Following the closure of Die Herberg Hotel on December 5 by Mogale City Local Municipality’s (MCLM) Public Safety due to non-compliance after a fire, the management of the hotel has responded.

According to mayoral spokesperson Palesa Molefe, the hotel was not allowed to operate, even partially, due to safety concerns after a recent fire.

• Also read: Public Safety closes well-known hotel in CBD

Hotel management hits back

Meanwhile, Die Herberg Hotel associate business partner Victor Siwela criticised the closure, calling it harmful to business.

“We have two stands. The one that was damaged was demarcated, and nobody has access to it. Structural engineers assessed both buildings. Insurance and municipal reports are available, and all necessary fire-safety equipment was installed within a week after the disaster,” he explained.

Siwela claims officials acted on incorrect information, harming the business.

“We walked the officials through the building, but they left without issuing a violations certificate on site and applied their locks,” he said.

He added that the role of officials is to work with the public, and they have always prioritised safety.

“Even during the fire, there were no injuries or deaths because all safety requirements were in place. We rely on two days per week for income. Who will compensate for the loss for the weekend?”

He emphasised that both fire and structural engineers had communicated with the municipality to ensure compliance.

“We have been in contact with the municipality since the disaster to meet requirements. They acted on incorrect information and did not do proper research,” he stated.

• Also read: Municipality clarifies notice after Die Herberg Hotel fire

Officials cite safety and compliance

Despite Siwela’s claims, MCLM maintains that they acted appropriately.

Molefe stated that Siwela’s assertions are not true and that MCLM followed the correct legal process under Section 12 of the National Building Regulations and Building Standards Act. The actions were based on independent structural and fire assessments and formal directives from Fire Risk Management, as per a notice served on October 14 to the owner(s) of Erf 1248, which is interconnected with Erf 1247 by construction and use.

According to Molefe, following the fire on October 13, the premises were inspected, and a formal Section 12 notice was issued to the owner of Erf 1248.
“The notice indicated that the building posed a risk to life and property, required evacuation and prohibited anyone from using or occupying the building without written permission from the local authority. Subsequent structural and fire-engineering reports confirmed significant damage and showed that key life-safety requirements were not met. These findings do not support a partial re-opening.”

On November 5, the District Fire Chief directed that new building plans be submitted, remedial work completed, and an Occupancy Certificate obtained before the building could be used by the public.

“Although the notice specifically refers to Erf 1248, the hotel and pub function as a single integrated building, even in terms of the approved fire-rational design. Therefore, there is no safe or lawful basis to treat the undamaged wing as a separate compliant building while fire-protection systems and safety measures for the overall structure remain non-compliant,” Molefe added.

She concluded: “Public Safety, in the presence of the Executive Mayor, implemented the Section 12 Notice and followed the District Fire Chief’s requirements. The municipality cannot allow occupancy of a building that does not comply with the National Building Regulations or that lacks an Occupancy Certificate.”