life and property. It became liable for demolition”.

It said the desperate living conditions of the residents of the building exasperated the outcome of the fire but were not the reasons alone for the tragedy.

“The consequences of the fire would have been mitigated significantly had the city complied with its legal obligations as owner and municipality,” said Khampepe.

She further said, “The building was partitioned with flammable material to divide the living space and to erect shacks. It became a crime-infested site, with witnesses testifying to the fact that there would be gunshot fire in the building, bodies of people killed in the building, and people who would run into the building to avoid any possible arrest after committing crimes.”

Lesufi expressed his intention to implement the recommendations made by the commission urgently. He underscored his commitment to making any necessary changes based on the report.

“Based on that, they can advise us if they accept the report and give instructions on what to do if they accept the report.”

“We cannot appoint a commission for nothing. The way the report has been presented, I would like to move to the next stage to implement the recommendations.

“We need the city and the main institutions mentioned in the report to play their part in establishing an implementation committee for tracking. No dust should pile on this report.”

“We’ll establish a joint implementation committee between the province and the municipality so that some of the recommendations so that we can move with speed to implement them. I think you are quite aware that Witness X has already appeared in court and we will request additional information from the saps and if they need additional information from us on this report.

“But from my office, we will and we have said to the chair of the commission we appreciate the work and we accept fully without any reservation the recommendations and we will move with speed to implement the recommendations,” stated Lesufi.

Recommendations

Khampepe made suggestions, one of which was demolishing the building. She also proposed that the city install a plaque to honour the victims with their names inscribed.

“All contraventions of the national acts and by-laws have been established, and the City must engage an independent process to determine who must bear responsibility or liability for each of the contraventions found in our report, and report any attendant criminal conduct to the relevant authorities for further investigation,” Khampepe said.

The report recommended the following actions:

● Erect a memorial plaque in an appropriate place to honour the deceased, including those whose identity has been established,

● Ensure the complete demolition of the Usindiso building;

● Engage in an independent process to determine responsibility for violations of national laws and regulations by reporting criminal behaviour to the relevant authorities;

● Consider appropriate action against Ms Botes, CEO of JPC, for neglecting the management of the Usindiso building;

● Further probe X, Y and associates for possible prosecution on various charges related to the tragedy;

● Requests SAPS to investigate allegations against Mr Mnyameni and Mr Mbedzi regarding shacks and rent collection;

● Providing ongoing psycho-social support to victims;

● Continued process by DHA to replace destroyed identity documents;

● Establishing a coordinated system between city entities for efficient service delivery and compliance with regulations;

● Ensuring integrated crime prevention efforts between JMPD and SAPS;

● The Lindela prisoners are processed, as usual, no further evidence being required from them;

● Consider the position of the MMC for Human Settlements and Public Safety and subject the accounting officers of the city entities to disciplinary processes for any negligence contributing to the Usindiso tragedy.