Thongathi Mall Commission of Inquiry brought to a temporary halt due to conflict of interest
The Thongathi Commission of Inquiry came to a premature halt today, 11 February when the Presiding Officer Phumudzo Maphaha brought proceedings to a halt to allow for parties to sort out representation and issues of conflict of interest.
Ronnie Pillay, a foreman at the Thongathi Malll construction site on the day of the Mall collapse last November was due to be the first witness to testify. Matters came to a halt when it was discovered that Advocate Saleem and his legal team instructed by Attorney Rajan Naidoo were also representing various parties set to testify including Rectangle Properties; Gralio Precast Pty Ltd, consultants and employees of the construction companies.
Maphaha said the Inquiry could not proceed under these circumstances as this scenario represents a conflict of interest. Maphaha said this was a challenge that needed to be overcome. He said he would not allow a single firm of legal representatives to represent more than two parties.
“I wish to bring proceedings to an early conclusion due to procedural issues. It will be fair to also afford employees who could not be consulted properly an opportunity to do so,” Maphaha said.
Legal representatives representing Pillay and constructors lamented that they were being denied access to the doomed construction site, which Maphaha denied saying anyone had access as long as due precaution was taken to prevent further hazards.
The Thongathi Commission of Inquiry is presided by Maphaha assisted by Sandile Kubheka, a co-presiding officer and Lennie Samuel, a forensic investigation and organiser.
The constructors’ legal representatives also requested that Samuel (one of Commissioners) recuse himself. The lawyers argued that Samuels recuse himself because he had compiled a statement which the witness (Pillay) does not agree with.
Maphaha disagreed and said that Samuel should not recuse himself. He said the witness had a right to disagree with the statement drafted. The Thongathi Mall Commission of Inquiry was set up by Department of Labour (DoL) to uncover what may have transpired during the Thongathi Mall disaster.
The current first phase of hearings will continue until Friday (February 14).
The Section 32 hearing, instituted by the Department of Labour against parties whose negligence results in occupational injuries and death of workers is being held in the Municipal Offices of the North Coast town of Thongathi.
For more information contact:
Nhlanhla X Khumalo, KZN Provincial Spokesperson
Tel: 031 366 2018
Cell: 074 589 9682
E-mail: nhlanhlax.khumalo@labour.gov.za
