Dr Pieter Pretorius, an engineer from PCP Engineering Consultants, mandated to investigate the design and look at their suitability leading to the collapse of the fatal Thongathi (Tongaat) Mall - testified before the Commission that, although he was not impressed with the accuracy of the construction of the Mall it was not an "irregular structure, nor was it a high rise building".
Pretorius told the Commission that based on his observations of the Mall structure he would have used larger columns for support.
Advocate Saleem Khan who represents Gralio at the Inquiry accused Pretorius of evading questions to protect Andre Ballack, the contracting engineer.
Ian Topping, an advocate representing eThekwini Municipality in the Inquiry said had the "stop notice" been heeded the Commission would not been in place today. Topping told the Commission that the Municipality intends to take legal action against those who proceeded to build the Mall without approval of plans.
The Thongathi (Tongaat) Mall commission of Inquiry was appointed following the structural collapse of the Mall that led to the death of two workers and injury to 29. The Section 32 hearing, was instituted by the Department of Labour in terms of the Occupational Health and Safety (OHS) Act - to Gather evidence against parties whose negligence resulted in occupational injuries and death of workers.
The Thongathi Commission of Inquiry held at the North Coast Town Municipality offices will continue on 18 and 19 September.
For more information contact:
Nhlanhla X Khumalo
KZN Provincial Spokesman
Tel: 031 366 2018
Cell: 074 589 9682
E-mail: nhlanhlax.khumalo@labour.gov.za