Call for Recusal of Commissioner with Alleged Xenophobic Ties in Johannesburg Fire Inquiry

As the investigation into the tragic Johannesburg inner-city fire on August 31, 2023, continues, serious concerns have been raised about the impartiality of one of the commissioners. Advocate Thulani Makhubela, whose social media activities have drawn significant attention, faces allegations of xenophobia. These allegations stem from his association with controversial groups known for their aggressive anti-foreigner stance - Operation Dudula and Put South Africans First. The fire in question razed the Usindiso building in Marshalltown, Johannesburg, resulting in the lamentable loss of 77 lives.

The apprehension about Makhubela's ability to remain objective stems from his activity on "X", a social media platform formerly known as Twitter. Over the past five years, he has shown consistent support for the said groups, sharing and liking posts that express views on foreign nationals - views that are central to the inquiry's focus on the rights of inner-city residents, including those from other nations.

The call for Makhubela's recusal has been endorsed by various parties directly involved in the inquiry. These include the Socio-Economic Rights Institute (Seri), survivors of the fire, and the Inner City Federation (ICF). They firmly believe that the association of the commissioner with such groups and ideologies may taint the inquiry's findings and undermine its credibility.

Jason Brickhill, leading the legal battle on behalf of Seri and ICF, argues that such a bias directly violates the commission's mandate, which revolves largely around the rights of residents irrespective of their nationalities. Adding to the concerns, legal representative Suvania Subroyen highlights the victims' and residents' mistrust, fearing that Makhubela's ties could even suggest an implicating connection with the fire incident, as Operation Dudula members were reportedly seen at the scene post-fire.

Amidst these allegations, Makhubela has not presented any defense against the calls for his recusal but has instead focused on procedural concerns. Interestingly, the evidence leader, advocate Ishmael Semenya, insinuated the allegations are irrefutable, considering the social media evidence attributed directly to Makhubela. This unchallenged evidence, therefore, strongly supports the recusal application, leaving retired Justice Sisi Khampepe to make a prudent decision regarding Makhubela’s future role in the inquiry.

As the inquiry awaits Justice Khampepe's judgment on the recusal application, the integrity of the investigation hangs in the balance. The commission's ability to carry out an impartial investigation into the disaster is paramount, not only for the sake of the deceased and survivors but also for the broader Johannesburg community and the confidence in South African public inquiries.