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Twenty-four hours after a multi-storey, partially built block of flats collapsed on Monday, 48 people remained unaccounted for while six are confirmed dead.
The building was due for completion and occupation on 1 August before the tragedy occurred on 6 May 2024 around 2.30pm. Seventy-five people were employed on the site
Emergency teams and various services were at the scene in Victoria Street on Tuesday in a frantic attempt to recover the artisans who remained entombed. At least 23 workers have been rescued so far.
The South African Police Services (SAPS) cordoned off the precinct and declared it a crime scene, while engineers, forensics and other experts attempted to piece together what led to the shocking implosion.
Rescuers carry a person on a stretcher as they race to save construction workers trapped under a building that collapsed in George. (Photo: Reuters / Esa Alexander)
History of Erf 15098
While many are seeking answers as to who might be responsible for the tragedy, it will take months to determine what exactly went wrong and who will be held to account.
What we do know or what is in the public realm is the history of the development of what was to be simply called “75 Victoria”, as records were filed with the George Municipality. These are part of municipal records accessible to the public.
The erf as attached to proposals submitted to the George Municipality in November 2020. (Image: Supplied)
The January 2021 plan from the rezoning application as approved by the municipality. (Image: Supplied)
In August 2020, the owner of a 1,228m²plot of land, Erf 15098, located on Victoria Street, sold the property for R207-million in a private sale to a company, Pacific Breeze Trading 91, registered with the Companies and Intellectual Property Commission as being in the business of “general trading in all aspects”.
The deal was finalised on 4 November 2020, according to the Deeds Office. Directors of the company are Anton Booysen, Carel Swanepoel and Annette Swanepoel. Pacific Breeze was registered in 2005.
In November 2020, the George Municipality held a “pre-consultation” meeting with an official, Ilane Huyser, and town planner Jan Vrolijk, as the “pre-applicant” for rezoning and deviations for the planned development.
Records show that applications were made by the owner, through Vrolijk, who was given power of attorney by Swanepoel, for changes to the original plans. These included an extra level, turning an original three-storey plan into a four-storey block, as well as adding basement parking.
Earlier, in September 2020, a Land Use Planning Pre-Application Consultation Form had been completed and was re-submitted at the November meeting with the municipality.
Discussions then were about rezoning as well as various deviations, including building line relaxations, height, coverage, floor space and parking requirements.
Pacific Breeze proposed including basement parking, that the building be increased from four to five storeys to include ground-floor parking, over and above the basement parking.
The building would be 14.45m tall and a roof garden (2.72m high) was proposed, which would raise the height to 17.17m.
The proposal also contained 66 parking bays with a ratio of 1.25 per unit and 0.25 per visitor, which would be housed in the basement. There were also proposals for the adjustment of building lines.
Approval
On 1 January 2021, Vrolijk was informed by Clinton Petersen, senior manager of town planning in the George Municipality, that the application for various changes had been approved.
Reasons included that “the subject properties are located within walking distance from public transport facilities (“bus stops”) and supports the efficiency of public transport systems and transport-orientated developments”.
In addition, the development “would provide for much-needed housing opportunities”, it “supports densification in strategic areas” and it would not have an adverse impact on adjacent neighbours.
“The development can thus be deemed compatible with the spatial planning policies and guidelines for the area.”
Petersen then set out the conditions of his directorate and stated that because of the changes, “development charges” totalling R1,533,848.06 would have to be paid to the municipality by the developer. The plans, Petersen added, would still have to be submitted for approval.
In March 2021, Vrolijk, on behalf of Pacific Breeze, applied for the development’s number of floors to be increased from “four to five”.
The same month, a local conveyancer certified that the title deeds contained “no conditions restricting the contemplated land use in terms of the Land Development Application”.
Apartments were originally pre-advertised for R 1.7-million for a two-bedroomed unit by one agent in the area, with the beginning of construction earmarked for 1 April 2023, completion on 31 March, with 1 May 2024 as the occupation date.
The development, it was later announced, would be completed by July 2024 with occupation in August.
Legal contractor
George Mayor Leon van Wyk told the George Herald on Tuesday that the developer on the project was the Neo Trend Group Ice Project, which had submitted plans in December 2022, which had been approved in July 2023.
Theuns Kruger, director of the contracting firm, Liatel Developments, said the company would offer full cooperation with SAPS and was assisting with ongoing rescue efforts.
On the website for the Muscle Creek development, Kruger describes himself as a “practising attorney with vast experience in commercial and construction law”.
He adds that he has practised for his own trust account for the past 14 years and that his company was formed in 2009 “with the purpose to be a vehicle to assist and consult on various property and commercial developments”.
This included “various legal aspects associated with management, but also includes assistance with the administration and financial associated with construction and developments”.
The Western Cape government has since appointed an engineering firm V3 to investigate what led to the collapse of the building. DM
