Johannesburg – The deadly fire that claimed the lives of three firefighters and destroyed the 31-storey Bank of Lisbon building in the CBD could have been prevented.
The assertion was made by Jack Bloom the Gauteng Democratic Alliance (DA) Shadow Health MEC on Wednesday – five years after the devastating fire, which was said to have started on the 23rd floor.
Bloom said the fire could have been prevented if provincial government departments had simply adhered to safety legislation to ensure effective fire prevention.
Bloom said the lapse was disclosed in the Gauteng legislature by Gauteng Premier Panyaza Lesufi in a written reply to his question on the findings of the probe into the cause of the fire.
At the time of the fire, there were two tenants in the building – the Gauteng Department of Health, and the Gauteng Department of Human Settlements, Cooperative Governance, and Traditional Affairs.
A report on the cause of the fire criticised both departments for contravening the Occupational Health and Safety Act, in that they did not conduct the risk assessment that “would have rated the fire risk as life-threatening and recommended remedies for the Bank of Lisbon building for the safety of their employees.”
The report found that the fire started in the office of Advocate Mpelegeng Lebeloane, Chief Director of Legal Services for Gauteng Health, possibly from a heater placed near combustible materials.
The fire department said the fire could have been contained if an automatic fire suppression system was installed.
Another problem was water hoses that did not work.
Bloom said despite investigation reports that were completed long ago, the provincial government has made no effort to discipline negligent staff.
There were findings from an investigation by the Department of Employment and Labour, a forensic report by TFS Africa Forensics, a report by the City of Johannesburg Emergency Services, and a legal opinion by Harris Nupen Molebatsi Attorneys (HNM).
HNM Attorneys identify various Acts of misconduct that could lead to disciplinary proceedings against certain individuals.
The attorneys say there may be prima facie evidence of negligence against Ms. Lebeloane for failing to exercise the necessary degree of care when she allegedly left a bar heater, which was switched on, in her office close to flammable material.
There are, however, conflicting accounts about another source of the fire.
Bloom said: “The DA calls for disciplinary action in this matter, including those who failed to adhere to occupational safety legislation that could have prevented this devastating fire”.
He said the glaring gap is the absence of a report by the SA Police Services who have still not completed their investigation after all this time.
“We will also pressure the police to conclude their investigation and lay criminal charges where indicated,”‘ Bloom said.
“It is disgraceful this has taken so long as there needs to be accountability and justice for the families who grieve for the three firefighters who died.”
