MEDIA ADVISORY

ECSA Prefers Charges on Registered Person Implicated in the George Building Collapse

The Engineering Council of South Africa (ECSA) has levelled charges against an ECSA-registered person (hereinafter referred to as the “Respondent”) implicated in the tragic structural collapse of a building in George on 06 May 2024. These charges follow the suspension of the registration of the Respondent in June 2024.

2025/07/22

The suspension was informed by the decision taken by a disciplinary tribunal convened by ECSA in accordance with its statutory mandate and in terms of Section 30 of the Engineering Profession Act, 46 of 2000, as amended. After the suspension, the Tribunal commenced with the collation of information and evidence in preparation of the hearing. The hearing took place on 29th and 30th May 2025 and the Tribunal imposed the maximum permissible monetary penalty on the Respondent.

The charges against the Respondent were brought in terms of Section 29 of the Act. The decision by ECSA is informed by the findings of the investigation report into the collapse and the possible improper conduct of any ECSA-registered persons.

The George Building Collapse complaint was the third complaint received by the ECSA Governing Council relating to the conduct of the Respondent. In 2019, the ECSA received the first complaint against the Respondent and upon review by the investigating committee, it was concluded that there was insufficient evidence to support a finding of a breach of the ECSA’s Code of Conduct for Registered Persons published in Government Gazette number 40691 on 17 March 2017 under Board Notice 41 of 2017 and promulgated in terms of the Act against the Respondent, and the matter was accordingly closed.

A subsequent complaint was lodged in December 2023 against the Respondent. Following an independent investigation, the ECSA Governing Council determined that there was prima facie evidence of improper conduct. A formal disciplinary hearing was convened before the Tribunal. The Tribunal found the Respondent guilty of contravening Rules 3.1(a) and 3.1(c) of the Code of Conduct.

Charges Preferred

The Respondent was charged with the following violations of the Code of Conduct and the Code of Practice for the Performance of Engineering Work published in the Government Gazette number 44333 on 26 March 2021 under Board Notice 20 of 2021:

1. Contravention of Rule 3.1(a) – Failure to discharge duties to employers, clients, associates and the public with due care, skill, and diligence;
2. Contravention of Rule 3.1(c) – Failure to adhere to professional norms when carrying out work;
3. Contravention of Rule 3.2(g) – Misrepresentation, or knowingly permitting misrepresentation, of academic or professional qualifications or competency;
4. Contravention of Rule 3.3(a) – Failure to give due regard to and prioritize the health, safety, and interests of the public; and
5. Contravention of Rule 8.1 of the Code of Practice – Failure to comply with relevant legislation, including the:

5.1. Engineering Profession Act 46 of 2000;
5.2. Occupational Health and Safety Act 85 of 1993;
5.3. National Building Regulations and Building Standards Act 103 of 1977;
5.4. National Environmental Management Act 107 of 1998; and
5.5. Employment Equity Act 55 of 1998.

Respondent’s Position and Proceedings

On the 7th of March 2025, ECSA received formal notice from the Respondent’s legal representative confirming the Respondent’s election not to participate in the hearing, with the instruction that the proceedings should continue in his absence.

Accordingly, the hearing proceeded in absentia of the Respondent. A plea of not guilty was entered on the Respondent’s behalf. The Tribunal, comprising a duly admitted attorney (Chairperson) and 2 (two) suitably qualified ECSA-registered persons (Tribunal Members), heard expert evidence presented by the ECSA in support of the charges, based on the findings of the investigation report.

Upon conclusion of the proceedings, the Tribunal deliberated and found the Respondent guilty on all 5 (five) charges.

Sanctions Imposed

In accordance with Section 32(3)(a) of the Act, the Tribunal is empowered to impose one or more of the following sanctions against an ECSA-registered person:

• A caution or reprimand;
• A fine not exceeding the amount prescribed in terms of the Adjustment of Fines Act 101 of 1991;
• Suspension of registration for a period not exceeding 1 (one) year; or
• Cancellation of registration and removal from the register.

Having considered the seriousness of the matter, the Tribunal has decided to impose the following sanctions on the Respondent:

1. A maximum permissible fine calculated in terms of the Adjustment of Fines Act,1991; and
2. Cancellation of the Respondent’s registration and the removal of their name from the ECSA register.

Referral for Criminal Investigation

From the outset of the investigation, ECSA has maintained active cooperation with law enforcement authorities. In line with this commitment, the disciplinary ruling, investigation report and supporting evidence have been referred to the South African Police Service (SAPS) for further investigation and action in accordance with the Criminal Procedure Act 51 of 1977.

ECSA extends its deepest sympathies to the families who lost their loved ones, those who were injured and everyone in the George community affected by this devastating tragedy. We are willing to co-operate with any affected people who intend to pursue legal action against the Respondent.

The pain and trauma caused by the collapse remain a stark reminder of the critical importance of professional accountability, public safety and ethical conduct in the built environment. ECSA remains firmly committed to upholding the public interest and will continue to take all lawful steps necessary to ensure the integrity of the engineering profession is protected.

Issued by The Engineering Council of South Africa (ECSA)

This article does not constitute legal advice. For an informed opinion and/or assistance with a labour-related matter, you are encouraged to arrange a formal consultation with the author.

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