They, along with the families of the workers who died, are entitled to compensation under the Compensation for Occupational Injuries and Diseases Act (COIDA).
The five-storey apartment block collapsed on 6 May 2024, killing 34 workers, at least 26 of whom were immigrants, and leaving most of the 28 survivors injured, some with permanent disabilities.
A criminal case is being investigated by the police, and the Department of Human Settlements has said that a preliminary report by the National Home Builders Registration Council (NHBRC) suggests “several procedures were not followed” and laws not adhered to.
In terms of COIDA, the Compensation Fund is supposed to cover medical expenses and provide regular payouts to people who have been disabled, or to the family members of those who died. For permanently disabled people this can be a pension for life. The Compensation Fund is not confined to South African citizens; it covers immigrants who have been working in South Africa for more than a year.
With the help of local volunteers, at least 11 of the George building survivors have lodged claims with the Compensation Fund. The Fund has paid the medical expenses of some of them, but none of the survivors, or families of the deceased, have received any compensation payment.
Valid claims
Some workers have been left with permanent disabilities. Mozambican Ivaldo Macomo lost a leg and will likely never be able to work as a bricklayer again. His friend, Virgilio Sitoe, also from Mozambique, had nerve damage to both feet and was unable to work for several months. Although his medical treatment has ended, he is still in pain and struggles to work.
According to COIDA, Macomo is entitled to receive a lifelong pension, and Sitoe should be compensated for the period he was unable to work.
Macomo, who lives in Thembalethu township in George, said his doctor told him his claim had been approved, but he has yet to receive any payment.
Sitoe, who also lives in Thembalethu, said when he last visited the Department of Labour he was told he looks fine and his compensation claim will not succeed.
Shadrack Maine, from Lesotho, lost his right arm and right leg. He has also not yet received any funds.
Elelwani Mawela, from Zimbabwe, had her face crushed in the incident, but had to submit a Promotion of Access to Information Application (PAIA) to the Western Cape Premier’s office in order to get her medical records from Groote Schuur Hospital where she had several weeks of reconstruction surgery.
Obtaining her medical records cost Mawela hundreds of rands in administration fees and printing costs, but when she took these documents to the Department of Labour, she was told she needed to obtain more documents.
The spouses and children of those who died are also entitled to a pension but It has been an equally difficult battle for the families. Child Kayuni is the husband of Tiwonge Muhango, who was employed as a cleaner at the site and was killed in the building collapse. Kayuni, who has a valid passport and work permit, has still not received any compensation for his wife’s death at her workplace.
A typical experience
Public interest lawyer at Richard Spoor Inc. George Kahn says the challenges the building collapse victims face in getting their compensation are “very typical”. He says people often give up, even though they have valid claims.
Kahn says that labour department officials are usually “incompetent with respect to correctly interpreting and timeously implementing the COIDA” and that the systems and infrastructure are “defective”. Employees often have to submit the same documents again and again because officials lose the documents, he says.
Khan says one of his clients waited 20 years before getting his compensation.
Many of the immigrants working on the site were not properly documented. Khan says COIDA should cover all workers regardless of immigration status, but that is not always the reality on the ground. Workers who are not registered with the Compensation Fund should also be able to claim, but claims are often rejected in these cases, and this has to be challenged in appeal, says Kahn.
It has been reported that the Compensation Fund has had 12 years of adverse audit opinions, along with findings of fraud. The disarray means medical expense claims take months to be paid out, some legitimate claims are never paid, and sometimes claims are paid twice by accident.
In response to detailed questions, the Department of Labour stated: “The department’s processes are still unfolding therefore no comment.”
