WILL Commissioner Advocate Thulani Makhubela stay on the inquiry into the Usindiso Building, or be axed?
This is the question that bares in the minds of many as the Commission of Inquiry into circumstances surrounding the death of 77 people, dozens more others injured and many left homeless at the Usindiso Building continues this morning.
The inquiry is expected to resume this Wednesday, 20 December, in which retired Constitutional Court Judge Sisi Khampepe, the chairwoman, will hand down the ruling in the recusal application of Makhubela.
Previously, on Tuesday, 5 November, the Socio-Economic Rights Institute of South Africa (Seri) applied to have Makhubela recused from the commission.
This recusal was brought forth by Seri's lawyer, Advocate Jason Brickhill, following pro-Operation Dudula and anti-foreigner tweets were spotted on Makhubela's X, previously known as Twitter, dating back to 2017 to 2022.
He argued that these were extensive tweets that went on for six years on a single concentrated theme, expressing support for Operation Dudula in the exclusion of other issues.
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During the inquiry, affidavits by victims of the fire revealed how members of Operation Dudula tormented victims of the shelter burnt down before and after it was gutted by a fire.
One victim, Thembinkosi Sithole, a South African, relayed in his affidavit how the members of Operation Dudula marched around the building singing the same song while he was mourning the death of the victims.
In other instances, before the tragic fire in May 2023, members of Operation Dudula conducted illegal raids in their homes searching for drugs and threatened them.
It was through these affidavits that the legal representatives led in support to have Makhubela recused from the commission of inquiry into the Marshalltown fire, as his views on the inquiry could be biased.
After a month-long wait, Khampepe is ready to give her ruling.
