George building collapse report to be released by minister

THE much anticipated investigation report and findings by the National Home Builders Regulatory Council’s (NHBRC) on the George building collapse that claimed 34 lives is expected to be released by Human Settlements minister Thembi Simelane on Wednesday. 

Simelane last week told the portfolio committee that the NHBRC had failed to follow its internal processes during the registration phase of the ill-fated project, leading to catastrophic consequences.

According to the minister, the building was listed on paper as a single storey while it was a multi-storey complex. Simelane said the investigation found nothing wrong with the quality of the material used in the construction work, however the “processes, systems, and structural designs are what would have led to the collapse of the building.”

She said names of officials and the contractor, Liatel, had been sent to the police to conclude their investigation. 

The George Municipality on Tuesday said the NHBRC was the oversight authority for the duration of the construction project and the municipality is not involved in any on-site construction inspections. The municipality also maintained a five storey building was approved.

“The initial pre-application for the rezoning of Erf 15098 was submitted on 3 September 2020 followed by a revised pre-application submission, received on 23 November 2020, proposing a five-storey block of flats with a rooftop deck.  The rezoning application was submitted on 20 April 2021 and approval was granted on 1 October 2021. A site development plan was submitted on 21 April 2022 and approved on 25 May 2022, whereby it was confirmed that all the planning requirements applicable to the proposed development was addressed in the proposed layout.

“The building plan, consisting of a basement, ground floor parking, and four residential floors (a total of five storeys), was submitted on 12 July 2022 and approved on 6 July 2023 after being deferred for corrections and additional information. This building plan corresponded with the approved site development plan," the municipality said.

“In accordance with Section A22, the engineer informed the municipality on 29 June 2023 that they intend to commence with construction on 3 July 2023. The municipality advised that the plans were not yet approved. Further enquiry was made on 6 July 2023 upon which it was confirmed that the plans were approved. The municipality does not have evidence alluding that the construction commenced prior to approval of the building plan. Note that the National Building Regulations does not demand of the municipality to verify that the owner has registered their project with the NHBRC prior to commencement. Compliance with the Housing Consumers Protection Measures Act is the responsibility of the developer and is enforced by the NHBRC.”

The municipality said concerning allegations that construction commenced without the required NHBRC enrolment certificate, and that the building was registered with the NHBRC as a single-storey structure, was not within their mandate. 

“This process - registration, enrolment, and inspection - is carried out exclusively by the NHBRC in collaboration with the developer and their appointed professional team. Municipal building inspectors are not involved in this process. The only building plan application submitted with the municipality was for a 5-storey development. The fact remains that an engineer must design and oversee the execution of the design and the NHBRC is the oversight for the duration of the construction project.” 

The NHBRC did not respond to requests for comment by deadline. 

Police also did not respond to requests for comment on the status of the criminal investigation. 

Liatel Developments meanwhile said they were not the developer, but the appointed contractor and the development should have been enrolled by the developer, NeoVictoria. 

“The enrollment was apparently done by NeoVictoria under the name of Liatel without our consent or knowledge. Liatel only became aware of this after the disaster when the NHBRC contacted us to obtain our banking details to refund the enrolment fees. On receipt of the enrolment documentation, we became aware of the misrepresentation. Also take note the fees aforementioned was paid by the developer and not by Liatel.

“Liatel has the submitted documents and we are taking legal advice as to our options and actions against certain individuals and entities. We have brought this to the attention of the SAPS and we gave our full cooperation to the NHBRC whilst they were investigating,” said owner of Liatel Developments, Theuns Kruger. 

Attorney for the former directors of Neo Victoria Development, Ryan du Preez did not respond to requests for comment by deadline. 

Following the incident last year, former directors Dylan Brockway, Alwyn Gey van Pittius and Johannes Swanepoel had resigned with Carel Swanepoel remaining.

Cape Times