George building collapse survivors still await compensation

George building collapse survivors still await compensation! Nearly a year after the tragic collapse of a five-storey apartment block in George, construction workers who survived the incident have yet to receive compensation from the Department of Labour.

The families of the 34 workers who lost their lives, as well as the 28 survivors, are legally entitled to compensation under the Compensation for Occupational Injuries and Diseases Act (COIDA), yet no payouts have been made.

The Tragic Collapse

On 6 May 2024, the five-storey building collapsed, killing 34 workers, 26 of whom were immigrants. The remaining 28 survivors suffered various injuries, with some left permanently disabled.

A criminal investigation into the incident is currently underway, with the Department of Human Settlements revealing that a preliminary report by the National Home Builders Registration Council (NHBRC) suggests that several procedures were not followed, and laws were violated in the construction process.

George building collapse

Compensation Fund Obligations

Under COIDA, the Compensation Fund is responsible for:

• Covering medical expenses for injured workers.

• Providing regular payouts to workers who were permanently disabled.

• Paying pensions to the spouses and children of deceased workers.

The Compensation Fund applies to both South African and immigrant workers who have been employed in the country for over a year. However, despite being entitled to financial support, none of the survivors or the families of the deceased have received their compensation.

Survivors Struggle to Claim Compensation

With the help of local volunteers, at least 11 survivors have lodged claims with the Compensation Fund. While some medical expenses have been covered, no financial compensation has been received by any of the victims or their families.

Permanent Disabilities and Unpaid Claims

Several workers sustained permanent injuries, leaving them unable to work. Mozambican national Ivaldo Macomo lost a leg, making it impossible for him to return to work as a bricklayer. According to COIDA, Macomo is entitled to a lifelong pension, but despite his doctor confirming that his claim was approved, he has not received any payments.

His friend, Virgilio Sitoe, suffered nerve damage to both feet, leaving him unable to work for months. Although his medical treatment is complete, he still experiences pain and struggles to work. When Sitoe visited the Department of Labour, officials dismissed his claim, saying he “looks fine” and would not qualify for compensation.

Lesotho national Shadrack Maine, who lost his right arm and right leg, has also not received any funds.

Elelwani Mawela from Zimbabwe, who suffered severe facial injuries, had to file a Promotion of Access to Information Application (PAIA) to the Western Cape Premier’s Office just to obtain her medical records from Groote Schuur Hospital.

The process was costly, requiring her to spend hundreds of rands in administration and printing fees. However, when she submitted the records to the Department of Labour, officials told her she needed more documents, further delaying her claim.

Families of Deceased Workers Left Without Support

The spouses and children of the 34 deceased workers are also entitled to compensation, but they too have struggled to access it.

Child Kayuni, whose wife, Tiwonge Muhango, was a cleaner at the construction site and was killed in the collapse, has not received any financial support. Despite having a valid passport and work permit, his compensation claim has been ignored.

Legal Experts Highlight Systemic Failures

According to public interest lawyer George Kahn, the delays and challenges faced by the victims of the George building collapse are “very typical”.

“Many people give up, even when they have valid claims, because the system is incompetent and inefficient,” said Kahn.

He explained that Department of Labour officials often:

• Lose submitted documents, forcing workers to resubmit them multiple times.

• Misinterpret COIDA regulations, leading to unjustified claim rejections.

• Delay compensation for years, making it impossible for victims to survive without additional income.

Kahn noted that one of his clients had to wait 20 years before receiving his rightful compensation.

Immigrant Workers Face Additional Barriers

Many of the workers who were killed or injured were immigrants, and some lacked proper documentation.

While COIDA states that all workers, regardless of immigration status, should be covered, claims from undocumented workers are often rejected. This forces survivors and families to go through lengthy appeals, which most cannot afford.

Compensation Fund in Disarray

The Compensation Fund, which is responsible for payouts under COIDA, has faced serious financial and administrative issues for years.

• For 12 consecutive years, it has received adverse audit opinions, indicating severe financial mismanagement.

• Reports of fraud and corruption have plagued the fund, further delaying payouts.

• Medical claims often take months to be reimbursed, and in some cases, legitimate claims are never paid.

• Some claims are accidentally paid twice, highlighting major inefficiencies in the system.

Government’s Response: “No Comment”

When asked for an update on the George building collapse compensation claims, the Department of Labour provided a brief response, stating:

“The department’s processes are still unfolding; therefore, no comment.”

This response has been heavily criticized, as many believe the government is not prioritizing the needs of the victims.

Conclusion

One year after the George building collapse, survivors and grieving families remain without financial support, despite being legally entitled to compensation.

With systemic failures, bureaucratic delays, and corruption plaguing the Compensation Fund, many fear that the victims may never receive the justice they deserve. Unless urgent intervention occurs, the pain and suffering of those affected will only continue.