‘These guys ran away’ — Midrand fire survivors consult lawyer saying property owners are awol

Broadwalk Urban Village, a residential complex in Midrand, Johannesburg, was gutted by fire on Heritage Day, 25 September. The blaze caused the death of Onalenna Tsae (32), whose body was recovered in the apartment where the fire allegedly started.

While the cause of the fire is still unknown, questions have arisen about who is liable for the loss and damages, and whether the complex was fully compliant with fire safety regulations.

Tebogo Seloane, who sounded the alarm on the night of the fire, told Daily Maverick that all attempts to contact the owners of the property, Dipula Income Fund, had come to nought. The residents, many of whom lost everything in the blaze, feel they have no other option but to turn to the courts for compensation.

“They only gave [us] accommodation on the night of the fire. Other days, there was nothing. We had to fend for ourselves. When we try to speak to them, they don’t answer their phones. Mafadi [Property Management] don’t answer their calls. Dipula don’t answer their calls. These guys ran away,” said Seloane.

Dipula Income Fund is a JSE-listed real estate investment trust with a portfolio of retail, office and industrial property assets amounting to R9.8-billion. While Dipula owns Broadwalk Urban Village, it is managed by Mafadi Property Management.

In response to residents’ claims that Dipula Income Fund had not helped in securing alternative accommodation, Dipula CEO Izak Petersen said that in addition to voluntary efforts to accommodate residents, the company has been working with apartment owners and managers across Johannesburg to assist tenants in finding and securing accommodation.

“We are thankful that many apartment owners and managers have agreed to accept these tenants immediately and without the original documentation normally necessary for a lease, based only on our tenant records. We have also expedited the refund of tenant’s deposits to them, and these amounts have already been paid to almost all tenants, together with any rental that may have been paid in advance. We will continue doing everything within our ambit to support the residents during this difficult time,” Petersen said.

While some residents confirmed that they had received a refund of their deposit, Seloane insists both Dipula and the property managers have not offered any assistance regarding alternative accommodation beyond the night of the fire. Seloane said residents had to rely on churches and various foundations who have been assisting with funding and accommodation for the fire victims. But not all have been so lucky.

A Broadwalk resident, who asked not to be identified said she, her sister and their two young children have had to squat at different people’s houses since the day after the fire.

“We tried to get another lease elsewhere, but they want bank statements and IDs. We were staying on the top floor, so everything burnt in the fire. Everything is a mess. We don’t have IDs, the babies’ birth certificates are gone. Every day, we have to ask people if we can stay with them, but you know, you don’t want to become a burden. I don’t know where we are going to stay today,” said the woman.

Seloane said, “Two girls from the Free State had to resign because they could not afford alternative accommodation, and their employers would not give them time off to go home and regroup. Their only option was to quit and go home. Many people have lost a lot of things. Compensation is something that should be discussed.”

She said residents had consulted a lawyer, who is taking the case on a pro bono basis.

Read more: ‘I couldn’t save anything’ – residents describe Midrand fire that left one dead and hundreds homeless

Who is liable?

Fire cover, especially when related to sectional title property, can be complicated. An article by Sumarie Greybe, the co-founder of Naked Insurance, explained what people who live in sectional title properties need to know about fire cover.

Greybe said that in instances where a property is being rented out, the owner is responsible for purchasing building insurance on the tenants’ behalf. This type of insurance only covers permanent fixtures at the property, including the flooring, carpets, plumbing, lighting fittings, geysers and anything that can’t be picked up and moved out.

Many of the residents said they felt abandoned by the property managers regarding securing alternative accommodation. Greybe wrote that a good building policy should include temporary alternative accommodation if a residence is uninhabitable after a fire.

“If your apartment is unsafe and unsuitable to live in after a fire, you should be able to claim a benefit that will enable you to pay for another place to live while your home is being fixed... The policy should offer cover for everyone in the building or complex who can’t access or live in their apartment after a fire,” wrote Greybe.

“If you don’t get any satisfaction, you can lodge a complaint with the insurance ombud. If your body corporate’s policy doesn’t fully cover the damage to your apartment or provide a satisfactory temporary alternative benefit, you can insist that the body corporate compensates you.”

Personal belongings, like furniture, clothes and most appliances are covered by the contents insurance of each tenant (if they have it), which building insurance does not cover.

Petersen said the Broadwalk Urban Villages building structure was insured in line with responsible business practices.

Read more: One dead, 800 homes destroyed as fire rips through Pretoria township

Investigations

Johannesburg Emergency Services spokesperson Xolile Khumalo said an investigation into the cause of the fire was ongoing.

However, the City of Johannesburg is conducting its own investigation into whether the building was compliant with fire safety regulations and whether Dipula Income Fund followed the city’s processes in the conversion of the property into residential units.

The property housed the National Youth Development Agency before it was converted into a residential property in 2019.

The MMC for housing in Joburg, Mlungisi Mabaso, said a site inspection of the building after the fire revealed that the partitioning between units was not compliant with the National Building Regulations and Building Standards Act due to the lack of firewalls.

The relevant regulation (Part T, Fire Protection, of SANS 10400) requires that buildings have firewalls, fire-resistant barriers to prevent the spread of fire.

“How the partitioning was done is actually questionable. We want to understand how they obtained approval and whether they even made an application to the city for the conversion of that building from an office block to a residential building,” said Mabaso.

“If firewalls were constructed and if the partitioning of the property was properly done, we would not be talking as we are now.”

Andy Mizen, a senior fire and risk consultant at Aon SA, said that in his experience, body corporates did not enforce the rules required by the Sectional Titles Management Act of 2011.

While investigations are under way, Dipula CEO Peterson told Daily Maverick: “We can confirm that the property fully complied with building and fire safety regulations. The cause of the fire remains under investigation by the appropriate authorities, and we have given them our full support, including compliance documentation. Until the outcome of this investigation is available, it would be extremely irresponsible to speculate in this regard.” DM