Advocate Thulani Makhubela, a commissioner accused of xenophobic comments, has been recused from the commission of inquiry into the fire at the hijacked Usindiso building in the Johannesburg city centre.
The move comes after an application brought to the commission by lawyers of the fire victims and the Socio-Economic Rights Institute (Seri) concerning a perception that he cannot be fair and just in a matter that involves foreign nationals when he has publicly aired his discomfort with them.
The inquiry headed by retired judge Sisi Khampepe heard arguments that there is apprehension on the part of the victims and most are foreign nationals. It was presented that over the past six years, Makhubela has supported narratives by the movement Operation Dudula which has meted out violence to foreign nationals.
“I am satisfied a case has been made for the recusal of Makhubela. I rule he is recused as a commissioner. Makhubela’s sustained support for and association with Operation Dudula will not bring an impartial mind to the adjudication of the commission,” said Khampepe.
On August 31, 77 people died when the building, previously used as a shelter for women and children, caught fire. On that day, members of Operation Dudula gathered outside the scene and expressed their satisfaction with the tragedy.
The inquiry was adjourned. A date for its resumption is not yet known.
TimesLIVE
Usindiso fire inquiry recuses commissioner accused of xenophobia
Image: Antonio Muchave
Advocate Thulani Makhubela, a commissioner accused of xenophobic comments, has been recused from the commission of inquiry into the fire at the hijacked Usindiso building in the Johannesburg city centre.
The move comes after an application brought to the commission by lawyers of the fire victims and the Socio-Economic Rights Institute (Seri) concerning a perception that he cannot be fair and just in a matter that involves foreign nationals when he has publicly aired his discomfort with them.
The inquiry headed by retired judge Sisi Khampepe heard arguments that there is apprehension on the part of the victims and most are foreign nationals. It was presented that over the past six years, Makhubela has supported narratives by the movement Operation Dudula which has meted out violence to foreign nationals.
“I am satisfied a case has been made for the recusal of Makhubela. I rule he is recused as a commissioner. Makhubela’s sustained support for and association with Operation Dudula will not bring an impartial mind to the adjudication of the commission,” said Khampepe.
On August 31, 77 people died when the building, previously used as a shelter for women and children, caught fire. On that day, members of Operation Dudula gathered outside the scene and expressed their satisfaction with the tragedy.
The inquiry was adjourned. A date for its resumption is not yet known.
TimesLIVE
MORE:
WATCH | Inquiry into deadly Joburg CBD building fire continues
Thief strips metal sheeting from Usindiso building
‘You support Operation Dudula, you can’t sit on this inquiry’: recusal argued in Usindiso commission
Blaze survivors ‘must stay in South Africa for sake of inquiry’
Inquiry hears why gaining access into Usindiso was difficult on day of fire
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