Tongaat Mall commission to convene in Umhlanga

Proceedings took an unusual turn when the Tongaat Mall Commission resumed this morning.

Commissioner Phumudzo Maphaha has ruled that the commission sit in Durban next week, to examine a finite model of the mall used by design engineer Andre Ballack.

His decision stemmed from a line of questioning by Ballack’s legal representative advocate Richard Hoal, during his cross-examination of engineer Rob Young.

Hoal was questioning Young on his decision to exclude the mall’s east retaining wall in his calculations of the bracing structure.

Young maintained that since the wall was not a rigid element, it need not be included in the “first phase” of bracing calculations.

He did, however, concede that the calculations in evidence had been done “quickly” and were not completely accurate because they had not taken into account Ballack’s finite model.

Maphaha then stepped in and asked for the diagrams of the east retaining wall to be sourced, following which he decided the commission should view Ballack’s finite model.

“It is difficult for me to understand your line of questioning as we have not seen the model,” Maphaha told Hoal.

The commission will sit at the Cox Yeats Attorneys offices in Umhlanga on September 29, where Maphaha will swear Ballack in and allow Hoal to lead him in evidence only pertaining to the model.

“This commission is not bound to this building. I could even go to Johannesburg to view the model in Ballack’s offices. Do not make things that are easy, difficult,” Maphaha admonished Hoal, who had tried to object to the logistics of showing the 3D finite model in the present location.

Cross-examination of Young will then continue on September 30.

The commission is presently continuing at the Tongaat Civic Building, where Hoal has been asked to pursue a different line of questioning on Young.

Yesterday engineering expert Rob Young was put under cross examination. He claimed the mall’s original plans were not followed.

The Tongaat Mall collapsed in November last year, killing two people and injuring 29.