Johannesburg – Advocate Thulani Makhubela – accused of xenophobia – has been removed from the commission of inquiry set up to look into the Marshalltown fire that killed 77 residents, some of them foreigners.
The fire that engulfed the building earlier this year in August also left 88 people injured, prompting an inquiry – led by retired Judge Sisi Khampepe – into the tragedy.
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Advocate Makhubela was appointed by Gauteng Premier Panyaza Lesufi to assist retired Justice Khampepe’s inquiry into the Usindiso building fire in Marshalltown.
Following objections to Advocate Makhubela being part of the commission of inquiry, Judge Khampepe looked into the matter.
Advocate Makhubela was then removed from the Joburg Usindiso building fire inquiry, largely, because of his social media posts backing anti-foreigner groups including Operation Dudula and #PutSouthAfricansFirst.
Late Wednesday, the Marshalltown Fire Justice Campaign said it welcomed the decision of Judge Khampepe to recuse Advocate Makhubela from the commission of inquiry.
“This is the vindication of our campaign, brilliant work of the legal representatives, and above all, the victims, their families, and communities of Innercity Residents, who all campaigned for his recusal,” said the Marshalltown Fire Justice Campaign.
“Judge Sisi Khampepe said she gave Thulani Makhubela notice to file any opposition, Commissioner Makhubela.
“He did not do so, and as a result, the facts are unchallenged.”
In her ruling, the Judge made it clear that Advocate Makhubela did not meet the standard of a fair and impartial judicial officer.
“Commissioner Makhubela, over six years, shows he is an active supporter of Operation Dudula and Put South Africa First, which are xenophobic,” said the Marshalltown Fire Justice Campaign.
In her ruling, Judge Khampepe quoted some of Advocate Makhubela’s tweets, which included threats against foreigners, the government, and human rights lawyers.
“He blames foreigners for unemployment, crime, and drugs. He said attacks on foreigners would not stop,” said the
Marshalltown Fire Justice Campaign, adding that Advocate Makhubela also blamed foreign nationals for the gunning down of his friend in Diepsloot.
“He quoted support for Nhlanhla Lux. He tweeted about launching branches now, Dudula,” said the Marshalltown Fire Justice Campaign.
“Almost all his posts since 2017 relate to foreign nationals in Johannesburg.
“His pinned post said attacks on illegal foreigners won’t stop.” Judge Khampepe said that the victims of the fire had filed concerns about Advocate Makhubela not being impartial.
Dudula members had previously assaulted residents of the ill-fated Usindiso building and had celebrated when it caught alight.
A foreign national who survived the deadly inferno said a Dudula member was heard saying: “We have burned the building, so you must now leave”.
Judge Khampepe said that the allegations that Dudula celebrated the fire were reported by the media.
Since Dudula’s creation, the group has been involved in illegal activities, including hate speech, attacks, and evictions. The judge noted that these “facts are accepted as correct”.
There has been evidence presented that some survivors believe the fire was started by Operation Dudula.
Although Advocate Makhubela did not provide any evidence,
Judge Khampepe said the case was made for his recusal and that he be recused.
Reacting to the ruling, the Marshalltown Fire Justice Campaign said: “We sincerely believe that it clears some of the concerns we raised about the commission and its ability to provide an impartial and fair hearing to the victims and the issues around the crisis of housing in the Innercity and urban centres across the country that we intend to raise”.
