The Thongathi Mall Commission of Inquiry Presiding Officer, Phumudzo Maphaha has accused legal representatives of Gralio Precast, a company behind the construction of the doomed Mall of "not acting in good faith" and "being economical" in bringing forth the required information before the Commission.
Maphaha expressed concerns, saying he sees a developing pattern of inadequacies, when it comes to reports that have to be submitted before the Commission.
The Department of Labour-appointed Thongathi Mall Commission of Inquiry was appointed to uncover the causes of the Thongathi (Tongaat) Mall steuctural collapse that led to the death of two people and 29 injured on November 19.
Maphaha also expressed concerns in a manner in which samples of concrete meant to be tested in a laboratory handled. He said it has come to the attention of the Commission that some of the samples that were sent to the laboratory have been destroyed.
Maphaha accused Gralio Precast's legal team representing the major contractor of the Thongathi Mall of violating an agreement by authorizing a separate set of tests of concrete samples without informing the Commission. He said all test done, representatives of the Commission in particular had to be present.
"I will not allow the tail to wag the dog. The dog should wag the tail. I hope that you will bring the person/party that conducted the futher tests before the Commission for explanation," he said, he was having difficulty dealing with Gralio, but would not be upset and "instead I will remain professional".
Maphaha said he also received a phone call from representatives of Gralio Precast that they were conducting concrete tests and has asked him to immediately come and monitor the process. He said he could not attend as this was done on a short notice and without a prior warning. He said he cautioned the Gralio reperesentatives against doing so as this was tantamount to tampering to evidence.
"These latest developments are making me worried. We have given the contractor 29 tubes for testing and we now have extra samples that were tested. I need answers. I am already having sleepless nights. The Commission needs answers," Maphaha told Gralio Precast legal representatives to prepare thoroughly as they would have to answer on the latest anomalies.
It has also come before the Commission that there were people who had visited the site of the Mall. Maphaha cautioned all parties, that no one goes to the site of the tragedy without authorization of the Department of Labour.
"We will have a problem when someone goes to the site of the Mall," he said according to photos in the Commission's possession a section of the Mall in which there we two supporting columns, where the Commission gathered evidence from, has since been flattened.
Advocate Saleem Khan working on the instruction of Attorney Rajan Naidoo told the Commission that they would consult with their client (Gralio) for instructions, and revert back to the Commission with answers.
The Commission rounded off its evidence gathering session today.
In terms of timelines going forward the Commission is expected to have received all reports by June 13. On June 17 Thongathi Mall project engineers are expected to meet with the Commission. Between July 9 - 11 the Thongathi Mall Commission of Inquiry is expected to have another sitting in which the engineers' testimony will take centre stage.
Thereafter, the Commission will take a break and resume from July 21-25. Expected to testify will be Ronnie Pillay, a foreman at the site of the Mall during its collapse. Jay Singh the owner of the developing company, Gralio will also be expected to submit his evidence before the Commission.
On the same week the Commission will also call other witnesses of interest. It is expected that that by August 2014 parties will be offered an opportunity to make a presentation of heads of arguments.
Thereafter, the Commission will have at least 60 days to prepare a report of its findings. The hearings are being held at the Municipal offices of the North Coast town of oThongathi.
Enquiries:
Nhlanhla X Khumalo
Provincial Spokesperson
Cell: 074 589 9682
Tel: 031 366-2018
Emil: Nhlanhla.khumalo@labour.gov.za
