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An effort by Murray & Roberts (M & R) and other "protagonists" to prevent cross-examination of witnesses in the Ministry of Labor investigation into the collapse of the structure of the Grayston Bridge in October 2015 failed Monday. 19659002] Two people were killed and 19 injured when a temporary work structure collapsed on the busy highway on October 14, 2015. The construction work was done without interrupting traffic, and the Scaffolding fell on vehicles circulating down in the afternoon
The new commissioner named Phumudzo Maphaha pronounced Monday against the proposal of the lawyer Sias Reyneke SC acting for M & R without even hearing from other parties about it.
Reyneke suggested that full statements of witnesses be made whose parties could submit written questions, but no cross-examination should be permitted.
Maphaha however rejected this would be a "gross neglect" and an "act of injustice" for him not to cross-examine witnesses if he needed more information.
"Cross-examination is not subject to discussion," said Maphaha. resumed by his colleague Lennie Samuels, who previously chaired the investigation but who had to resign for health reasons.
The survey aims to identify those responsible for the collapse in 2015 and to make recommendations to prevent similar incidents. He only sat for 17 days and heard only expert witnesses.
The main parties before the investigation are Murray & Roberts as a prime contractor and equipment supplier, his client the Johannesburg Development Agency (JDA), the JDA l & 39; Royal HaskoningDHV agent and Form-Scaff, the supplier of some scaffolding
Some M & R employees have their own legal representatives, while the Numsa union represents others.
Monday, Roxana le Roux, Nemai Consulting's occupational health and safety consultant testified. Nemai did health and safety audits on behalf of the JDA
According to Le Roux's testimony, it was clear that the letters of appointment and / or certificates of competence of several key players were pending during of a documentary inspection. 2015, about two weeks before the incident. Roux stated that Form-Scaff had been appointed temporary designer of the work, but she confirmed that the letter of appointment was exceptional and that she had never seen a person who fulfilled that role. site. The regulations require the designer to "design, inspect and approve" temporary works prior to their use.
She testified that there was no document certifying that the structure had been checked regularly and that the findings had been reported
. She also confirmed that she saw no complete design sketch of the entire structure nor any plan indicating the order in which the structure was to be built.
Reyneke, on behalf of M & R, strongly opposed when Maphaha interviewed Le Roux during the cross-examination on "non-compliance" on the site. He said that this required the witness to draw a legal conclusion, which was the work of the commission or the courts.
What followed was summed up in a squeaky match between Maphaha and Reyneke.
Maphaha told Reyneke that he was trying to execute a commission on a bad chair "and accused him of banning him as a commissioner from performing his duties. raised the issue of Reyneke's efforts to prevent cross-examination and asked, "Why are you protecting this witness?"
Reyneke retaliated by saying that he was protecting the proceedings
Maphaha then reformulated his question and hearing
Maphaha asked Ms. Le Roux why she had not managed to stop the activity on the site in light of the risks to worker safety. She said that there was no good reason to do so and maintained that the workers were informed of the risks in daily "mini-risk" meetings.
Willem le Roux, lawyer for the JDA, asked her if she had already attended these meetings and she confirmed that she did not do so, but relied on the attendance register to confirm that the workers were properly informed of the risks.
The hearing will continue Tuesday with the testimony of the temporary supervisor of the works Oliver Aadnesgaard and Hein Pretorius of M & R. 19659002]
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