It has been alleged that the constructors of the Tongaat Shopping Mall, which collapsed on 19 November last year, ignored a compliance order stopping them from proceeding with the construction.

During its third session, the Thongathi Mall Commission of Inquiry, appointed by the Department of Labour to investigate the collapse which killed two people and injured another 29, heard that the compliance order was ignored. Testifying before the commission, law enforcement officer for the eThekwini Municipality, Lungiswa Cemane, testified that she was informed by a fellow colleague that the contractors on the project did not have approved plans to construct the mall. Cemane said she went to the site to stop them from proceeding with the construction, and ended up chasing them away in May 2013.

According to Cemane, the principal contractor, Gralio Precast, proceeded and ignored two notices. She said the municipality has proof of a document in which the contractors paid a R5 000 for their failure to comply.

Questioned on the alleged practice by the eThekwini municipality of allowing both commercial and domestic properties to allow construction and approve plans later, she said she had never encountered such a practice in her work. “If other officials are doing that, I have never experienced it in my position,” she said.

Weak concrete

It has also been revealed that concrete far weaker than the prescribed strength was used in the construction of the collapsed section of the mall. In some places the strength of the concrete was found to be less than a third of the 30 megapascals it should have been.

There have also been allegations of evidence being destroyed after it emerged that the results of 13 concrete samples taken from the mall had not been presented to the commission.

The commission

The commission is expected to complete its work before the end of the year. Once completed its evidence gathering sessions, it is expected to prepare a report of its findings and formulate recommendations which will be presented to Labour Minister and the Directorate of Public Prosecutions for their consideration.

The Thongathi Mall Commission of Inquiry is chaired by Presiding Officer Phumudzo Maphaha, the labour department’s occupational health and safety manager. He is assisted by co-presiding officer Sandile Kubheka and Lennie Samuel.