Khampepe commission faces setbacks as Johannesburg City delays vital evidence submission deadline again

Part B of the commission tasked to investigate the prevalence of abandoned and hijacked buildings resumed in July 2024 with site inspections and hearings heard as of October 2024.

The commission’s work was set to conclude on 31 January 2025, but commission secretary Thembekile Graham told Daily Maverick: “The commission has applied for an extension of the proclamation which was granted by the acting premier (at the time) and gazetted on 19 December 2024. This information was only shared with the commission on 27 January 2025. We are to finish our work on or before 31 May 2025 and submit the report to the premier on or before 30 June 2025.”

Graham said the request for an extension was due to the delay in receiving all the documents required from the City of Johannesburg.

“The commission could not conclude its work. This is what remained outstanding. The possibility of recalling a number of witnesses who had testified on behalf of SERI also exists as the evidence leaders and other parties were not in a position to ask further questions without the required evidence from the City.”

During a recent hearing, Johannesburg mayor Dada Morero was summoned to explain why the City had missed its December 2024 deadline to submit requested documents. Instead of presenting a concrete plan, Morero requested an additional four weeks to compile and submit the information.

Read more: Usindiso tragedy: City of Joburg ignores accountability as mayor eyes site for offices

The Khampepe Commission, which was established in September 2023, has been ongoing for almost 16 months, marred by setbacks including noncompliance with fire services bylaws and the recusal application for one of the presiding commissioners, advocate Thulani Makhubela. 

The first part of the commission also did not meet its deadline of November 2023. It was extended until the end of March 2024 and the report was released in May 2024. However, the City is yet to respond to these findings and recommendations.

Commission frustration over City’s delays

During the hearings the presiding chairperson, retired Justice Sisi Khampepe, told Morero: “The City of Johannesburg is the linchpin into the work of the commission. We have had several difficulties with the City in terms of them not complying with the timelines they have set. It has taken us this step, which is unfortunate, that you should come and explain to us why the City has not been able to furnish us with the information that we have sought. The commission has a limited lifespan and has to come to an end.”

The commission ordered the City to supply the required reports and information by 12 February 2025. The initial deadline was 10 December 2024. 

In the run-up to the deadline Morero told Daily Maverick: “We are working on all matters as raised by the commission and we have agreed on the timelines to respond to the issues. The commission gave us more time to file all affidavits and we are on track for submission.”

The commission confirmed having received the documents and statements from the City and stressed that the commission must finish its work within the prescribed time.

Usindiso inferno case stalls in court

While the commission drags on, so does the case of the confessed arsonist and the Usindiso fire which claimed 76 lives and left dozens of people injured and homeless. The accused, Sithembiso Lawrence Mdlalose, has remained in police custody for more than a year. 

His case, previously before a Johannesburg magistrate, has been characterised by postponements since July 2024. In December 2024, the matter was transferred to the Johannesburg High Court where Mdlalose will make his first appearance on Friday, 14 February.

Read more: Young survivors of the Usindiso inferno unplaced in schools — 17 months later

With the many delays in the inquiry, justice for the Usindiso fire victims remains out of reach, while the City’s failure to respond to and act on part one of the commission’s findings complicates the problem further. DM