Latest news with #ECSA
Daily Maverick
14 hours ago
- Daily Maverick
George building collapse: Tribunal finds engineer who signed off plans guilty on five charges
The week a report on the biggest construction disaster in South Africa was released, the Engineering Council of South Africa revealed it had sanctioned the Paarl engineer who signed off on the plans. The Engineering Council of South Africa (ECSA) announced on Tuesday, 22 July 2025, that 'an ECSA-registered person', implicated in the tragic structural collapse of a building in George on 6 May 2024, had been found guilty of five contraventions of the law. One of these includes a 'misrepresentation of academic qualifications and competency'. The engineer will be charged with five counts related to failing to comply with relevant legislation governing the industry, including the Engineering Profession Act, the Occupational Health and Safety Act, the National Building Regulations and Building Standards Act, the National Environmental Management Act, and the Employment Equity Act. These charges follow the suspension of the registration of the engineer, who was unnamed in the media statement, in June 2024 and which had been informed by a decision taken by an Engineering Council of South Africa disciplinary tribunal. Shortly after the collapse of the building, Daily Maverick reported that Paarl-based engineer Athol Mitchell, whose signature appears on George building plans in possession of Daily Maverick, 'went missing'. He was later found. The Pink Ladies Facebook Post on the missing Athol Mitchell. The council said that it had maintained 'active cooperation with law enforcement authorities' and that 'in line with this commitment, the disciplinary ruling, investigation report and supporting evidence have been referred to the South African Police Service (SAPS) for further investigation and action in accordance with the Criminal Procedure Act 51 of 1977'. Penalties The council announced that it had imposed the maximum permissible monetary penalty on 'the Respondent', which had been informed 'by the findings of the investigation report into the collapse and the possible improper conduct of any Engineering Council of South Africa-registered persons'. On 8 July, Public Works and Infrastructure Minister Dean Macpherson received a report on the collapse of a five-storey residential property development in George, and promised to share this with families. The report, compiled by the Council for the Built Environment, comes more than a year after the collapse of the residential property development that caused the deaths of 34 people and injured 28. Previous complaints The council said the decision to suspend 'the member' came after findings that the George building disaster had been the third complaint that had been lodged against the engineer. 'In 2019, the Engineering Council of South Africa received the first complaint against the Respondent, and upon review by the investigating committee it was concluded that there was insufficient evidence to support a finding of a breach of the ECSA's Code of Conduct,' read the statement. A subsequent complaint was lodged in December 2023, and an independent investigation by the Engineering Council of South Africa's governing council determined that there 'was prima facie evidence of improper conduct'. The formal disciplinary hearing was convened before the tribunal, which found the engineer guilty of contravening Rules 3.1(a) and 3.1(c) of the Code of Conduct. Charges The council said the engineer also faced charges for violations of the Code of Conduct and the Code of Practice for the Performance of Engineering Work. This included failures 'to discharge duties to employers, clients, associates and the public with due care, skill and diligence and to adhere to professional norms when carrying out work' as well as 'misrepresentation, or knowingly permitting misrepresentation, of academic or professional qualifications or competency'. Further charges were 'a failure to give due regard to and prioritise the health, safety and interests of the public as well as a failure to comply with relevant legislation'. The defence The Engineering Council of South Africa revealed that the implicated engineer had sent formal notice to the body via his legal representative that he would not be participating in the hearing, and that it should continue in his absence. 'A plea of not guilty was entered on the Respondent's behalf. The Tribunal, comprising a duly admitted attorney (Chairperson) and 2 (two) suitably qualified Engineering Council of South Africa-registered persons (Tribunal Members), heard expert evidence presented by the ECSA in support of the charges, based on the findings of the investigation report,' read the statement. The tribunal found him guilty of all five charges, and in accordance with Section 32(3)(a) of the act, the Tribunal was empowered to impose one or more permitted sanctions: a maximum permissible fine calculated in terms of the Adjustment of Fines Act and a cancellation of the engineer's registration and removal from the register. The council said it extended its 'deepest sympathies to the families who lost their loved ones, those who were injured and everyone in the George community affected by this devastating tragedy. We are willing to cooperate with any affected people who intend to pursue legal action against the Respondent.' DM
IOL News
2 days ago
- IOL News
Engineer expelled by ECSA over George building collapse
The Engineering Council of South Africa (ECSA) has stripped a registered engineer of his professional status and imposed the highest possible fine after he was found guilty of multiple breaches of professional conduct linked to the catastrophic building collapse in George last year. On 6 May 2024, the structure gave way in what has become one of South Africa's most devastating construction failures in recent memory, claiming 34 lives and leaving the George community reeling. The engineer was directly implicated after an investigation revealed grave lapses in professional responsibility and legal compliance. ECSA confirmed yesterday that his registration was officially cancelled following a disciplinary hearing that concluded in late May this year. The hearing proceeded in his absence after he chose not to participate, despite being formally notified through their legal representative. The Council's Tribunal found the engineer guilty on all five charges under the Engineering Profession Act and the Code of Conduct. The violations included failing to discharge professional duties with due care and skill, disregarding public safety, and misrepresenting qualifications. Critically, the engineer was also found to have breached national legislation governing occupational health and safety, building standards, environmental management, and employment equity. This was not the first time that his professional conduct had come under scrutiny. ECSA confirmed that this was the third complaint brought before its Governing Council. A 2019 complaint was closed due to lack of evidence, but a subsequent complaint in December 2023 led to formal disciplinary action, just months before the George tragedy. The Tribunal, chaired by a senior attorney alongside two qualified engineers, considered expert testimony before handing down the maximum permissible fine under the Adjustment of Fines Act. In addition to the fine, the engineer's name has now been struck off the national register. In a move that underscores the seriousness of the case, ECSA has referred its entire investigation and findings to the South African Police Service for possible criminal prosecution under the Criminal Procedure Act. 'The pain and trauma caused by the collapse remain a stark reminder of the critical importance of professional accountability, public safety, and ethical conduct in the built environment,' ECSA said in a statement. 'We extend our deepest sympathies to the families who lost loved ones, those injured, and the entire George community.' The Council has pledged to support any affected families or community members who wish to pursue civil claims against the Respondent. It has also reiterated its commitment to protect the integrity of South Africa's engineering profession, warning that it will 'continue to take all lawful steps necessary' to uphold public trust.
IOL News
3 days ago
- IOL News
Serious safety violations flagged days before tragedy struck in George building collapse
The rubble of the collapsed multi-storey construction site at 75 Victoria Street in George. The building collapse claimed the lives of 34 workers and left dozens injured. Image: Ayanda Ndamane/ Independent Newspapers TWO days before the deadly George building collapse which claimed the lives of 34 people, a contractor observed unusual building movements and vibrations on the roof slab. Public Works and Infrastructure minister, Dean Macpherson, released the outcomes of investigations into the George building collapse at a media briefing in George on Saturday, where this and other damning findings came to light. Cracks were also noted around the base of a column on the ground floor that resembled punch-through patterns. Concerns were apparently raised around the narrow supporting columns and the large spaces between them. Macpherson was joined by the Council for the Built Environment (CBE) as well as the Engineering Council of South Africa, who found a long list of issues behind the tragedy which claimed 34 lives and left 28 people seriously injured, last year. 'A subcontractor warned of cracks starting to appear as early as 2023 to the extent that one could see through them while standing in the basement. The site manager instructed these cracks to be patched with a mixture of sand, cement and mortar.' The health and safety agent also resigned during construction stating that it was 'impossible to safeguard the interests of both the client and contractors amid continuous safety violations', the CBE said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The ECSA further found an engineer guilty for several contraventions including misrepresentation of academic or professional qualifications and failure to give due regard to and prioritise the health, safety, and interests of the public, among others. 'The Tribunal has decided to impose the following sanctions, a maximum permissible fine in terms of the Adjustment Fines Act and cancellation of the respondent's registration and the removal of their name from the ECSA register,' the regulator said. Macpherson said the report would also form part of the police investigation. 'If criminal wrongdoing is established, those responsible must be prosecuted without delay. We must ensure that people are held accountable for 34 souls losing their lives. No contractor, engineer, or official should be beyond the reach of the law. He said the concrete used in the slabs did not meet required specifications. 'Where 19 to 25 megapascal were needed, only 13 megapascal of concrete were delivered. These are not minor oversights. These are systemic failures, failures of planning, oversight, enforcement, and culture. What happened here more than a year ago was a lethal convergency of these failures which resulted in the deaths of 34 people. At every problem, there was a chance to turn back, but because of the weak regulatory environment, there was either no incentive or requirement to do so,' Macpherson said. Police spokesperson, Christopher Spies confirmed their investigation was still underway. 'An inquest docket was opened at the time of the incident by the George police. The investigation is at an advanced stage. The case docket will be referred to the National Prosecuting Authority for a decision upon the conclusion of the police probe. The police are not at liberty to divulge any other information at this stage,' Spies said. Over the next three years, the minister said new regulations, legislative amendments, mandatory standards and emergency protocols will be implemented, among others. GOOD party councillor in George, Chantelle Kyd called for the CBE report along with all other reports to be tabled in council. 'We must act decisively to ensure that every municipality, including George, is equipped to strengthen oversight, assess risk, and close the gaps exposed by this collapse. The planning department must review the findings, internal processes must be interrogated, and where necessary, corrective actions must be taken. If we fail to act now, we fail every worker who enters a construction site tomorrow,' said Kyd. Cape Times
Daily Maverick
4 days ago
- Daily Maverick
Report on ‘entirely preventable' George building collapse will form part of police probe — Macpherson
Minister of Public Works and Infrastructure Dean Macpherson has announced the completion of both the Engineering Council of South Africa and the Council for the Built Environment's investigations into the collapse of a five-storey development in George, Western Cape, last year. The ECSA report will form part of the police investigation to establish criminal negligence in relation to the incident. Minister of Public Works and Infrastructure Dean Macpherson has announced the completion of the Engineering Council of South Africa's (ECSA) investigation into the culpability of the engineer involved in the construction of the George building that collapsed in 2024. The report will form part of the police investigation to establish criminal negligence in relation to the incident. Speaking at a media briefing on Saturday, 19 July, Macpherson said that both the ECSA and the Council for the Built Environment's (CBE) investigations into the collapse had been completed. He described the CBE report as 'comprehensive and technically detailed', with findings that were 'serious, far-reaching and… alarming'. 'The full ECSA investigation report… will be published in the Government Gazette in due course. An appeal window to these findings is currently under way, which expires on 3 August 2025,' said Macpherson. 'This report must form part of the police investigation as we must establish criminal negligence for what happened. If criminal wrongdoing is established, those responsible must be prosecuted without delay… No contractor, engineer or official should be beyond the reach of the law.' The collapse of the five-storey residential property development, known as 75 Victoria, in George on 6 May 2024 was followed by a days-long recovery effort. It resulted in 34 deaths, with 28 survivors. Many of those who survived continue to endure difficulties linked to serious injuries incurred during the incident. ECSA charges The ECSA charged an engineer implicated in the building collapse with violations of the Code of Conduct and the Code of Practice for the Performance of Engineering Work, the council said on Saturday. The engineer was initially suspended by the ECSA in June 2024, and was subject to a disciplinary hearing on 29 and 30 May 2025. While the ECSA did not name the implicated individual, Daily Maverick has previously reported that the plans for the George building project were signed off by consulting engineer Atholl Mitchell of the company Mitchell & Associates. While the engineer elected not to participate in the hearing, the ECSA noted that a plea of not guilty was entered on his behalf. Upon completion of the disciplinary proceedings, the engineer was found guilty of the charges. The sanctions imposed by the ECSA included the 'maximum permissible fine' in terms of the Adjustment Fines Act 101 of 1991, and the cancellation of the engineer's registration and the removal of his name from the ECSA register. 'The George building collapse complaint was the third complaint received by the ECSA council relating to the conduct of the respondent. In 2019, the ECSA received the first complaint against the respondent and upon review by the investigating committee, it was concluded that there was insufficient evidence to support a finding of a breach of the ECSA's Code of Conduct for Registered Persons,' stated the council. 'A subsequent complaint was lodged in December 2023 against the respondent. Following an independent investigation, the ECSA Council determined that there was prima facie evidence of improper conduct.' The ECSA said its disciplinary ruling, investigation report and supporting evidence had been referred to the South African Police Service for further investigation and action. Key takeaways from CBE report The CBE investigation, conducted by a multidisciplinary team of technical experts, encountered anecdotal evidence suggesting that the failure of the first floor and basement area of the George building initially occurred due to the failure of the reinforced concrete at these levels. The findings of the CBE investigating team included: Unusual building movements and vibrations on the roof slab, observed by a contractor two days before the collapse; Cracks that were noted around the base of a column on the ground floor, resembling 'punch-through patterns', and concerns that were raised about the narrow supporting columns and the large spaces between them; Poor workmanship and quality on site, with a subcontractor reporting that he had observed discrepancies in the concrete supplied for the basement and first-floor slabs – the specifications called for 19-megapascal or 25-megapascal concrete, and the material supplied was 13 megapascals; The resignation of the health and safety agent during construction, with the agent stating that it was 'impossible to safeguard the interests of both the client and contractors amid continuous safety violations'; An inadequate geotechnical investigation, falling 'far short of minimum requirements of South African national standards' and leading to groundwater being discovered in the basement; and A lack of competence on site, with the 'approved competent person' for the structural system lacking the necessary expertise for designing complex structures. The CBE investigation found that South Africa's building regulatory frameworks were outdated, as the National Building Regulations and Building Standards Act and National Building Regulations were last amended during 1996 and 2011, respectively. 'The regulatory bodies and statutory authorities charged with administering construction work in silos, with inadequate information sharing and coordination, hindering effective oversight and enforcement,' added the CBE. The investigating team recommended 16 regulations that would act as measures to strengthen gaps and shortcomings in the building regulatory environment. The implementation of these recommendations requires legislative reform. Macpherson said: 'At every problem [during the construction of the George building], there was a chance to turn back, but because of the weak regulatory environment, there was either no incentive or requirement to do so. This is what makes me so angry when I view this tragedy from today's perspective – it was entirely preventable. 'However, we cannot undo what has happened. But we can, and must, respond with action.' Macpherson announced a 'phase-based reform implementation' process that would include: Immediate interventions, including new regulations, mandatory standards and emergency protocols, between 2025 and 2026; Implementing long-term reform, including legislative amendments and competency-based registration systems, between 2026 and 2028; and Institutional consolidation and relocation of custodianship of building regulations functions and standards to the Department of Public Works and Infrastructure from 2028 onwards. 'We will introduce a revised Council for the Built Environment Bill in Parliament. This Bill will give the CBE stronger investigative powers, consolidate regulatory functions, and establish it as a single, more effective regulator for the built environment,' said Macpherson. He also called for a legislative review of the National Building Regulations that would ensure their alignment with new technologies, climate resilience standards and 21st-century construction practices. 'In partnership with the Department of Labour and Employment, we will propose amendments to the Construction Regulations under the Occupational Health and Safety Act, to strengthen enforcement and accountability of all duty holders,' said Macpherson. The CBE would establish a reporting protocol that mandates the registration of any structural system failure, as well as a hotline to allow workers, built environment practitioners and professionals, or members of the public to anonymously raise safety concerns, he continued. 'We will introduce a national credentialing scheme for built environment professionals that will distinguish the specialised skillset from the generalist, who are already professionally registered,' he said. 'Deeply emotional' Macpherson's briefing on Saturday followed a closed-door engagement with the families of victims of the collapse, which he described as 'deeply emotional'. Elelwani Mawela, a worker from Limpopo who suffered serious injuries during the collapse, said that life had been very hard in the aftermath of the tragedy, as she had no money or support to manage her condition. 'I lost my teeth. I can't eat properly. It's very hard… How can I get money to buy milk, softer food?' she said. 'I've come here today because I want to meet the minister. Thank you very much for your support for all of us. 'I miss my friend. I lost a lot of people. It's very painful. Lots of people at home are starting to bully me because I don't have teeth. Please help us. I will fight until I get justice… I'm still young. I can't eat, I can't smile, I can't talk. Because I'm scared that people are going to bully me with my teeth.' Macpherson acknowledged that the families continued to endure great suffering. 'I would ask and plead that those who so generously reached out after the collapse do so once again until government's internal processes have been finalised. Families are battling to put food on the table. They are battling to deal with the psychological trauma. They are battling with medical bills,' he said. DM Those wishing to help in supporting victims and families affected by the George building collapse can send donations to the Love Garden Route NPC: Standard Bank
The Herald
4 days ago
- Politics
- The Herald
Deadly George building collapse was 'entirely preventable': Macpherson
The full ECSA investigation report will soon be published in the government gazette and an appeal window to these finding is currently underway which expires on August 3. This report must form part the police investigation to establish criminal negligence for what happened, he said. "If criminal wrongdoing is established, those responsible must be prosecuted without delay. We must ensure that people are held accountable for 34 souls losing their life." The reforms will be carried out in three phases as follows: Phase 1 from 2025 to 2026: Immediate interventions, including new regulations, mandatory standards and emergency protocols; Phase 2 from 2026 to 2028: Implementation of long-term reform, including legislative amendments and competency-based registration systems; and Phase 3 from 2028 onwards: Institutional consolidation and relocation of custodianship of building regulations functions and standards to the department of public works & infrastructure. A total of 34 people died and 28 were injured. Among those on the site were South Africans, Mozambicans, Malawians and Zimbabweans. Macpherson said he had noted how the tragedy had taken a toll on the families of the dead and injured workers. "There is great suffered in the families. They struggle to put food on the table, pay medical costs and have psychological challenges," he said. "We are exploring options with the department of social development and NGOs to provide relief or support to the families most affected, including those who have lost primary breadwinners. We also take seriously the vulnerabilities faced by foreign nationals on construction sites, many of whom work under exploitative or undocumented conditions." As political parties, it didn't help to abuse the situation for political gain, he added. George building collapse survivor Elelwani Mawela of Limpopo spoke about the sadness she experienced after the tragedy. She said while she survived it was difficult to talk about as she burst into tears and was comforted by Macpherson. TimesLIVE
