Constructers of the doomed Thongathi (Tongaat) Shopping Mall that led to two death and injury of 29 workers on November 19 ignored a compliance order stopping them from proceeding with the construction, the Department of Labour-appointed Thongathi Mall Commission of Inquiry was told today.
Testifying before the Commission at the oThongathi Municipal Offices, Lungiswa Cemane, law enforcement officer for the eThekwini Municipality testified before the Commission that she was informed by a fellow colleague that contractors of the project did not have approved plans to construct the Mall. Cemane said she went to the site to stop them from proceeding with the construction, and ended up chasing them away in May 2013.
Cemane said despite serving the contractors with a compliance order they still proceeded and ignored the two notices. She also testified that the municipality also had proof of a document in which the contractors paid a R5 000 for their failure to comply.
“According to our systems no plans were approved,” Cemane told the Commission.
Cemane was testifying during the third session of the Thongathi Mall Commission of Inquiry that was appointed by the Department of Labour to investigate the causes of doomed mall.
The third session by the Department of Labour (DoL) appointed Thongathi Mall Commission of Inquiry to investigate the collapse of the Mall that led to the death of two people and injury to 29 others is to proceed until Friday.
Cemane said despite serving Gralio, the principal contractor with papers they proceeded building the Mall. According to Cemane she had also referred the matter to the municipality legal section, following non-compliance.
Questioned on the alleged practice by the eThekwini municipality of allowing both commercial and domestic properties to allow construction and approve plans later, she said she had never encountered such a practice in her work.
“If other officials are doing that, I have never experienced it in my position,” she said.
The Section 32 Thongathi Mall Commission of Inquiry was appointed by the Department of Labour to dissect negligence of parties involved in the project.
The Commission is expected to complete its work before the end of the year. Once completed its evidence gathering sessions, it is expected to prepare a report of its findings and formulate recommendations which will be presented to Labour Minister and the Directorate of Public Prosecutions for their consideration.
The Thongathi Mall Commission of Inquiry is chaired by Presiding Officer Phumudzo Maphaha. He is assisted by co-presiding officer Sandile Kubheka and Lennie Samuel.
The hearings start at 9h00.
For more information:
Nhlanhla X Khumalo
Provincial Spokesperson
Cell: 074 589 9682
Tel: 031 366 2018
