'The JPC and Botes were responsible for the state of the Usindiso building.'
Organisation Undoing Tax Abuse (Outa) is seeking legal action to declare a former top City of Johannesburg official a delinquent director in order for her to account for the Usindiso building fire that claimed at least 76 lives.
Delinquent director declaration sought against Helen Botes
Outa executive director advocate Stefanie Fick has confirmed the papers were served on former City of Joburg Property Company (JPC) CEO Helen Botes last week.
Fick said Outa wants Botes to be declared a delinquent director firstly and, most importantly, because of the Usindiso building fire, which killed at least 76 people.
“This action is based on the JPC’s failure to manage its buildings, resulting in the deadly Usindiso building fire of 31 August, 2023,” she said.
“This is Outa’s second delinquent director action, following the precedent-setting declaration of former SAA [South African Airways] chair Dudu Myeni as a delinquent director in May 2020.”
ALSO READ: Usindiso’s arson confession deemed admissible as evidence by the court
City entities named as interested parties
Fisk said JPC is named as the second defendant, and the City of Joburg (COJ) as the third defendant.
JPC is a municipal entity wholly owned by the COJ. The JPC and COJ are cited as interested parties, as Botes is still listed by the Companies and Intellectual Property Commission (CIPC) as a JPC director and Outa does not seek any relief against them unless they oppose Outa’s claim against Botes.
Fick said Outa regards Botes as delinquent because she has been an executive director and the managing director or CEO of the JPC since 1 August, 2008, serving three consecutive terms.
“Her last contract expired on 1 September, 2024, but she appears to have continued in the role for a few months or in another senior role in the COJ,” she said.
“Botes was appointed as a JPC director on 1 August 2008 and, according to CIPC records on 14 August, is still a director. She is believed to be working in a senior capacity for the CoJ.”
JPC’s responsibility for city property portfolio
The JPC was established in 2000, as a wholly owned subsidiary of the COJ to manage the city’s property portfolio.
“Botes told the Khampepe commission that JPC manages 28 280 assets with a book value of R9.269 billion, including buildings, parks, cemeteries, nature reserves and bus terminals,” she said.
Fick said the Usindiso building has been owned by the city since 1954 and managed by the JPC since it was established in 2000, “thus the JPC and Botes were responsible for the state of the Usindiso building”.
ALSO READ: ‘Nothing will happen to them, no matter how many cases are opened’: NPA receives docket on JPC boss
Call for accountability and justice
Fick said the reason Outa was waiting to declare Botes delinquent was also her role in the unlawful procurement of Covid-related services, where R18.6 million was allegedly spent on dodgy companies for JPC.
“Outa demands that Botes face immediate and decisive accountability,” she said.
“Public officials entrusted with life-and-death responsibilities cannot be allowed to walk away from catastrophes without consequences.
“We owe it to victims, their families, and citizens of South Africa to ensure those responsible are held accountable, and that such a disaster never happens again.”
READ NEXT: VIDEO: ‘Nothing effective is happening’ – DA leaders visit Usindiso building in Joburg
