The SAHRC calls on organs of state to reflect on the JHB tragedy
12 September 2023
The South African Human Rights Commission (the Commission or SAHRC) together with the South African population at large watched with great shock and dismay as 77 people lost their lives on 31 August 2023 following a fire that broke out at Usindiso in the Johannesburg CBD.
The Commission applauds the Johannesburg Emergency and Management Services for their work in saving the lives of some of those living in the building and providing aid for all those who were left destitute. The Commission again wishes to extend its condolences to those who lost their loved ones in the tragedy and urges all South Africans to remember them and their families during this difficult time.
The Commission notes with concern the rhetoric that followed the fire which places the blame squarely on the non-governmental organisations (NGOs) and the South African Human Rights Commission. Being a Chapter 9 institution that derives its mandate from s184 of the Constitution, SAHRC is mandated to monitor and assess the observance of human rights in the Republic, including by all organs of the state.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, of 1998 (the PIE Act) has been at the centre of the discourse. The PIE Act was enacted due to South Africa’s history of arbitrary evictions during the colonial era. At the time, a landowner could evict any person from their home as and when they wished without any state intervention.
The PIE Act was enacted to give life to section 26(3) of the Constitution so that no one may be arbitrarily deprived of property. This includes instances where the state is the landowner but also where there is private ownership (lessee/lessor).
The Commission wishes to emphasise that the requirement for a lawful eviction to take place, is that the evictor must obtain a court order as well as follow all the necessary procedures.
The current discourse requires all state organs to work together to address the issue of hijacked buildings. Blaming NGOs and other entities for upholding PIE and highlight the state’s non-compliance with the statute is not the correct course to follow.
The tragedy highlights the issue and challenges of urban migration as well as city planning which has been previously highlighted by the Commission during its visits to hospitals in Gauteng. It is estimated that by 2030, 70% of the national population will be residing in urban areas. Municipalities and all state departments need to consider and plan adequately to meet the demand for all basic services, including housing, health care, and education. This requires a cohesive, cooperative, and proactive approach.
The Commission urges all state departments to consider the tragedy as an opportunity to reconsider their planning as the country is crippled by a shrinking fiscus, load shedding, unemployment, landlessness, water-shedding, and other socio-economic problems.
The Commission has opened its own accord investigation and will join MEC Maile, on 12 September 2023, in a discussion on possible solutions to the housing challenges in the province.
Issued by Wisani Baloyi, Acting Communications Coordinator, SAHRC, 12 September 2023
