Acts of omission on the part of Freightmax has no bearing on the Jacobs structural collapse – lawyer tells inquiry
A lawyer representing Imperial trading as Freightmax submitted before the Imperial Logistics Structural Collapse Inquiry that the company had complied substantially with the health and safety legislation and Construction Regulations, adding that “any act or omission on its part had no bearing into the collapse”.
Kenneth Coster from Webber Wentzel Attorneys said on the balance of probability Freightmax had complied with Occupational Health and Safety (OHS) and Construction Regulations – therefore it cannot be held responsible for deaths and injuries. He said there would be no probable cause to make findings against Freightmax, its executives and employees.
He said the company had gone the extra mile by appointing (experts) health and safety agents as prescribed in the legislation.
The lawyer was submitting his heads of argument before the Imperial Logistics Construction Structural collapse inquiry. The collapse of the building in Jacobs, Durban, is expected to conclude its work this week. The structure collapsed occurred during the construction of a flammable store. The hearing is being held at the KwaZulu-Natal Master Builders Association offices, 40 Essex Terrace, Westville.
The Imperial Logistics Construction Structural collapse inquiry was initiated by the Department of Employment and Labour to investigate the causes of the collapsed building in Jacobs, Durban. The Jacobs structural collapse incident, which happened in March 2018 led to the deaths of four workers: Bhekuyise Moses Sibiya, France Mokhuthu Sekalu, Constandino Mapukula and Siyabonga Bhane. Four other workers were injured.
This fatal collapse caused structural damage to an adjacent building and damages to a heavy duty vehicle which was stationed on the public road along the perimeter fence of the facility.
Coster said despite questions raised about the competence of Mr Demo Salerno (from Archi Studio), he was a qualified architect and had in the past constructed a number of facilities. Coster submitted that Salerno was not registered with the South African Council for the Project and Construction Management Professions (SACPCMP) and Freightmax had no doubt of his competence.
“We cannot be criticised in a very technical manner, that we have outsourced work to someone whose competency we cannot trust,” he said there was a plethora of evidence that Mr Salerno was performing his duties as contemplated under the Construction Regulations and that the buck stopped with him.
“Freightmax, by appointing Mr Salerno – having accepted his duties placed on him he should, surely further the aims of his principals – by complying with regulations,” he said. Commenting on the failure by Freightmax to produce risk assessment documents, Coster further submitted that Freightmax as a logistics company did not fail to consider the high level risk on its construction site, and it was for this reason that it took all reasonable steps to appoint experts on the construction site.
“The building was effectively constructed. The collapse was sudden and unexpected. What we have here is a quality issue not a health and safety issue. All control measures were put in place. In substance we complied,” said Coster.
The inquiry continues tomorrow (August 1).
Media is invited to the inquiry.
For more information contact:
Nhlanhla Khumalo
Provincial Communication Officer (KwaZulu-Natal)
Tel: 031 366 2018
Cell: 066 488 0265
Email: nhlanhla.khumalo@labour.gov.za
