The Democratic Alliance (DA) in Johannesburg has laid criminal charges of culpable homicide against Johannesburg Property Company (JPC) CEO Helen Botes for the fire at Usindiso Building in August 2023, which claimed 77 lives.

DA Johannesburg Caucus Chief Whip Nicole Rahn said the charges claim gross negligence and dereliction of duty, which the party believes led to the preventable deaths in the city-owned building at 80 Albert street.

The DA also wants the South African Police Service to fully investigate the matter and has requested that the case be escalated to the Hawks and the National Prosecuting Authority.

“This was not an unforeseeable disaster. The building was illegally occupied and structurally unsafe, for years. Despite repeated warnings, no action was taken – 77 lives were lost as a result,” said Rahn.

She noted that the Khampepe Commission’s findings, in March, found that the City of Johannesburg and the JPC failed to uphold their constitutional duty to protect life, dignity, and safety.

She pointed to the report, which found that “enforcement was neglected, leadership was absent”, and city-owned buildings were allowed to deteriorate into deadly hazards.

“The findings further recommended disciplinary action against the relevant officials at the City, the JPC and other entities who contravened their duties; the City has not enforced these findings,” explained Rahn.

She highlighted that Botes, as the accounting officer of JPC, had the authority and responsibility to act and she did not.

“…she sat on this information for four years. That level of negligence cannot be brushed aside. It must be tested in a court of law. Accountability cannot continue to be optional in South Africa,” Rahn said.

She also pointed to the R27-million allegedly spent on emergency accommodation for survivors of the fire, which she said was also questionable based on what she termed “poor quality of accommodation” provided to the survivors.

“We believe in a government that is transparent, accountable, and compassionate. We cannot allow this tragedy to be swept under the rug,” said Rahn.