Labour on Thongathi Mall Commission of Inquiry proceedings

Thongathi Mall collapse: Engineer by-passed in inspections

The Department of Labour-appointed Thongathi Mall Commission of Inquiry today, 13 February heard how an engineer was overlooked in the inspection process during the construction of the doomed mall.

Documents in possession of the Thongathi Mall Commission of Inquiry showed that out of nine inspections conducted to monitor progress of the Thongathi Mall project only one document had the signature of the project engineer, Andre Ballack.

Thongathi Mall Commission of Inquiry, Presiding Officer Phumudzo Maphaha said it was standard procedure within the construction industry that if the signature of an engineer was missing no work should continue. Maphaha said the documents in possessing of the Commissin showed a number of inconsistencies in regard to procedures.

"It is astounding why a structure of this magnitude would be allowed to continue under this management process. That only one document was signed by an engineer highlights challenges in the management of the project. I find it hard to believe it was a mistake," Maphaha said.

Risen Naidoo, a sub-contractor doing post tension of concrete including electronic cabling during the project told the Commission that Ballack had passed responsibility of inspection to one of his co-colleagues.

Naidoo confirmed to the Commission that he was aware of the Court order lodged by eThekwini Munucipality prescribing that the project be stopped last October due to failure of plans to obtain approval.

Ismail van Zyl, a safety consultant hired by leading contractor Gralio Precast Pty Ltd told the Commission of Inquiry that he arrived on the project on August 13 when construction had already started and was not happy with the health and safety plans on site. Van Zyl testified that there was no monthly safety audit conducted. He said on two occasions he had come close to stopping work on the project, because he was not happy with scaffolding equipment.

Van Zyl said while he was on site on the day of the Mall collapse, he was not appointed to be there on a daily basis as there were other safety representatives hired by the contractor. He also told the Commission that he had no power to authorise any stripping on site.

According to Van Zyl, he had raised his concerns on the contravention of health and safety regulations, that a person could not be appointed in two positions in the health and safety environment. When cross-examined it appeared that some workers were appointed to oversee more than four activities on site which compromised Occupational Health and Safety regulations.

The hearings are being held at the Municipal offices of the North Coast town in Thongathi. The Commission is investigating a series of events that led to the mall collapse in November 2013. The Department of Labour is conducting the formal inquiry in terms of section 32 of the Occupational Health and Safety Act to probe allegations of negligence that result in occupational injuries and death of workers.

The Thongathi Mall Commission of Inquiry finalises the first phase of its hearings tomorrow.

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