An investigation into the George building collapse last year in which 34 people died has found “gross negligence” on the part of the construction company and recommended possible culpable homicide charges.
The forensic probe initiated by the National Home Builders Registration Council (NHBRC) after the May 6 tragedy, in which a multistorey apartment block collapsed during construction, found “widespread procedural failures” and noncompliance with building regulations.
It cited late-enrolment (registration) with the council, inspection failures, material deficiencies and occupational health and safety violations, and questioned “the competency of those involved in the project”.
More than 60 people were on site at the time of the collapse, many of them buried under rubble. More than 6,000t of concrete and masonry were removed in the ensuing rescue operation, in which rescuers worked round the clock for 11 days.
The development by Neo Victoria Developments, with Liatel as the contracted builder, was intended to be a residential complex with 42 units.
“The company’s [Liatel] gross negligence, demonstrated by its failure to comply with regulatory standards, misrepresentations during the enrolment process and negligence in addressing structural defects, played a significant role in the unsafe conditions that led to the disaster,” the report found.
“Liatel’s continued use of a substandard geotechnical report, combined with their failure to submit proper technical studies for NHBRC review, reflects a severe disregard for safety. Their inaction, despite knowledge of critical structural issues such as cracks in the building, further exemplifies gross negligence.”
The report said Liatel, in its application to enrol or register the project with the NHBRC, indicated it would be no higher than two storeys.
However, the building was at five storey height when it collapsed.
Liatel was not qualified to build a multistorey building
— Report commissioned by NHBRC
“This clearly shows that Liatel was not qualified to build a multistorey building,” the report said.
“By not selecting the ‘more than two storeys’ option, Liatel may have misrepresented its capabilities, leading to a situation where they were not adequately graded or assessed for the complexity of a multistorey projects.
“This misrepresentation likely contributed to the structural failures which led to the collapse.”
The investigation revealed that the enrolment form submitted by Liatel lacked the required signatures.
It also found that inspections conducted at the building did not adhere to guidelines and protocols, leading to serious concerns about the effectiveness of the oversight mechanism.
Building inspectors failed to issue noncompliance notices and flag late enrolments and allowed the project to proceed without the necessary regulatory oversight, indicating a serious breakdown in the enforcement of NHBRC standards, the report said.
The first inspection was conducted on July 27, nearly three weeks after construction had begun, though the rules require that construction should not begin until an inspection has confirmed that all regulatory requirements have been met.
The investigation also raised questions about the processes followed by the George municipality in issuing approvals for the project.
“The overlap between the initiation of construction and the finalisation of required approvals raises concerns about the timing and co-ordination between the various regulatory bodies involved in the project.”
The report recommended that the NHBRC should formally report three of its officials to the police.
“Given the clear link between Liatel’s actions — or lack thereof — and the collapse, law enforcement should conduct a criminal investigation to determine whether the company’s negligence amounts to culpable homicide.
“This investigation must hold the company, Neo Victoria Developments, and their responsible officials accountable for the loss of life, ensuring that justice is served for the victims of this preventable tragedy,” read the report.
Human settlements minister Thembi Simelane said the report highlighted the need for stringent measures to ensure processes were followed.
We will refer the report to our law enforcement agencies for investigation and possible criminal charges
— Thembi Simelane, human settlements minister
“The municipality, at one end, did not run its processes to the letter ... But I think we were found lacking as well in terms of our own supervision processes at the NHBRC,” she said.
The recommendations about criminal investigations, including those involving the NHBRC, would be followed up, she said.
“But also I think one needs to take responsibility as government on behalf of the 34 families that lost their loved ones, where it could have been prevented. I think that is the first thing that, as a caring government, one should come out and say.
“We will refer the report to our law enforcement agencies for investigation and possible criminal charges.”
Simelane said the NHBRC would table the report with its board and officially submit it to the department and to the Western Cape provincial government.
Liatel director Theuns Kruger told the Sunday Times he had not seen the report, but in regard to registration with the building council, this should have been done by Neo Victoria.
“Liatel even submitted an extension-of-time claim against the developer for NHBRC enrolment delays. This claim was approved and paid by the developer to Liatel. It is not the contractor’s responsibility, nor liability, to enrol developments at the NHBRC,” he said.
“The enrolment was apparently done by Neo Victoria under the name of Liatel without our consent or knowledge.”
He said his company was taking legal advice.
“The geotechnical report also lies within their [Neo Victoria’s] responsibility. Liatel had no hand in the report. Further to this, we brought this to the attention of the SAPS and we gave our full co-operation to the NHBRC.”
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