GEORGE NEWS - As George Herald reported last week Friday, George Municipality has withdrawn its claim of R9.2m for recovery costs against New Victoria Developments, the developer of the 75 Victoria Street collapsed building.

This was reconfirmed by Senior Communications Officer Ntobeko Mangqwengqwe in response to a statement by survivors of the collapse and victims’ families in which they express shock about the upcoming auction of the property. 

The news of the auction and withdrawal of the claim was met with shock by survivors of the collapse and families of the victims. In a statement issued on their behalf yesterday, they said the announcement of the auction “has ripped open raw wounds” for the 62 victims’ families. They feel that the property owner owes it to the victims to donate the site to the people of George.

The statement reads, “The scene of the worst man-made disaster in the history of the city should be consecrated to the memory of the 34 innocent lives lost and in atonement to the 28 survivors and all the people of George. We are not asking for what the law prescribes. We are asking for what is morally right. If our city’s moral compass is in place, then anything is possible.”

Chris Peterson, who lost his brother, Lunga Sindelo, in the disaster, said the municipality has the leverage to oppose the auction as the developer owes the local authority the recovery costs. 

“The ball is in their court. They owe it to the 62 victims and their families, as this happened in front of their eyes and they should have avoided it.”

Deon Safers of Mossel Bay, whose son, Delvin, miraculously survived, said the site should be transformed into a memorial park where the names of the 34 deceased and the 28 survivors are etched in granite as a permanent reminder.

As an example, they refer to the site where the original Twin Towers of the World Trade Centre in New York once stood that is now occupied by a 9/11 Memorial Museum.

Cllr Chantelle Kyd from the Good Party said  the withdrawal is disappointing. "It sends the message that accountability is optional when it comes to powerful or well-connected property owners. While families of the victims continue to mourn and wait for justice, the municipality appears to have quietly stepped back from seeking recovery and responsibility for one of the worst construction disasters in South Africa’s recent history."

She said George people deserve to know why the legitimate claim was dropped, "particularly when the same institution is relentless in pursuing ordinary ratepayers over far smaller amounts. The message this decision sends is that some lives, and some liabilities, matter less than others."

It reiterated its comment of last week that the property is privately owned and its use or disposal is at the discretion of the owner. However, any new owner who acquires the property will not be allowed to proceed with development on the basis of the previously approved plans. 

"These plans are no longer valid and cannot be implemented without resubmission and formal re-approval by the municipality in compliance with the National Building Regulations and Building Standards Act."

Reasons for withdrawing claim

Since publication of this article, the municipality said the following in a media statement:

"The Municipality did not proceed with registering its claim, as the financial institution holding the bond is the preferred creditor. The value of the bondholder’s claim exceeds the value of the property. Legal action against a liquidated company, using taxpayers’ money, is deemed to be irresponsible, fruitless, and wasteful because there is no guarantee that any money owed to the Municipality, as a concurrent creditor, will be recovered.

"The Municipality acknowledges and deeply respects the families’ call for the site to be preserved as a memorial in honour of the victims. However, the property is privately owned and therefore not under the municipality’s control. Any decision regarding the future use or disposal of the land rests with the owner or the appointed liquidator."

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