Thongathi mall inquiry draws to a close as parties presents heads of argument
Parties involved in the collapse of the Thongathi Mall have on Friday presented their heads of argument to the commission of inquiry.
The commission is a sequel to the fateful event which took place on 19 November 2013 where two people died and 29 others were injured.
The commission was established in terms section 32 of the Occupational Health and Safety Act, to establish the factors that may have led to the incident and the possible negligence on the part of the contractor.
A representative of the subcontractors; Ramlakhan Omprakash said, Ismael Van Zyl who was employed by both Gralio Precast and Rectangle Properties was a competent safety Consultant.
He said that in no way was there an evidence that the Safety Officer contributed to the collapse of the mall because of his outstanding competencies.
Ian Topping, who represented the Ethekwini Municipality, said that the contractor failed to comply with the provisions of the National Building Regulations and Building Standard Act.
"Rectangle is accordingly obliged, at present date, to do all things necessary to demolish whatever remains of the mall and then start afresh and seek the municipality's approval for the construction of any new structure on site," Topping said.
A representative for the design Engineer; Richard Hoal, said a conclusion was reached by all investigating engineers that a failure was caused by either or combination of the weak concrete, the lack of reinforcing in the Beam, the failure to ensure the pile could sustain the designed pile load and the alleged deficiency in the load carrying capacity.
A representative of the department of Labour could not present due to other pressing matters.
Enquiries:
Nhlanhla X Khumalo
Tel: 031 366 2018
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