On Thursday, 4 September 2025, Premier Lesufi released the findings of Part (a)(ii), colloquially referred to as Part (ii), of the Khampepe Commission of Inquiry into the fire at Usindiso Building. We write to you to commend both the Commission and the Premier on the release of this report. As the Honourable Premier mentioned in his press briefing, there were many detractors when he announced another commission of inquiry. In this case, however, it is our contention that the recommendations, if implemented, have the potential to change the arduous lives and often dangerous circumstances of people who call Johannesburg’s inner-city home, and inch our country forward on the transformative journey envisaged for our constitutional democracy.
Our Honourable President referred to the fire, at the time, as a wake-up call. We believed then, and continue to hope now, that the findings and recommendations may indeed awaken people to a housing crisis in inner city Johannesburg. The Commission overturns a commonly held, and widely publicised, characterisation of ‘hijacked buildings’, which criminalises people who have no other choices:
“… There appear to be undertones or innuendos that reference the bad buildings as “hijacked,” as though the occupiers are the hijackers of the buildings. To the extent that the term may connote any criminality on the part of the occupiers, it must be avoided. The City, including political office bearers, are discouraged from using the word “hijacked” in relation to these buildings, which is considered to be pejorative.” [para 1709]
In finding that the widespread assumption of large-scale “hijacking” of inner-city buildings is misplaced, the Commission reports that only 5.74% of properties show alleged rent collection by non-owners. Instead, it points to poverty and the shortage of affordable housing as the drivers leading people to live in unsafe living conditions.
“… (t)he initial presumption that all problematic inner-city buildings are "hijacked" by criminal syndicates is not entirely supported by the facts. Instead, many properties are occupied by residents driven by dire poverty, not necessarily by illegal landlords.” [para 1667]
The report highlights key lessons and makes several additional recommendations, including that the City should adopt a coherent plan to address homelessness, including a recalibrated Inner City Housing Implementation Plan (ICHIP) that incorporates positive outcomes from the Bad Buildings Strategy.
“There is no discernible plan to resolve homelessness and there is a broad consensus, including the opinion of the expert witnesses, that the effort that went into compiling the ICHIP report is still a credible plan to address the social housing problems in the City... The City should be encouraged to immediately revisit the ICHIP plan with necessary recalibration, incorporating the positive outcomes that may arise from implementing the Bad Building Strategy” [para 1681].
It further recommends the immediate provision of basic services, including refuse collection in bad buildings, and investment in infrastructure to support the wider implementation of the Expanded Social Programme (ESP).
“There is no provision of basic services, such as water, electricity, sanitation, refuse removal. We recommend that these basic services must be provided by the City to the bad buildings immediately” [para 1684]
In addition, the Commission calls for sustained education campaigns to highlight the dangers of using flammable materials, and for budgets for Temporary Emergency Accommodation (TEA) and affordable social housing to be reviewed to ensure that resources are directed toward durable, long-term solutions.
“It is unconscionable, almost 30 years after the Constitution was made law, that the quest for proper and affordable housing is growing without any sign of abating. The City is encouraged to re-examine the budget allocated for TEA as well as affordable social housing.” [para 1692]
While our commendation on the Part (ii) report stands, we remain concerned about implementation. This concern is the second reason for our open letter; we call for your urgent intervention to ensure that both Part (i) and Part (ii) of the Commission’s recommendations are implemented.
The current initiative, the Presidential Johannesburg Working Group and its sub-working group on “Bad and Hijacked Buildings” should urgently be informed about the findings and we urge, directed, to take its recommendations into account in its deliberations and resulting recommendations. Failure to do so will produce results inconsistent with the Commission’s findings and in our view, rehash old ideas about long-standing problems. The considerable investment in, and effort of, the Commission must not be wasted.
We believe that additional capacity from the Presidency and the Minister of Human Settlements, in addition to the Premier’s role and involvement, is essential to secure effective implementation. Without proactive intervention, we fear that these recommendations will remain unfulfilled, as has been the case with Part (i). The opportunity presented by the findings and recommendations cannot be lost. The wakeup call cannot go unheeded.
As you are aware, Sunday, 31 August 2025, marked two years since the fire at the Usindiso Building in Marshalltown. The fire claimed the lives of 76 people, including 12 children, and left dozens of people severely injured, destitute, and displaced. We continue to mourn the victims whose lives were claimed by the fire and call for justice for the survivors, whose lives have been disrupted and who continue to live with the memories of that tragic night. Several bodies are unidentified and are likely to be buried as paupers.
The report and recommendations for Part (i) were made public in May 2024. That report made several key recommendations aimed at addressing these injustices. In this open letter, we want to emphasise Premier Lesufi’s announcement that a joint implementation committee would be established to ensure follow-through. On the first anniversary of the Commission’s establishment, SERI wrote to the Premier requesting an update on progress. To date, more than a year later, we have not received a response. We continue to urge Premier Lesufi to be inclusive regarding the composition of this committee, including organised occupier committees, as noted in the recommendations of the Commission, there is evidence that:
“… where the occupiers were able to form committees, there was greater co-operation between the City officials… Occupiers of the bad buildings should be encouraged to form a platform of dialogue and exchange to address any challenges that may arise”.
The fire struck at the heart of South Africa's housing crisis, particularly in Johannesburg's inner city. The Commission's recommendations provide a clear pathway to prevent future tragedies, but only if they are properly implemented.
We respectfully but urgently call upon you to ensure the implementation of the Commission’s findings. To the President, we request that you provide oversight and ensure national coordination of implementation, while directing the relevant national departments to support both provincial and municipal efforts. To the Minister of Human Settlements, we call for the allocation of additional technical and financial resources to strengthen implementation and oversight on compliance. To the Premier, we request an immediate written response to our previous correspondence regarding progress on Part (i) of the report, as well as clear public communication on the concrete steps taken to give effect to the Commission’s findings. We further urge the Premier to publish a detailed implementation timeline with measurable milestones for both sets of recommendations.
SERI and ICF stand ready to contribute to sharing our experience regarding meaningful engagement and to support implementation in whatever ways are possible.
The families who lost loved ones in the Usindiso fire, the survivors who continue to bear physical and emotional scars, and the thousands of inner-city residents living in similar conditions deserve justice. We implore you to ensure that it is realised.
Yours faithfully,
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Nomzamo Zondo Executive Director Socio-Economic Rights Institute (SERI) |
Siyabonga Mahlangu General Secretary Inner City Federation |
>> Access the full open letter here.
>> Access part (i) of the report here.
>> Access part (ii) of the report here.