Inquiry into Joburg fire recuses commissioner over anti-foreign rhetoric

The commission of inquiry into the deaths of 77 people in a fire at the Usindiso building in the Johannesburg CBD has recused one of its commissioners, Thulani Makhubela, over alleged xenophobic comments on social media.

In a ruling on Wednesday, commission chair Sisi Khampepe wrote: “I am satisfied that a case has been made out for the recusal.” Khampepe is a retired Constitutional Court justice.

The complaint was brought by the Socio-Economic Rights Institute (Seri), an NGO involved in the inquiry.

Seri showed the commission various posts on X, formerly Twitter, over years that Makhubela either posted himself or reposted in support. These include posts like: “South Africans are unemployed because of illegal foreigners”; “we will only provide accommodation to South Africans”; and “Free Hillbrow from foreign criminals”.

Makhubela also showed support for Operation Dudula, an organisation whose main goal, Seri says, is to expel foreign nationals from SA. Survivors told the commission they were harassed by Operation Dudula.

“Since its establishment,” Khampepe wrote, “[Dudula] has been responsible for attacks and intimidation of foreign nationals ... in the form of raids and violence.”

The commission was set up to uncover the cause of the 77 deaths in August, after a fire broke out in the derelict building in Marshalltown. The survivors attending the inquiry include foreign nationals.   

The building was owned by the City of Johannesburg and served as a shelter for abused women and children. However, the building was taken over by illegal landlords who charged residents more than R1,000 a month for accommodation, with no basic services.

Seri and the survivors argued that Makhubela’s social media posts demonstrate a bias against foreign nationals, which would taint the inquiry. Khampepe agreed.

She noted some survivors claim Operation Dudula was responsible for the fire. “This potentially implicates Operation Dudula in the fire,” Khampepe said. Makhubela’s open support of the organisation means there’s a “real apprehension” he would not be “impartial” as the inquiry continues.

Makhubela’s attempt to oppose his recusal was without merit, Khampepe said. “I am of the view that commissioner Makhubela will not be able to adjudicate the work of the commission fairly and impartially,” she ruled, “as he has openly disseminated anti-foreign rhetoric in support of Operation Dudula.”

Nomzamo Zondo, executive director of Seri, said: “We welcome the ruling of the commission as we believe commissioner Makhubela’s recusal will ensure the commission operates fairly, impartially, and in accordance with its terms of reference and the rule of law.”

The inquiry continues into next year.

moosat@businesslive.co.za