Chaiperson of the NHBRC, Noxolo Kiviet and the Minister of Human Settlements, Thembi Simelane brief the media about the findings of the investigation into the collapsed Neo Victoria residential building in George, Western Cape.
Image: Supplied: Ministry of Human Settlements
Human Settlements Minister Thembi Simelane has announced that justice is being served, with five officials from the National Home Builders Regulatory Council (NHBRC) suspended.
The police will investigate these officials, along with developers from Neo Victoria Developments, regarding their involvement in the George building collapse that tragically caused 34 deaths last year.
A month before the one-year anniversary of the Victoria Street tragedy, Simelane addressed the media in Pretoria on Wednesday, where she publicly released the full report into the NHBRC’s investigation. The report has more than 280 pages with over 300 recommendations.
Simelane said the new Housing Consumer Protection Act, passed by President Cyril Ramaphosa in January, introduced significant changes to the legislative framework of South Africa's home building industry, as it established enforcement tools and prescribed appropriate penalties or sanctions to deter non-compliance by homebuilders.
She revealed damning evidence that George Municipality had approved the building plans despite it already being in construction.
The scene of the five-storey building that claimed 34 lives when it collapsed in George.
Image: Ayanda Ndamane / Independent Newspapers
“The investigation uncovered that the George Municipality approved the plans when the construction was already under way.
"This means the work on site started before approvals were finalised,” she detailed.
The building was set to be a five-storey complex and construction started in 2023.
The minister warned that builders found to be non-compliant or in breach under the new Act could face a fine of up to R1 million.
Section 78 also prescribed penalties for criminal offences, that may be a fine not exceeding R1.5m or imprisonment not exceeding 10 years.
Simelane told the media that only the police had the authority to criminally charge those mentioned in the report and confirmed that the officials together with Neo Victoria Development, were handed over for a criminal investigation, but no one has been arrested yet.
“We have a number of colleagues in the NHBRC, employees who were responsible for some of the steps which were not adhered to, who have already been placed on suspension including the CEO who was placed on suspension.
“Justice is taking place, yes, we may not be having a person arrested, we did not only refer for criminal investigation the company in question, we are also doing it internally with our officials," she said.
The outcomes of the investigation has also made recommendations that implicated officials be held accountable for their actions.
The charges that will be levelled against them include dereliction of duty, misconduct, negligence, dishonesty, and misrepresentation in official inspection reports.
The investigation revealed systemic failures, non-compliance with regulatory standards, and mismanagement by both the NHBRC and project personnel.
These failures included irregular status upliftment, late enrollment, inspection lapses, material quality issues, and safety violations including a lack of professional qualifications and the unlawful use of official credentials.
Simelane said while the report was complete they did not forget about the victims.
“As a caring government, we want to promise the families and friends of the departed workers, who got befallen by this tragic incident during that fateful day in the hands of negligence which could have been avoided, that their lives are in not in vain.
"The company in question inaccurately presented its capabilities during the registration phase. It failed to declare its intention to construct a multi-storey building.
"This omission breached NHBRC’s policies, which require transparency regarding a home builder's intended project scope in technical capacity. By bypassing this rigorous process, a company in question compromised its registration and certification of the project."
She said another portion looking at the enrollment process demonstrated significant non-compliance with the NHBRC's procedures, resulting in critical regulatory breaches and unauthorized approvals.
“The enrollment forms were processed on the 11th of July 2023 even though the construction start date was scheduled for the 19th of June 2023. The official did not verify that a homebuilder was registered to construct despite the building plans showing that this was indeed a multi-storey enrollment. Thus, a contractor was allowed to proceed with the construction of a multi-storey building without the proper enrollment.
“Even more disturbing was the unlawful use of other officials' credentials to enroll in the first phase of the project,” she added.
The recommendations included that NHBRC registration certificate must state clearly the types of buildings a homebuilder is registered to construct and establish a dedicated team to independently review high risk projects such as multi-storey buildings and that there are competency skills audits on inspectors.
“The collapse of a building led to the loss of life. It tarnished the NHBRC’s reputation that has been built over the years. Therefore, we shall not hesitate to act against those who bring and have brought shame to our institution, including our own,” she warned.
Earlier this week, the contractor, Theuns Kruger, the owner of Liatel Developments said they were working closely with authorities and claimed he was not liable and would be seeking legal advice while the Minister indicated he could be facing a police investigation.
Cape Argus