KLASS LOOCH ASSOCIATES on-line.

Occupational Health & Safety Legislation Consultants 

         Established 1986

 

Tel 0117267839 / 0825749882                                                                                                                                      Fax 0866500687 

                                                                                                               

  April 2009

 

About Me

 

 Mission Statement

 

Contact Me

 

 Home

 

Services

 

Bronze Subscribers

 

Silver Subscribers

 

Gold Subscribers 

 

 Platinum Subscribers

 

 Summary of Subscriptions

 

Subscription Order Form

 

OHS News

 

Department of Labour (DoL)

 

Department of Mineral & Energy (DME)

 

OHS Chat & Skinner Newsletters

 

OHS Practitioner Newsletter

 

 Exclusive Subscriber Newsletter

 

OHS Act Section 16

 

Employer's Rights

 

OHS Act Section 37

 

OHS Court Cases

 

OHS Act

 

Department of Labour

 

ISO

 

Acts-on-line

 

SABS Website

 

Compensation Commissioner

 

 ASOSH

 

   Department of Justice

 

 Department Mineral & Energy

 

BETRAYED. Sunday Times of 5 June 2005.'Two years ago, Gauteng Premier Mbhazima Shilowa promised to pay Soraya Scott’s bills after she was paralysed when a marquee collapsed during Women’s Day celebrations. But now she has been forced to go to court.

GOING TO COURT: Soraya Scott Picture: THE CITIZEN

GAUTENG is refusing to compensate the businesswoman paralysed when a marquee collapsed during Women’s Day celebrations at the Union Buildings two years ago, and it’s even demanding that she prove she was severely injured in the incident. Now Soraya Scott, who has no sensation below her navel and is confined to a wheelchair, is being forced to go to court for compensation. The 39-year-old mother of two was celebrating one of the high points of her life when the marquee collapsed during a function at the Union Buildings in Pretoria on August 9 2003. The owner of a waste management company operating in Orange Farm, Lenasia and Eldorado Park, Scott had just received the Gauteng Premier’s award for economic empowerment from President Thabo Mbeki when a gust of wind blew the marquee down. President Mbeki and other dignitaries narrowly escaped injury, but Scott was left paralysed after two vertebrae were pushed out of place, severing the nerves. Visiting her in hospital, two days after her accident, Gauteng Premier Mbhazima Shilowa vowed that if the provincial government found it had to pay Scott’s bills in full, it would do so “with no qualms”. But Scott has filed papers in the Joburg High Court suing Shilowa, the Tshwane council, the company contracted to erect the stage and marquee; and another company which was subsequently subcontracted to do certain aspects of the job. Scott is claiming R11768203.98 in damages for pain and suffering, medical and hospital expenses, and loss of income. In court papers filed at the Joburg High Court, Scott claims that the marquee:

•Was unsafe and did not comply with minimum standards;

•Was not properly secured to the ground;

•Did not have sufficient bracing; and

•Was erected without the supervision of an engineer and put into use without a completion certificate having been issued.

Scott also claims that after the marquee was erected, no tests were carried out to check how stable it was and that the possible effect of the wind was not taken into account. An investigation into the accident by the Labour department in November 2003 attributed it to the marquee’s inability to withstand a “gust of wind”. The investigation also revealed that there were “no appropriate ground anchorages” and a “lack of bracing”. In papers filed at court, Scott says that as a result of her accident, she cannot move her legs and has no sensation below the navel. She has also lost all bladder and bowel function, experiences back and hip pain, suffers from depression, and will be confined to a wheelchair for the rest of her life. However, in March, Shilowa filed papers in court asking that Scott’s claims be dismissed. While Shilowa admits in his court papers that he and the Tshwane council were responsible for the planning and staging of the National Women’s Day event on August 9 2003, he says that the company they had appointed had then subcontracted aspects of the work, including erecting the marquee over the stage, without his knowledge or consent. Shilowa also claims to have “no knowledge” of the gust of wind which allegedly blew down the marquee or of Scott’s injuries, and requests proof of both. This week, a dejected Scott said she was dismayed that she had to pursue the matter through the courts — a long and arduous process. “Things have not gone well for me. I lost out on several business contracts, can’t work for more than four hours a day and need money to complete renovations of my house for the wheelchair.” But Shilowa’s spokesman Annette Griessel said on Friday that the Gauteng government “remains committed to assist Soraya Scott in her recovery arising from the injuries she sustained.  “We have to date paid for all medical and hospital costs incurred by the Scott family. “We are keen to ensure a speedy resolution to the civil matter arising from the case. We have instructed the state attorney to expedite the process of finalising the matter.” 


Women's Day stage collapse victim Suraya Scott will take legal action against the people who left her wheelchair-bound for life'. The Star of 15 November 2003.

Stage roof collapsing was not firm’s fault’. IOL. The company that erected the stage roof that collapsed at the Union Buildings on Woman's Day is not to blame for the accident, Saturday Star has been told. Presentech's Paul Nel - speaking for the first time since the accident which left businesswoman Soraya Scott paralysed - refuted suggestions that his company held sole liability for the incident. The collapse report, released last week by the separtment of labour, attributed the accident to the structure's inability to withstand a "gust of wind". It further said that there were "no appropriate ground anchorages" and a "lack of bracing". It had also been previously noted that the Tshwane Metropolitan council did not issue the required clearance certificates. Nel insists that the stage roof was constructed to specifications. "The structure is imported from Europe and comes in kit form. We have had it for about eight months and have always erected it the same way, according to the guidelines set by the manufacturers (Poland's Lumex)," he said. A lot had been said by the department of labour about the lack of clearance certificates issued for the structure, and the suggestion had been that it was Presentech's responsibility to seek these. However, Nel said one had to very careful about which certificates they were referring to as there were various types of certificates with different parties being responsible for them. "When we built the structure we did all the usual checks and have the appropriate internal documentation to prove this," he said. In terms of the structural engineer's clearance that is also required, Nel said that as a subcontractor, his company was at the bottom of the hierarchy. "It is not up to us to appoint an engineer for the event. There is first of all the land owner, who I would presume is the national government, then there's the event organiser (Gauteng Sports, Recreation, Arts and Culture/Premier's Office); the contractor (Computer Audio Visual Technology) and then there's us the sub-contractor. "As a company we had our internal certification which was present on site at all times, but it wasn't up to us to call engineers from Tshwane," said Nel. He added that even if the clearance had been provided, he doubts "the outcome on the day would have been different," suggesting that the structure would have collapsed anyway. Meanwhile, Barry Snow, chairperson of the Technical Production Services Association of Southern Africa, an association representing technical services suppliers to the events industry, has slammed the focus of the report. "It focuses on the accident and nothing else. Fingers are only being pointed in one direction, Presentech, and there are so many other people to look at. What about the event manager - they have as much responsibility as Presentech?" asked Snow.

Roof collapse report delayed. The Star of 11 October 2003. 'The report on the Women's Day stage collapse at the Union Buildings will be finalised in a week. Two weeks ago Saturday Star reported that the investigation on the Women's Day stage roof collapse - which left businesswoman Suraya Scott paralysed, and could have killed President Mbeki - had been rounded off and a report would be ready this week. However, Department of Labour spokesperson Snuki Zikalala told Saturday Star that the report would take another week to conclude. The public will have to wait even longer to learn its findings as it will do the rounds within government, including an inspection by Mbeki'.

Tent-collapse probe complete. The Star of 27 September 2003. 'The investigation has been thorough. It involved four or five investigators, including a wind expert. Within two weeks - the amount of time it will take the Department of labour to convert the information gathered into a report - the country will know who was responsible for turning a day celebrating the successes of South African women, into a tragic and life-changing day for one of them'.

Premier assures victim. Pretoria - Gauteng premier Mbhazima Shilowa on Monday visited the woman paralysed when a marquee collapsed at a Women's Day function, telling her not to worry about her medical expenses. "It may be that the provincial government has to pay the full cost. If that is the case, we will do so with no qualms," Shilowa told reporters in Pretoria after the visit. The immediate concern was to provide Suraya Scott, 37, from the West Rand with the best possible medical treatment. She suffered a spinal cord injury when the tent roof of a temporary stage succumbed to a strong gust of wind at the Women's Day function at the Union Buildings. Others on the stage, including President Thabo Mbeki, were not hurt. Mbeki was waiting to speak at the event, hosted by the Gauteng provincial government, when the roof caved in. Muelmed Hospital spokesman Johann Dednam earlier said Scott was paralysed from the waist down. She was on stage to receive a Gauteng Woman Achiever's award. Scott is married to Isaac and they care for two sons, Lee George, 7, and Cal Eaton, 8.

'Traumatic'

Her brother-in-law, Moses Scott, who appeared alongside Shilowa, said: "This is a traumatic time." He asked for the family to be given an opportunity to come to terms with the accident. "Suraya may be physically challenged today but her mental abilities are the same. She still has the same drive." Shilowa said he had asked Labour Minister Membathisi Mdladlana, on behalf of the province, to institute an inquiry into the incident. Labour experts were better equipped for the task. "They need to be able to look at it in all respects. I would want to be able to get to the bottom of the incident itself." Shilowa said provincial MECs had pulled together a number of interested parties to discuss the accident. The minutes of this meeting would be submitted to the labour investigating team. Shilowa would not comment on the substance of reports that the ill-fated stage had not been properly inspected before being used.

'I never would have endangered the President'.

"I don't know. If I had known, I never would have put my life in danger by being on the stage. I never would have put the life of the president in danger by being on the stage with him," Shilowa said. "Overall, I would never have put the recipients of the award in danger. This was supposed to have been a day of celebration."

Shilowa said the full report and its recommendations would be made public.

"If there is a need for us to take action, we will be willing to take the action." The company responsible for erecting the stage is CATV (Computer Audio Visuals Technology), based in Wendywood, Johannesburg. Managing director Derrick Jannison was in a meeting on Monday afternoon and not immediately available, a company official said. The labour department earlier said a prohibition notice had been issued against the firm. Sports, Recreation, Arts and Culture MEC Gungubele Mondle said Scott ran her own waste removal company. Her work to help others to start similar businesses contributed much to her nomination for the achievers award. Shilowa added: "She has been able to pull up herself by her own bootstraps... moving from being a clerk to founding her own waste management company." Moses Scott thanked the presidency and the provincial government for their support. The Congress of South African Trade Unions also conveyed its best wishes to Scott on Monday. "It is a tragedy that a finalist in the Women's Achiever Award should have been so cruelly injured just as she was to be honoured for her service to the community." Referring to the collapse of another marquee at a May Day rally in Johannesburg, Cosatu added: "Clearly there is a need for far more rigorous checks of structures being used at public events."

Premier assures victim. News24. Gauteng premier Mbhazima Shilowa on Monday visited the woman paralysed when a marquee collapsed at a Women's Day function, telling her not to worry about her medical expenses. Shilowa said he had asked Labour Minister Membathisi Mdladlana, on behalf of the province, to institute an inquiry into the incident. Shilowa said the full report and its recommendations would be made public'. 'Referring to the collapse of another marquee at a May Day rally in Johannesburg, Cosatu added: "Clearly there is a need for far more rigorous checks of structures being used at public events."

The day the roof hit the boss. Strong wind dumps tent on Mbeki.  Sunday Times of 10 August 2003. President Thabo Mbeki was hurried to safety after the roof of a tent collapsed during a Women's Day celebration in Pretoria yesterday. Mbeki later joked that "witches and wizards" were responsible for the collapse of the roof at the Union Buildings. Suraya Scott, one of 10 women achievers being recognised by Gauteng Premier Mbhazima Shilowa, was taken to a nearby hospital after a strong wind ripped off the tent roof. She was not seriously injured. Mbeki was later forced to address a crowd of more than 2 000 from the back of an open truck. "Witches and wizards don't want me to address the women of this country. They think I will run away but they will be sorry," Mbeki quipped. Also on stage when the tent roof collapsed, was ANC leader Oliver Tambo's widow, Adelaide, and Tshwane Mayor Smangaliso Mkhatshwa. Neither was hurt. Mbeki urged an end to the abuse of women and children. "Our culture does not allow us to rape women and children," he said. "There is no man today who is a real man if he beats up women and rapes children." A 37-year-old woman from the West Rand who was injured when a marquee collapsed at a Women's Day function in Pretoria on Saturday has been paralysed, Muelmed Hospital in Pretoria said on Sunday. IOL of 11 August 2003. Hospital spokesperson Johann Dednam said a neurosurgeon confirmed that Suraya Scott suffered a "spinal cord injury and was paralysed from the waist down." The married mother of a seven-year-old, Scott was self-employed and owned a waste management business.  Dednam said Scott would have to join a rehabilitation programme.  "A paralysed patient would usually have to stay in hospital for about three months and undergo intensive therapy".  Dednam refused to comment on whether the woman's family would be taking legal action against anyone following the roof collapse.

Women paralysed after marquee collapses. M & G. A 37-year-old woman from the West Rand who was injured when a marquee collapsed at a Women's Day function in Pretoria on Saturday has been paralysed, Muelmed Hospital in Pretoria said on Sunday. Hospital spokesperson Johann Dednam said a neurosurgeon confirmed that Suraya Scott suffered a "spinal cord injury and was paralysed from the waist down." Dednam said: "She was brought to the hospital on Saturday afternoon shortly after the incident. She was stabilised and underwent an operation on Sunday afternoon, and is currently in the intensive care unit." Scott was on stage to receive a Gauteng Women Achievers Award when the incident occurred. The married mother of a seven-year-old, Scott was self employed and owned a waste management business. Dednam said Scott would have to join a rehabilitation programme. "A paralysed patient would usually have to stay in hospital for about three months and undergo intensive therapy..." Dednam refused to comment on whether the woman's family would be taking legal action against anyone following the roof collapse. Earlier on Sunday, the African Christian Democratic Party said the Department of Labour and other governmental agencies should accept responsibility for a marquee that collapsed. It was the president's second brush with collapsing marquees. On May 1, Workers Day, a marquee from where he was expected to address a Johannesburg workers' rally collapsed. Loose objects from the structure smashed the window in one of Mbeki's motorcade vehicles. The Department of Labour on Saturday issued a prohibition notice against the company that erected the stage in Pretoria. Labour Minister Membathisi Mdladlana said his department's inspectors reacted promptly to the incident and the company would not be able to do any structural work until a probe into the collapse had been completed. ACDP spokesperson Mrs Jo-Ann Downs said on Sunday that the Department of Labour and other governmental agencies should first accept responsibility for their failure "to establish a correct culture of respect for the health and safety of our citizens, which was displayed in their inability to inspect and control the risks attendant on a public event." She said, "The Department of Labour has also admitted that the required safety certificates were not issued by the building control, and that the fire department were not called to inspect the stage. "Safety standards were therefore not established."

Who's to blame for tent tragedy? IOL. The Women's Day accident at the Union Buildings in Pretoria last Saturday seems to have been caused by bureaucracy, cost cutting and hasty, improper construction. The collapsed temporary stage roof which narrowly missed President Thabo Mbeki and other high-ranking government officials, led to the permanent paralysis of Suraya Scott, 37. The West Rand businesswoman was part of a group of women being honoured by Mbeki and Gauteng premier Mbhazima Shilowa on the day. She is now paralysed from the waist down. A representative body of event organisers, the Technical Production Services Association (TPSA), said this week that serious questions need to be asked about how safety issues were addressed. Investigations into the incident were this week undertaken by the National Intelligence Agency and the Department of Labour. While it is not clear when the investigations will be concluded, numerous questions will have to be answered about the conduct of event company Computer Audio Visual Technology; subcontractor Presentech; the Gauteng Department of Sport, Recreation, Arts and Culture; President Thabo Mbeki's bodyguards; the Tshwane Metropolitan Council and the Tshwane Emergency Management Services. The TPSA represents about 40 companies and individuals who provide technical support such as lighting, stages and sound to the events industry. Presentech, the company that was subcontracted to put up the stage and roof at the Women's Day event, is a TPSA member. Although Presentech has a big question mark hanging over its head, TPSA chairman Barry Snow said the liability net needed to be cast much wider. "I have not had a chance to speak to Presentech, but what I have heard is that they had little time to put that structure together," he said.

 

COMING TO TERMS: Soraya Scott, who was paralysed when a stand collapsed on Women's Day, is trying to come to terms with her condition. (Leon Botha, Beeld) News24.

What the Devil's Advocate has to say.