Marshalltown fire: Maspala is to blame, says report

THE blood of those who died in the Marshalltown fire in August 2023 is on the hands of the City of Joburg.

This was according to a report of a commission of inquiry into the fire, which found that the City of Joburg and its entities are liable for the deaths of 77 residents who died when Usindiso Building caught on fire. 

This was heard when retired Constitutional Court Justice Sisi Khampepe, who chaired the commission, handed over the report to Gauteng Premier Panyaza Lesufi in Midrand on Sunday, 5 May, after almost six months of hearings. 

The city ignored the signs

According to the report, it was revealed that the city breached its own by-laws and never attended to repairs and maintenance of the building together with Joburg Property Company (JPC). 

Furthermore, the report said the building showed signs of disrepair and danger to life and property and needed to be demolished. As a result, without singling out individuals, the city was found liable for the deaths.

The report read, in part: "The City of Joburg and its entities, including the JPC, must bear the responsibility, in part, for what ultimately became the tragedy of the 31 August 2023 fire. In the limited time that the commission was to probe circumstances surrounding the fire and its aftermath, there was no opportunity to drill down to the individuals in the various entities who must bear responsibility and/or accountability.  

"While desperate living conditions of the residents of the building exacerbated the outcome of the fire, some partial and contributory apportionment of wrongdoing must follow. This is important to vindicate the rule of law, which must apply equally to all."

ALSO READ | Ramaphosa: No tlof tlof before you vote!

During the inquiry, the commission heard testimony from now-arrested Sithembiso Mdlalose, who confessed to starting the fire after he allegedly strangled someone and tried to hide the murder by setting the victim's body on fire. 

While this evidence was captured, the report said consequences of the fire could have been mitigated had the city complied with its legal obligations as owner and municipality. 

Among other findings, the report revealed how since 2019, the JPC was aware of the appalling deterioration of living conditions in the building and nearly four years later, the JPC and City of Joburg did nothing to address alarm bells which included overpopulation and residents not receiving any basic municipal services such as water, electricity services and waste management from City of Joburg. 

According to the report, the building became a hazard because tenants used fire equipment such as fire extinguisher hoses to draw water for domestic use and made illegal connections to the transformer to obtain electricity.    

Recommendation 

In light of the findings, the report recommended that the building be demolished, and the city must consider putting a plaque in memory of the deceased. The report also recommended that the plaque should bear the names of those who died in the fire.

The JPC board of directors was ordered to take appropriate action against Ms Botes, JPC CEO, for total disregard of managing the building despite knowledge of its disastrous state since at least 2019.  

It was also recommended that the MMCs of Human Settlement and Public Safety be sanctioned for the disaster and for the JPC, Joburg Water, City Power and Pikitup to also be held accountable.

Lesufi promised to meet the recommendations and assured people that he would meet with the city in the coming week to discuss the report.

The people react

The Marshalltown Fire Justice Campaign welcomed the report, however still remains adamant in their demands for full accountability and compensation.

Marshalltown Fire Justice Campaign coordinator, Mametlwe Sebei said:

He added: “Since the inception of our campaign, we have argued that the City of Joburg, not the building residents, bears the responsibility for the tragedy because it failed to ensure the building's safety.

“We demand swift action on the commission's recommendations and urgent action to alleviate the city's housing crisis.” 

He shared concerns about the survivors who still live in dire conditions since their relocation to temporary accommodation in Denver. He said they have been forced to relive the trauma of losing their possessions multiple times moreover.

Human rights activist, Andy Chinna said the report was critical and gives victims answers to their never-ending questions. However, he also challenged the issue of compensation, which could have also been highlighted in the report.

The office of the MMC for Public Safety, Dr. Mgcini Tshwaku noted the release of the report and said he would study and engage with members of the public, particularly residents of the city.

“Our commitment remains to transparency and accountability, and we will address any relevant matters following the official process," Tshwaku said.