Remarks by the Minister Nxesi at the Ballito Building Collapse, Ballito, KZN Province

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21 May 2024

Ladies and gentlemen

Sanibonani. Greetings to you all.

Let me start by conveying government’s deepest condolences to the family and friends of the deceased. I want to express my profound sympathy to the bereaved families, and assure them of government's pledge to conduct comprehensive investigations into these unfortunate occurrences.

The incident here in Ballito led to the regrettable demise of four people, occurring shortly after the building collapse in George, Western Cape, which claimed 34 lives. These events underscore the critical need for strict compliance with safety protocols in the construction sector.

We are deeply saddened by the building collapses, in George, eNgcobo and now here in Ballito. These heart-breaking incidents have not only led to the loss of irreplaceable lives but have also highlighted serious issues in respect of safety standards in our construction sector.

Every life claimed in these incidents underscores the value of human life and the obligation we have to ensure the safety of our workforce. It is profoundly distressing to witness such occurrences, and our thoughts and prayers are with all those who have been impacted and affected.

These events serve as a potent reminder of the significance of adhering to safety regulations and standards. We must unite - government, employers, and workers - to avert such disasters in the future.

The Department is committed to conducting exhaustive investigations into these incidents and implementing necessary measures to safeguard our workers. I implore everyone in the construction sector to prioritise safety, and to strictly comply with the Occupational Health and Safety Act.

At this stage, the site remains active under the jurisdiction of the South African Police Service (SAPS), and as such, has not yet been transferred to the Department of Employment and Labour. The Department will only be able to invoke Section 31 for investigation to ascertain compliance once the site has been officially handed over.

The Occupational Health and Safety Act (OHS Act) 85 of 1993 mandates the provision for the health and safety of individuals at work and concerning the use of plant and machinery. It aims to protect not only workers but also those who may be affected by such operations.

Section 31 of the OHS Act authorises an inspector to probe the circumstances of any incident that has transpired at or originated from a workplace or concerning the use of plant or machinery. This investigation is undertaken to ascertain if it is necessary to conduct a formal inquiry.

Given this incident, the Department will undertake rigorous investigations to determine if there were any breaches of the OHS Act. These investigations will aid us in understanding the causes of these tragic events and ensure that such incidents do not happen again in the future.

We encourage all employers and workers in the construction sector to acquaint themselves with the provisions of the OHS Act and to ensure strict adherence. Safety should never be compromised in the quest for economic advancement.

What has been preliminarily established is that there is a co-relationship between the contractor that was conducting the construction work and the owner of the private house where the excavation collapsed.

Five employees were engulfed/buried when a sand bank alongside a 5metre deep excavation collapsed, thereby killing four of the employees. At least one of the employees was rescued and is still alive, through the relentless efforts of rescue workers.

We have also established who the contractor is, and that it is registered with the UIF as well as the Compensation Fund, and thus the families or dependants will be immediately assisted in terms of claiming benefits from both Funds.

Of urgency will be assistance given by CF towards the burial costs as prescribed in terms of the COIDA. The officials from both CF and the UIF will be guiding the families in respect of procedures to be followed.

Majority of the affected employees have been confirmed to be from the Eastern Cape Province. Our inspectors are investigating the cause of the incident. From their preliminary findings various provisions of the Occupational Health and Safety Act as well as the Construction Health and Safety Regulations may have been contravened. Inspectors have since issued a prohibition notice prohibiting any further operations on the site until the employer implements compliant safety measures.

We call on all employers to comply with health and safety legislations in order to prevent a recurrence of incidents of this nature.

In these challenging times, let us remember the sanctity of human life and the importance of safety in workplaces. Our thoughts are with the families of the victims during this difficult time. We assure them that the government is committed to ensuring that justice is served and stand with you in this time of sorrow, and assure you of our unwavering commitment to safety and justice.

Siyabonga, I thank you,