Faculty of law blogs / UNIVERSITY OF OXFORD

The vilifying of victims in the aftermath of the Johannesburg fires

Thandeka is a human rights lawyer based in South Africa.

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This blogpost explores the complexities of the Marshalltown fires that occurred on 31 August 2023 in Johannesburg, South Africa. It is argued that the historical and current spatial planning inequality is a significant contributor to the tragedy. The aftermath of the fire serves as an urgent call to action, requiring a re-evaluation of priorities to remedy the deeply ingrained inequalities in the South African urban spaces in general and Johannesburg in particular.

An abandoned government-owned building in Johannesburg, Gauteng Province, South Africa caught fire on August 31, 2023. The Usindiso building fire resulted in approximately 77 fatalities and 88 injuries. According to news sources, the government-owned Usindiso Building, once a refuge for victims of gender-based violence, was abandoned and subsequently occupied by poor people in desperate need of housing. The residents, who did not have lawful permission to occupy the building, paid rent to individuals who had taken charge of the building. The term "hijacked" building emerged from this situation, a phrase the current writer avoids using as it unfairly implies criminality on the part of residents who themselves were victims of a system that left them on the margins of society. Moreover, the precarious nature of their socio-economic realities as impoverished people led to them living in dangerous conditions such as those in Usindiso.

It is important to note that a Commission of Inquiry into the causes of the fire and the prevalence of similar buildings in the City was established by the Premier of Gauteng and proceedings are still underway (streaming on YouTube channel: https://www.youtube.com/@gautengprovincialgovernmen6148). One person has confessed to starting the deadly fire.

Firetruck
Creator: kool_skatkat; Source: Flickr

The conditions in the Usindiso building rendered it unsafe for human habitation. It was densely populated; it has been estimated that some households consisted of eight individual residents in a single room. Over time the building material used inside the building as well as the overcrowding made the building especially dangerous. It consisted of five stories, and each level had informal structures resembling shacks, constructed from wooden boards and plastic, making the building vulnerable to fires. As the city grappled with the aftermath of this tragedy, the City of Johannesburg Municipality started a disturbing narrative, blaming so-called "illegal foreigners", which diverted attention from deep-rooted spatial inequality issues in the city that have their origins in the oppressive legacies of colonialism and apartheid. News sources point to the fact that the majority of the fire survivors are from South Africa with other survivors  being from Malawi, Tanzania, Kenya,  Mozambique, Eswatini, Lesotho and Zimbabwe.

The "illegal foreigners" narrative, used to scapegoat and vilify migrants, represents a simplistic and misguided approach that fails to address the structural inequalities and policy failures that underpin the housing crisis in South Africa.

The Native Land Act of 1913, allowed for the forceful displacement of black people (an inclusive term for people of African, Asian and coloured descent) from their land while simultaneously depriving them of the right to own land in urban areas through the Group Areas Act of 1950. This insidious legislation of apartheid enforced racial segregation by forcibly removing black communities from designated 'white areas' and relegating them to overcrowded and under-resourced townships and so-called black homelands.

This historical injustice has had far-reaching implications, continuing a cycle of inequality and limited access to adequate housing for generations of black people. It has laid the foundation for the stark disparities in housing and living conditions between the haves and have-nots.

Makeshift houses
Credits: United Nations Photo; Source: Flickr

The misdirected blaming of "illegal foreigners" fails to address the urban housing crisis caused in part by the lack of spatial planning for urban migration. Such diversionary tactics not only obfuscate the root causes of the housing crisis but also fuel xenophobia and social division, hindering the prospects of solidarity among communities struggling against common hardships. These common struggles have persisted post-South Africa’s transition from apartheid to a democratic state due in part to internal migration.

The abolition of apartheid laws resulted in a significant influx of people from rural areas and other provinces into urban centres, such as Johannesburg, seeking better economic opportunities and improved living conditions. This internal migration, often fuelled by the lack of employment prospects and infrastructure in rural areas, placed additional strain on the already overburdened urban housing infrastructure in cities.

The South African government took significant strides to address the housing crisis through the enactment of the Constitution of the Republic of South Africa,1996, which provides for access to adequate housing in section 26 and several policies and legislation that give effect to section 26 such as the Reconstruction and Development Programme (RDP) housing policy. Despite these efforts, urban areas lack affordable housing for low-income households, especially in city centres and Johannesburg is no exception. Reclaim The City has highlighted this issue in Cape Town and organisations such as the Socio-Economic Rights Institute of South Africa and the Centre for Applied Legal Studies (“CALS”) have worked on numerous advocacy projects focusing on this issue in Johannesburg.

A comprehensive urban development policy that not only prioritises the provision of safe and affordable housing but also addresses the regeneration of neglected city centres is needed to avoid another tragedy. Cities like Johannesburg require a multifaceted approach that recognises the complexities of internal migration and its impact on urban development. This approach should prioritise the implementation of urban planning strategies, the expansion of affordable housing initiatives, and the promotion of inclusive policies that address the needs of communities. By acknowledging the historical legacies of colonialism and apartheid while fostering a more inclusive and equitable approach to housing, South Africa can begin to pave the way for a more just and sustainable future for all its citizens. Hopefully the outcomes of the commission of inquiry will also address the underlying contributing factors that contributed to this tragedy.

 

 

How to cite this blog post (Harvard style):

T. Kathi. (2024) The vilifying of victims in the aftermath of the Johannesburg fires. Available at:https://blogs.law.ox.ac.uk/housing-after-grenfell-blog/blog-post/2024/02/vilifying-victims-aftermath-johannesburg-fires. Accessed on: 06/05/2024