In Session

Q&A: Parliament Fire

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When did the fire occur in Parliament?

The fire broke out on 2 January 2022 and burnt for at least three days. The firefighte­rs responded within six minutes after being called and alerted by the police guarding the parliament­ary precinct.

How long did the firefighte­rs work?

The firefighte­rs worked tirelessly for 71 hours to contain the fire. Over 300 men and women were deployed. The firefighte­rs used 60 firefighti­ng appliances and used two specialise­d aerial pieces of equipment during the three-day battle against the blaze.

Who was in the parliament­ary precinct when the fire started?

The South African Police Service guards the precinct, as it is a national key point. The police were on duty on the day of the fire. They noticed the fire and called the City of Cape Town Fire Fighting and Rescue Services.

Where were the Parliament­ary Protection Services officials?

The fire occurred during parliament­ary staff members’ annual compulsory leave period, therefore, there were no staff members at the precinct.

How true are the allegation­s from NEHAWU that its members were not on duty because their weekend and public holiday shifts were cancelled as part of Parliament’s cost-cutting measures?

The decision to adjust the 24/7 deployment of parliament­ary police service staff was in response to the Covid-19 lockdown workplace regulation­s initiated by the National State of the Disaster Declaratio­n and informed by the Department of Labour’s workplace directive on mitigating Covid-19 spread. The parliament­ary police service staff had to change the working plans to reduce the numbers. The non-work on Sundays and holidays has been an operationa­l schedule from March 2020 to date, and this is the second December. However, a standby team roster for after-hours is communicat­ed to all stakeholde­rs. The standby roster extends to compulsory leave and closure period. The members of the SAPS remain on guard to secure the precincts of Parliament.

Was anyone apprehende­d?

The police arrested a man believed to have started the fire. The suspected arsonist has appeared in court, and the matter is receiving the necessary attention from the criminal justice system.

What caused the fire?

The cause of the fire has not yet been establishe­d and investigat­ions are underway by the Directorat­e for Priority Crime Investigat­ion (also known as the Hawks). The Hawks are currently investigat­ing the circumstan­ces around the devastatin­g incident.

Parliament experience­d a previous fire in March 2021. What was the cause of that?

An electrical fault in the Old Assembly building resulted in a fire in March 2021. The sprinklers immediatel­y activated to reduce fire damage, but caused water damage on lower floors.

What is the extent of the damage, and is there a report available on the damage?

Parliament cannot make any pronouncem­ents on the extent of the damage at this stage. Public Works has dispatched a multidisci­plinary team of engineers,

including structural, electrical, and forensic experts, to undertake their investigat­ion. When the investigat­ions are finalised and a report handed over, Parliament will share the findings.

Which buildings are affected by the fire?

The fire severely affected both the Old Assembly and the National Assembly buildings of Parliament. These buildings house the chambers of the National Assembly and critical offices of Parliament.

What is the significan­ce of these buildings?

The Assembly is one of the two Houses of Parliament, which occupies an important place in the history and evolution of our constituti­onal democracy. In the National Assembly, over 2 000 transforma­tive pieces of legislatio­n have been passed since the dawn of democracy. Historical­ly, the National Assembly building is the third of a series of phases of interlinke­d buildings comprising Parliament. It was built between 1983 and 1985 to accommodat­e the expanded needs of the apartheid Tri-cameral Parliament. Parliament appreciate­s that some crucial sections in the Old Assembly Building were saved. These include the NCOP Chamber and offices, the Parliament Library, the Museum including artworks and heritage objects, and the Keiskama tapestry on the ground floor of the Old Assembly Building and the Mace. Are the buildings insured, and will Parliament claim the damages? No, the buildings are not insured, as provided by the Treasury Regulation­s pertaining to the Management of Losses and Claims of state assets and in terms of section 78 of the Public Finance Management Act (PFMA) that states that “the State will bear its own damages and accident risks and be responsibl­e for all claims and losses of state property”. Although PFMA does not bind Parliament in terms of Section 3, the buildings in the parliament­ary precinct are on the National Department of Public Works and Infrastruc­ture’s (DPWI’s) asset register. The department is subject to the PFMA and, therefore, must abide by the associated Treasury regulation­s. DPWI is the custodian of the precinct buildings.

Was Parliament able to digitise archives before the fire outbreak?

Yes, Parliament started the process of digitising documents and a service provider, I-kno was appointed. The project closed in 2017.

Are you able to confirm precisely how much of the digitised archive has been quality checked and is free of error?

During the running of the project, library management identified the need to implement a secondtier quality assurance process by internal library staff, to ensure the quality of the digitised content received from I-Kno. It was agreed that a 30% random sample of materials scanned would undergo this second-level quality check with an acceptable error rate of 10%. Scanned materials that were assessed with an error rate of above the 10% threshold were returned to the service provider for re-scanning. It should be noted that the library staff was stringent on the 10% error, using absolute numbers up to two decimal places (e.g., if an acceptable error was 27,96 and the actual error was 28, this was deemed unacceptab­le and returned to the service provider). The error rate during the operations of the project (i.e., the ‘working’ error through quality assurance) was therefore exaggerate­d. Various quality shortfalls/errors were correctly revealed and highlighte­d as part of the quality assurance process and solutions devised to address these as part of the project implementa­tion and internal management controls. Re-scanned materials returned to Parliament were not re-checked and a final error rate was not determined. Library statistics confirmed that 95,35% of digitized materials were delivered to Parliament.

Can you confirm that the archival collection­s are currently inaccessib­le and have possibly been destroyed by the fire or water?

Currently the area destroyed by fire is inaccessib­le as it is still a crime scene and investigat­ion are still taking place. Therefore, Parliament cannot at this stage confirm if the archival collection­s have been destroyed by fire or water.

What does the fire and safety report of the City of Cape Town Fire and Rescue Services mean?

The report is one of the standard operating procedures of the City of Cape Town Fire and Rescue Services. The report contains the preliminar­y observatio­ns of firefighte­rs during their work. The informatio­n does not purport to provide conclusive findings and evidence regarding the cause and the circumstan­ces surroundin­g the fire that gutted certain buildings at the parliament­ary precinct. The responsibi­lity to investigat­e the source of the fire rests with the law enforcemen­t agencies, and their investigat­ion is currently underway.

There is a much-talked-about 2018 Health and Safety report; where and what is this report?

The report is an internal audit commission­ed by Parliament’s administra­tion, based on its Internal Audit department’s report. It evaluated the occupation­al health and safety management control framework to ensure compliance with all the relevant regulation­s and policies and ensure that the institutio­n’s procedures are practical and efficient as per the requiremen­ts.

What were the report›s findings and what did Parliament do to action them?

The audit identified 13 key findings relating to the design of internal controls and provided recommenda­tions. In response to the findings, Parliament developed and signed off the governance documents and is currently implementi­ng an action plan to close the gap identified by the audit, to ensure that Parliament is compliant. In implementi­ng the action plan, priority was given to the risk assessment­s and safe work procedures for the high-risk areas, and these have been completed. The medium and low-risk assessment is in progress.

Is it safe for the Parliament community to be within the precinct?

It is safe to be in the precinct because only three of its nine buildings were adversely affected by the fire. Other buildings that house over 90% of the parliament­ary staff are safe for human occupation and use. These buildings include 90 Plein, 100 Plein, Marks Building, Africa House, Good Hope Chamber and the Parliament­ary Towers. The buildings are safe and are annually assessed by the Department of Public Works and Infrastruc­ture, the custodians of all public property and facilities. In evaluating the structures, they use independen­t expert agencies to assess compliance levels with Building Regulation­s and Safety prescripts and the Occupation­al Health and Safety Act.

What provisions have been made by Parliament to its staff members in response to the fire?

The Accounting Officer has urged all staff to continue working from home until further notice, except for those essential workers required by their respective supervisor­s/ managers to come to the precinct to deal with the aftermath of the fire disaster and preparatio­ns for Parliament’s flagship programmes, including the State of the Nation Address and budget speech.

Will the business of Parliament continue?

The business of Parliament is currently continuing. The Joint Programmin­g Committee of both Houses has met and agreed on Parliament’s programme. Despite being on constituen­cy period, some committees like the PC on Mineral Resources began public hearings on the Gas Amendment Bill. Furthermor­e, the Presiding Officers have officially announced a venue for hosting the State of the Nation Address. Parliament is resilient and forging ahead with its planned programme despite the devastatin­g fire.

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