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In a landmark revelation, the first part of a long-awaited commission of inquiry report into the devastating Usindiso building fire that claimed the lives of 76 people and left many injured and homeless in Marshalltown, Johannesburg, has finally been unveiled. This tragic event, which occurred at the intersection of Albert and Delver’s street, shook the heart of Johannesburg Central (Region F) to its core.
The report, released on Sunday, meticulously unravels the events leading to the catastrophe at the Usindiso building on 80 Albert Street, shedding light on its origins and providing crucial recommendations for accountability. As Johannesburg’s deadliest fire, claiming the lives of 12 children among the 76 lost, the report’s findings point to the City of Johannesburg and its entities as responsible. However, the city awaits the full report to meticulously review and respond to the findings accordingly, as confirmed in a statement issued on Monday.
Read more in Daily Maverick: From safe haven to hijacked den – Marshalltown fire inquiry hears of building horrors as confessed arsonist appears in court
The Marshalltown Fire Justice Campaign has welcomed Part 1 of the Usindiso Commission’s report, confirming the City of Johannesburg’s responsibility for the tragic fire that claimed 76 lives.
“The report vindicates our stance on the city’s negligence and bylaw violations. We demand disciplinary action against negligent officials, rebuilding of affected buildings, a memorial plaque, and social support for victims. Disappointingly, the report neglects compensation for victims and fails to address the dire conditions survivors face. The city must be held accountable for its actions, provide fair compensation, and ensure such tragedies are prevented in the future,” their statement read.
Commission of inquiry
In September 2023 Gauteng Premier Panyaza Lesufi established a commission of inquiry into the fire to investigate the circumstances surrounding the fire led by retired judge Justice Sisi Khampepe.
Initially, Usindiso was a Pass office for ‘natives’ that was established in 1945. The building was then leased to Usindiso Ministries for abused women and children for about 10 years from July 2003. The lease expired in 2013 and was never renewed due to the NGO’s lack of funding. The NGO left in the premises in 2017. The building continued to operate as a shelter for several years before Usindiso left the site, which led to unauthorised persons gaining access to and occupying the building — commonly referred to as building hijacking — in 2018.
Read more in Daily Maverick: Councillor accused of acting as landlord for hijacked building to testify in Mashalltown fire inquiry
Before it was even leased to Usindiso Ministries, the building — located in an industrial zone — was never rezoned for residential use, nor was a certificate of occupation for residential purposes granted.
City of Joburg admits inaction
During the commission, the City of Johannesburg and its entities admitted to becoming aware of the distressing living conditions at Usindiso and that no steps were taken to address the issues that relate to but are not limited to crime, non-compliance or contravention to City by-laws including non-payment of services from at least 2019 until the fire on 31 August 2023.
About 281 statements of witnesses were admitted into the record by the commission including that of a 29-year-old man who confessed to having started the fire by pouring petrol on a corpse to conceal evidence of murder he had just committed on the ground floor. This was corroborated by expert evidence from SAPS which confirms that the fire originated from the ground floor. However, it stated that no evidence of ignitable liquids was detected.
Read in Daily Maverick: Man claiming to have started Joburg Marshalltown inferno faces murder charges
Of the deceased 76 persons in the Usindiso fire, 57 were positively identified, and 19 have not yet been identified. Of those who were positively identified, 23 were South African; 20 were Malawian; 6 were Zimbabweans; 4 were Tanzanian; and 4 were Mozambican. Scores of other people were injured and left homeless.
While the commission has pointed to the City and its entities as responsible for the tragedy, it has recommended the following actions:
- Erect a memorial plaque at an appropriate location to honour the deceased, including those whose identities have been established;
- Ensure the complete demolition of the Usindiso building;
- Engage in an independent process to determine responsibility for contraventions of national Acts and By-laws, reporting criminal conduct to relevant authorities;
- Consider appropriate action against Ms Botes, CEO of the JPC, for neglecting the management of the Usindiso building;
- Further probe X, Y, and associates for possible prosecution on various charges related to the tragedy;
- Request SAPS to investigate allegations against Mr Mnyameni and Mr Mbedzi regarding shacks and rent collection;
- Provide ongoing psycho-social support for victims;
- Continue the process by DHA to replace destroyed identity documents;
- Establish a coordinated system among City entities for effective service delivery and adherence to By-laws;
- Ensure integrated crime prevention efforts between JMPD and SAPS;
- Lindela detainees are processed as usual, with no further evidence required from them;
- Consider the position of the MMC for Human Settlements and Public Safety and subject accounting officers of City entities to disciplinary processes for any neglect contributing to the tragedy at Usindiso.
Commenting on the commission and its findings, human rights activist Andrew ‘Andy’ Chinnah — who has been involved in helping the fire victims in the aftermath of the fire — told Daily Maverick:
“I’m pleased with the commission as it gave a platform to hear and understand the context of the fire and its impact and genesis holistically instead of the narrative that it was caused by and affected ‘illegal undocumented foreign nationals’. Given the report and suggestion that the City and its entity should account for the tragedy, the question is what is now the action plan going forward?
“While I note that the City still has to familiarise themselves with the contents of the report and comment on the problem, there is never a plan with a timeline. It’s another report we are hoping won’t gather dust and there needs to be a push from the Premier’s office and national government to get answers and monitor the commission’s recommendations and what happens next. But also the biggest lesson is the establishment of a blueprint of how to deal with disasters of this nature.
Acknowledging the many complexities in this, one of the biggest things I have realised is there has been no will to take appropriate action. For example, the creation of Denver temporary location — there was no will to provide housing as the address lacked the bare minimum of resources six months into the tragedy. The three buildings that initially were to be renovated for victims to move in are still a myth. The City of Joburg Mayor made note of renovating similar buildings within the City to give dignity to people who live in them yet again no timeline. Yet still, victims are stuck in Denver in undignified tin houses with no plan,” said Chinnah. DM
