Tragic child death exposes Durban's building maintenance crisis

THE tragic death of Aphile Dlamini at the HOMii property in the Durban CBD, has once again exposed a grim and quite avoidable reality and tragedy. The dire consequences of neglect in building maintenance have resulted in pain to a family and long-lasting effects of what is an unbearable loss of a child, and a sibling.

This however is not an  isolated incident, and incidents such as this will not be the last. There is the sad reality of the property owners who will take risks, chances to make money by renting out premises, and the destitute who have no option but to rent out premises, that is dilapidated and dangerous.

Currently there are the voices that ring out to make the unfairness brought to the attention of those in the municipality, the politicians and authorities. However, the fact is, this will be left to be buried much like the child that has perished. The decay that permeates the city of Durban is something that has been going on for decades.

The loss of lives, threats to woman and children is overshadowed by the greed of property owners, who seem to be above the law, and who have no accountability.

Traditionally and legally the right to own property is not merely a financial acquisition of an asset or business venture, but it also carries a legal and a moral obligation to those that inhabit these properties in the form of tenants.

The tenant has the right to live in a safe, secure, and habitable premises, and pay rent, and the landlord has the obligation to manage and maintain the building so that safety, clean environment, and basic services are provided to the tenant. It is not much to expect that owners and managing agents must assume responsibility for ensuring that the structure, facilities, and environment are safe and fit for habitation.

Failure to maintain these standards is more than just negligence, it is a breach of trust and, in tragic cases like this, a failure that costs lives. This should be punishable by the law. There should be civil and criminal implications. Property owners should have insurance in place so that victims and their families to not have to endure secondary trauma of pursuing these claims.

It is a known fact that defendants in these matters are well represented, and they drag the matters out to outlitigate or frustrate plaintiffs. What is real is that the tenants are the lower income group, especially in the city centres, and their rights are disregard based on their socio-economic status.

Durban, like many urban centres, faces a growing crisis of neglected and deteriorating buildings. The tenants are families, students, and workers, the ordinary people who simply seek a safe place to live. They are desperately trying to do the best for their families and all they can hope for is that the landlords will not exploit them.

What is the municipality doing about this? Inspections and fines are not imposed. There is simply no need to do anything when it comes to protecting and upholding the rights of those most vulnerable. This is why these individuals are forced to reside in conditions that are unsafe, unsanitary, and, at times, life- threatening. Behind every cracked wall, faulty connection, or neglected repair is a potential disaster waiting to happen. The death of this little child, and the near death of his twin sister is just a recent example of a trajectory of tragedies.

The city, as custodian of the public must not just say they will do more but they must actually do more. Building control, health, and fire safety departments need to work  together to ensure that buildings are inspected regularly, that non-compliance is addressed swiftly, and that owners are held accountable when they fail to meet basic safety standards. This should be a code of ethical conduct that the departments must be held to. What is needed is a task force to create awareness and start an action plan to eradicate this slum like existence of residents in buildings like the one this story is based on.

Private property owners will never take responsibility or recognise that their legal duties if they are not sanctioned in a way that hurts their pockets and their liberties. They should be named and shamed. As long as they are not tacked for accountability, the situation will not improve, and it will be just a profit-making business.

Often these property owners live a private life of luxury and opulence. This shows one the disparity that exists between the classes of people in the country. Clearly if a firm set of rules are in place, is implemented and where consequences flow from noncompliance, then perhaps one will see change. But we are dealing with government, and the civil servants and this is a challenge. The right to live in a safe environment is a right that has been entrenched in the South African Constitution and yet decades late deaths of children are still taking place. Who is the guardian to ensure that these rights are maintained? Who will take responsibility?

We must accept that cities are not built of concrete and steel alone, but there is the  heart and soul of human beings that give it life and light. The smell of food, laughter of children, décor and food vendors is all that we read about in the streets of Europe but we have the charm and the grace and the location right here in Durban, and all it takes is some decency, and dedication to doing what is right.

This family will not hear their son’s laughter or see him grow into a teenager and a man, and this incident will haunt them forever. Nothing will replace this child for these parents and his family, and they have to live with the unfortunate choices that they had to make. What would you do if it were your child, your baby, your everything?

Aphile Dlamini should never have died in this way. It should not have taken his death to remind us of our responsibilities, as property owners, as city officials, and as citizens. Every building, whether it be a modest flat or a large commercial property, it shelters human lives. People deserve to live without fear that their homes could become danger sites and death traps.

They deserve protection, dignity, and accountability from those who own, manage, and govern the spaces they occupy. A collective awakening with due diligence and an ethical duty to do what is right can mobilise to do better. The lives lost and the suffering endured must not be in vain.

One only as to undertake a google search and the devastating statistics of collapsed buildings, poor construction, balcony fatalities, fires, all of which have claimed innocent lives. This is something influencers seem to shy away from. Instead of using their influence to highlight this plight and try to rally up support for change, they would rather talk about make up, matric dances, flashy cars and gourmet food.

Durban’s socialites can be seen strutting their stuff on every social media platform but not when it comes to real issues so we have to ask the question, who will take responsibility, and who will protect the victims and their families. Our hearts go out to the Dlamini family, but to the perpetrators, it will be business as usual.

Raeesah Bester is a candidate attorney and Priyanka Naicker a junior associate at Shamla Pather Attorneys Inc. 

** The views expressed do not necessarily reflect the views of IOL or Independent Media. 

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