Johannesburg - The decision by Gauteng Premier Panyaza Lesufi to set up a commission of inquiry into the deadly Marshalltown fire “is just a waste of money”.
This is the view of opposition political parties in Gauteng after Lesufi appointed retired Justice Sisi Khampepe to lead the inquiry into the deaths of 77 people who perished in a fire after Usindiso Building caught fire on August 31.
Scores of people suffered serious burns and some are still battling for their lives in hospital.
Detailing his decision, Lesufi said: “This commission will be chaired by Justice Sisi Khampepe, assisted by Advocate Thulani Makhubela and Ms Vuyelwa Mathilda Mabena.”
Justice Khampepe recently retired as a judge of the Constitutional Court of South Africa and is serving as the chancellor of the University of Pretoria.
Makhubela has more than 26 years legal and business expertise. He has successfully testified in numerous matters before the Labour Court, the CCMA, and the High Court as well as regional and magistrate’s courts. Additionally, he represented clients before the Truth and Reconciliation Commission.
Mabena has been a community activist for many years. She has extensive experience working in the public sector, having served as an Ekurhuleni Municipality mayoral committee member.
Lesufi said the commission would investigate the prevalence of hijacked buildings in Johannesburg, what caused the deadly blaze in Marshalltown, and who should shoulder total responsibility for the tragedy.
While the terms of reference of this commission have yet to be disclosed, Lesufi was adamant that the work of the commission would not overlap with the investigations into the cause of the fire being carried out by the SAPS and other law enforcement agencies, but opposition parties disagreed. The EFF, which is part of the ANC coalition government in the City of Joburg, also came out guns blazing about Lesufi’s commission.
Dr Mgcini Tshwaku - EFF member and MMC for Public Safety in Joburg - said his party believed the millions spent on the commission could be better allocated to urgently upgrade the skills and technology of the metro police.
“This would enable them to more effectively root out the criminals who are benefiting from these hazardous and illegally controlled buildings. Past experience has shown how oftentimes these commissions take months, if not years, to conclude, with many yielding no results and only masking inaction,” Tshwaku said.
He added: “While we note the establishment of yet another commission of inquiry, we are well aware of the root cause behind the tragic Marshalltown fire. The issue is not mysterious or unknown; it’s the presence of hijacked buildings that serve as a tinderbox for such calamities. These structures are disasters waiting to happen.”
Newly formed Build One South Africa (Bosa) and less than a year-old Rise Mzansi also weighed in on the matter.
Bosa and Rise Mzansi were of the view that for justice to prevail, there must be a full
criminal investigation into those responsible for hijacking the building and causing the fire through negligent management of the building, and failure to place the appropriate fire prevention protocols and equipment in the building.
Bosa acting national spokesperson Roger Solomons was adamant that South Africans knew that commissions of inquiry did not ensure justice and accountability.
“One has only to reference the tragic Life Esidimeni Commission, as well as the Marikana, Arms Deal and State Capture commissions to conclude that such weighty legal instruments are not just ineffective.
“They are massive drains on taxpayers and result in zero compensation to the victims and their families - only exacerbated trauma, greater personal expense and no enactment of justice at all for the certifiable crimes committed by government functionaries,” Solomons said.
Makashule Gana - Rise Mzansi national organiser - described the commission as another PR stunt by the provincial government rather than dealing and confronting the issue head-on.
“What this needs is proper policing and prosecutorial work to bring to book the slum lords and hyenas that are exploiting poor people in Johannesburg and other cities in our country.
“The course of action we will support is one that will arrest and prosecute these hyenas, not another delaying tactic through the establishment of a commission of inquiry,” Gana said.