DA lays charges for Bank of Lisbon fire
18 September 2018
The Democratic Alliance has today laid criminal charges against three Gauteng MECs and the heads of four provincial government departments for their neglectful actions that led to the deaths of three firefighters and injuries suffered by others in the fire that broke out in the Bank of Lisbon building on 5 September 2018.
The charges include culpable homicide for the deaths, and contraventions of the Occupational Health and Safety Act (OHSA), the National Building Regulations and Building Standards Act (NBRBSA), and the Government Immovable Asset Management Act (GIAMA), which could result in hefty fines and prison terms.
The major share of blame lies with Infrastructure Development MEC Jacob Mamabolo, whose department owns the building, and Health MEC Gwen Ramokgopa who failed to ensure that her Department, as the major tenant of the building, had a fully functioning Occupational Health and Safety Committee in place.
Mamabolo has admitted that on 27 August this year he received a report that indicated the building was only 21% compliant with standards.
Both Mamabolo and Ramokgopa ignored multiple warnings from staff and unions that the building was unsafe.
Uhuru Moiloa, the MEC for the Departments of Human Settlements, and Cooperative Governance and Traditional Affairs, which had staff in the building, also has a degree of culpability which is lessened somewhat as he was only appointed in March this year.
We believe that the following statutes have been contravened:
1. Section 38(2) of the Occupational Health and Safety Act, Act 85 of 1993 provides that an employer (which would include the Departments referred to above and their representatives) who does an act or omits to do an act causing any person (including the firemen or the injured parties) to be injured at a workplace or killed to be guilty of an offence including culpable homicide leading to a fine not exceeding R100 000 or imprisonment not exceeding two years, or both.
2. Contraventions of section 20(2) of the National Building Regulations and Building Standards Act, Act 103 of 1977. Contravention of the National Building Regulations Part T fire protection read with SANS 10400-T:2011. Annexure A, and in particular part T, of the Regulations provides for various offences relating to failure to maintain the safety of a building, including, inter alia installation of fire extinguishers, escape routes, and water sprinkler.
3. In terms of section 4 (1) of the Government Immovable Asset Management Act of 2007 (GIAMA), an accounting officer is obligated to assess the condition of an asset at least every 5 years and determine the maintenance required. According to Section 21 of GIAMA, an accounting officer is guilty of an offense and liable on conviction to a fine or to imprisonment for a period not exceeding 5 years if he or she willfully or negligently contravenes it fails to comply with the Act.
The DA has laid these detailed charges as we are determined to ensure accountability and consequences for politicians and officials who failed in their duty to take the statutory preventive measures that would have averted this disastrous fire.
Issued by Jack Bloom and Alan Fuchs, DA Gauteng Health Shadow MEC and DA Gauteng Infrastructure Development Shadow MEC, 18 September 2018
