The Socio Economic Rights Institute South Africa (Seri) has welcomed the recusal of advocate Thulani Makhubela as the commissioner of the Khampepe Commission of Inquiry into the Usindiso Building fire.
On Wednesday, the chairperson of the commission, retired Justice Sisi Khampepe, recused Makhubela from the commission due to complaints about some of his tweets which have been deemed xenophobic.
Makhubela’s recusal follows an application by concerned residents and civil society organisations.
They said Makhubela was not fit to be investigating the matter because of his alleged bias against foreigners, and his association and support for Operation Dudula.
Seri executive director Nomzamo Zondo welcomed the decision after Seri and the Inner City Federation lodged an application on October 28, requesting the recusal of Commissioner Makhubela.
“The basis for this application was a reasonable apprehension of bias against him due to his sustained public support for, and association with, Operation Dudula, a group founded on xenophobic rhetoric,” Zondo said.
Seri said the application was supported by the residents of Usindiso, with the commission’s evidence leaders confirming that it was justified, considering the undisputed allegations made.
In her judgement, Justice Khampepe found that Makhubela had, over a period, shown himself to be anti-foreign nationals, which called into question his involvement as one of the commissioners of the inquiry.
“Commissioner Makhubela has for the past six years on social media expressed a firm view conveying enmity and antipathy towards foreign nationals in general and their undesirability in the city (of Johannesburg) and the country” in that “foreign nationals are responsible for societal ills besetting the country including rampant crime and unemployment”, reads parts of Justice Khampepe’s ruling.
Zondo said that as a result, the chairperson was satisfied that Makhubela’s sustained public support for, and association with, Operation Dudula, compromised his ability to impartially adjudicate in the commission’s work.
“Consequently, the chairperson concluded that there exists a genuine apprehension that Commissioner Makhubela would not approach issues involving foreign nationals and Operation Dudula with an impartial mind, considering his publicly expressed views,” Zondo said.
Following the death of 77 people inside Usindiso building on August 29, this year, Gauteng Premier Panyaza Lesufi established the commission in a bid to investigate the cause of the fire and the extent of hijacked buildings.
“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,” Zondo said.
Advocate Mukhubela, through his lawyers l, Nyapotse Incorporated, would not be drawn to comment on the matter of his recusal with Papi Nyapotse saying: “Kindly note that we cannot comment at this stage on the matter.”
The Star
siyabonga.sithole@inl.co.za