It’s necessary to establish a direct link between negligence and Joburg fire deaths

Those who blame foreign nationals, human rights lawyers or apartheid for the fire that killed at least 77 people in Johannesburg overlook executive accountability. One reason why executives are highly paid is this: they have responsibilities.

The Usindiso building is owned by the City of Joburg. Which COJ executives might be liable? Perhaps chief executive of the Joburg Property Company (JPC) Helen Botes, city manager Floyd Brink and mayor Kabelo Gwamanda.

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The JPC CEO is responsible for the management and maintenance of city-owned properties. Responsibilities include ensuring buildings comply with safety regulations, conducting regular inspections and addressing known safety concerns.

According to SA National Standards 10400-Building Regulations, the owner must comply. The owner is JPC. Botes refuses to talk to certain journalists. JPC CEO Botes was suspended during Mpho Phalatse’s mayorship.

In March, News24 reported: “JPC has been a hotbed of corruption … with the Special Investigating Unit making damning findings against Botes and other officials, concluding that executives contravened the Municipal Finance Management Act and the JPC’s supply chain management policies when they pushed through an R18 million Covid deep-cleaning contract to suppliers which did not have the necessary accreditation.”

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More recently, the third-quarter JPC performance assessment report shows the city’s properties continue to deteriorate under poor management. Urban decay has been allowed to take hold.

JPC has failed to keep the city’s assets clean, in good order and compliant with environmental, health and safety requirements.

Botes’ suspension was lifted and she was reinstated after Phalatse was voted out as mayor early this year. Former EFF chair Dali Mpofu was then appointed to head the JPC board.

The city manager is responsible for the overall administration of the city. This includes overseeing departments, budgets and policy implementation. He should ensure departments collaborate to enforce safety standards.

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Brink had been placed on special leave amid corruption allegations. He returned as manager when Phalatse was ousted. This was not Brink’s first brush with controversy.

In 2013, when he was general manager in the Limpopo roads and transport department, he was arrested in a corruption investigation which included Julius Malema’s links to the On Point Engineering scandal. Join dots?

In June, the Financial Sector Conduct Authority confirmed it was investigating allegations that mayor Gwamanda had run a Ponzi scheme. These are the executives who might be held accountable, if they could be pinned down.

Negligence is key in determining accountability. Negligence includes failure to exercise reasonable care, resulting in harm to others. Negligence could involve a failure to maintain safety standards. Culpable homicide charges can be brought when negligent actions or omissions result in someone’s death.

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It would be necessary to establish a direct link between negligence and deaths. When executives blame human rights lawyers, are they masking their own incompetence or lassitude?

Evictions are not impossible under the Prevention of Illegal Evictions Act. They require diligence and expertise, rare in the city.

Can politically protected officials named here survive the spotlight of Judge Sisi Khampepe’s commission of inquiry into the fire? We shall see.