The Marshalltown Fire Justice Campaign (MFJC) says it is disappointed that retired Constitutional Court judge Sisi Khampepe failed to recommend that victims and survivors of the Usindiso building fire should be compensated. Picture: Itumeleng English/African News Agency (ANA)
The Marshalltown Fire Justice Campaign (MFJC) has expressed disappointment after the inquiry into the Usindiso building fire, which claimed 77 lives, failed to recommend compensation for the victims and survivors.
The group said this would be essential if survivors were to have any chance of rebuilding their lives after suffering immense loss and trauma.
The group, comprised of activists, civil groups and unions, also wants the City of Joburg (COJ) to address the survivors' dire circumstances.
This came after the Commission of Inquiry reviewing the tragedy released part one of the report this week.
The City of Joburg’s spokesperson Nthatisi Modingwane did not respond.
The commission was established by Gauteng Premier Panyaza Lesufi to look into the fire that killed 77 people and injured 88 others last August.
Khampepe said the mayor should consider the position of the MMC for the Department of Human Settlement and Public Safety, whose political responsibility or lack of oversight brought about the disaster.
She added that the accounting officers at the Johannesburg Property Company (JPC), Joburg Water, City Power and Pikitup must be subjected to disciplinary processes where there was evidence of the contraventions of their duties.
Khampepe said the tragedy would have been avoided if these entities performed their duties.
Although it has welcomed the report and its recommendations, the MFJC said it was disappointed at the failure to recommend compensation for victims and survivors.
“We are disappointed that the report fails to recommend compensation for the victims and survivors of the fire, who have suffered immense loss and trauma. This will be essential if survivors are to have any chance of rebuilding their lives,” said leader Mametlwe Sebei.
Sebei added that the City must address the survivors' dire circumstances. He said since the survivors were relocated to their temporary accommodation in Denver, they have faced repeated flooding, with at least 10 incidents since last December. He said this has forced them to relive the trauma of losing their possessions multiple times.
“Moreover, the initial lack of electricity meant that survivors had to resort to candlelight, which only added to their distress considering the fire's origin. This continuous neglect highlights a systemic disregard for the well-being of the City’s impoverished communities, often exploited for corrupt purposes,” Sebei said.
Sebei said the scapegoating of residents by the city in the aftermath of the fire has been horrific. He said both the Department of Home Affairs and the City of Joburg treated the victims with a complete lack of respect and dignity.
“For this reason, we are dismayed that the report does not address the need for accountability for the evictions, detentions and deportations of many surviving residents. The cruel response by the city to migrant families who survived the fire must be accounted for.
“We demand that the Mayor take political responsibility and hold accountable the MMC of Human Settlements & Public Safety, as well as accounting officers from JPC, Johannesburg Water, City Power and Pikitup for their roles in exacerbating the disaster and its impacts. The COJ and its entities must take full responsibility for their actions and inaction, and provide fair compensation to the victims and survivors,” Sebei said.
The head of social and director at Norton Rose Fulbright, Candice Pillay, who represents the survivors, said what was most significant out of the recommendations was that the commission has found that the City of Joburg was responsible, and this lays out the basis on which the residents can now claim compensation.
“We are considering how this can be achieved. We will also participate in part B of the Commission of Enquiry regarding the state of the so-called hijacked buildings in Johannesburg as this may reveal evidence that will likely influence any compensation claim,” said Pillay.
Meanwhile, the South African Federation of Trade Unions’ (Saftu) general secretary Zwelinzima Vavi said despite claims by xenophobes and those seeking to scapegoat the failures of the government, that caused the housing crisis and worsening crime levels, on the immigrants, it disproves them as it shows that 23 of those that were identified were South Africans.
“That South African poor workers opt to live in these uninhabitable buildings proves that the real problem is the housing crisis, not the so-called illegal immigrants occupying buildings illegally. This is not to dismiss that criminal syndicates, some of whom are immigrants, do occupy buildings illegally, sometimes pushing legal owners out of such properties,” said Vavi.
He said Saftu has contended that the government is the main culprit to be blamed for the tragedy at Usindiso building because of negligence, failure to implement the city’s by-laws and the ultimate crisis of housing that has gripped the city and the country at large.
manyane.manyane@inl.co.za