Johannesburg - Gauteng Police Commissioner Elias Mawela has vowed to leave no stone unturned in search of justice for the families of the 40 victims of the Boksburg tanker explosion.
Mawela, who was accompanied by Gauteng Premier Panyaza Lesufi, addressed a media briefing held at Sci Bono offices in Newtown, Johannesburg, yesterday (Thursday).
A week after the explosion, the 32-year-old driver was released after the Boksburg Magistrate’s Court found that there wasn't enough evidence to prosecute him. This was also confirmed by the police in a statement.
However, Mawela said it would have been futile for the police to pursue a narrow and minor case against the driver and the gas company on scant evidence and lose out on properly pursuing the matter to ensure real justice is served.
Mawela said since the explosion, the police have been able to secure more than 40 witnesses and are continuing with the investigation.
"We will leave no stone unturned in this case. We have since interviewed and secured more than 40 witnesses who have come forward with their statements. We couldn’t risk charging the driver with a lesser sentence while there are other, stronger charges."
Mawela said the driver was currently facing a case of damage to property, reckless and negligent driving, culpable homicide, failure to comply with the laws governing hazardous goods, and other contraventions of the law that could be added on during the course of the investigation.
He also said there was a possibility that an inquest would be opened in order to ensure justice was served to the fullest extent.
"To date, we have obtained over 40 witness statements, but there are outstanding key exhibits that we feel we need to get to assist us in finalising the investigation. One of these is the post-mortem report, which is something that changes when there are new developments, making it a moving target because pathologists are busy working on these things.
"The fire department report is key in this investigation and is still outstanding. We are liaising with the City of Ekurhuleni, the public prosecutor, and others to secure some of these outstanding reports," Mawela said.
He said he believed the police now had a stronger case to proceed with the investigation as they await reports and documentation from the company.
"The company has told us that they are waiting for their lawyers to complete their report. We are prepared to wait, but we will not wait forever as we have compiled a memorandum, which we will be handing over to the prosecutor. Surely somebody must be held responsible for this," Mawela said.
Speaking on behalf of the city of Ekurhuleni, MMC for legal services, Golden Maduana, said they had instituted both civil and criminal charges against the driver of the truck and the company (Infinite Fleet Transport).
Lesufi updated members of the media on the latest developments on the explosion. It included the work being done by contractors, as well as the rising death toll, which now stands at 40 since the last update after two more fatalities were reported.
Lesufi said the company has been co-operating well with the investigations and even came forward to offer assistance to the families. He said, however, that due to the nature of the tragedy, it had been difficult to openly give the company a go-ahead with their offer.
"The company has been co-operating with the investigations and even came forward in a bid to offer assistance to the victims and their families. Due to the nature of the tragedy, we have been treading carefully in this regard," he said.
Lesufi said he was happy with the progress being made on the investigation.
"In terms of where we are with the investigation and to have 40 witnesses. I am happy that progress is being made as the provincial police commissioner has alluded now… I hope families will get comfort because when the case was withdrawn, people felt that we had abandoned the case," he said.
The premier added that he welcomed reports that the families of the victims intended to institute a class action against the company and government. Reports indicate that the families have approached a Canadian-admitted attorney, Zain Lundell, who has taken on the case for RH Lawyers, known as RHL.
"We have learnt that the victims and the families of the victims have instituted a class-action and civil litigation. We welcome this and understand that it is well within the families’ rights to pursue this matter whichever way they want.“
The Star