By Lehlohonolo Lehana.
Retired Justice Sisi Khampepe has removed Advocate Thulani Makhubela from the Usindiso building fire commission of inquiry proceedings.
This comes after the Socio-Economic Rights Institute (SERI) submitted the application where it accused Makhubela of being xenophobic, following his series of tweets on platform X, expressing his support for Operation Dudula movement.
SERI said Makhubela would not provide efficient input as he has shown support for a violent stance on foreigners.
Makhubela was appointed as one of the two additional members to assist the chairperson in conducting the inquiry and in preparing the report of the Commission. This also included probing circumstances that led to the fire.
Delivering the ruling on Wednesday in Joburg, the chairperson of the inquiry, Justice Khampepe removed Makhubela as commissioner and said that he would not bring a significant impact on the inquiry, given his stance and support for the Dudula movement which has so far unleashed violence on foreign nationals.
“The overwhelming evidence of the apprehension of bias by many foreign nationals regarding commissioner Makhubela, which he deemed unnecessary to rebut, remain compelling,” the retire judge said.
“Having regard to the foregoing, I am satisfied that a case has been made out for the recusal of Commissioner Makhubela. In the premises, I rule that Commissioner Makhubela is recused as a Commissioner of the Commission,” she added.
Speaking to the media, Candice Pillay, an attorney from Norton Rose Fulbright, a law firm representing the survivors, said she was relieved now that the ruling has been handed down in favour of the residents.
“I think on behalf of the residents, they had several concerns knowing that Commissioner Makhubela will not be considering the evidence that is going to be presented in the commission,” she said.
Responding to the allegations, Makhubela said his problem was the lawyers representing Seri and The Inner City Federation, met with Khampepe and that there was a request she must come alone.
He also has a problem with the fact that the NGOs requested that Khampepe decide his recusal alone.
“Apart from the parties that were part of that meeting, nobody knows what else was discussed.
“There is [an] apprehension on my part that the discussion could have gone anywhere and unfortunately that is the position I have. You first had a meeting alone, and then you say she should decide this alone,” Makhubela said.
At least 77 people, including 12 children, died when a fire broke out in Joburg’s Usindiso building in August.
A week later, Gauteng Premier Panyaza Lesufi established the commission of inquiry into the cause of the Johannesburg CBD building fire.