The disciplinary sanctions imposed on engineer Atholl Mitchell by the Engineering Council of South Africa (ECSA) following the deadly George building collapse are currently suspended pending the outcome of a formal appeal.

ECSA had announced in July that its disciplinary tribunal found Mitchell guilty of five counts of improper conduct linked to the May 6, 2024, structural collapse of an unfinished building in George, which resulted in the death of 34 construction workers and injury to many more.

The tribunal imposed the maximum fine allowed under law and permanently cancelled Mitchell’s professional registration.

The guilty finding was based on an investigation into the incident and Mitchell’s conduct. The tribunal ruled in his absence after he formally declined to participate in the May 2025 hearing, entering a plea of not guilty through his legal representative.

Mitchell’s lawyers have since confirmed that an appeal was lodged in terms of the Engineering Profession Act. Under Section 33(4) of the Act, sanctions imposed by the tribunal cannot be implemented until the council, or the Council for the Built Environment, has decided the appeal. This means the fine and deregistration are on hold.

ECSA acknowledged receipt of the appeal in a statement on August 14, reiterating that the disciplinary process remained subject to further scrutiny to ensure compliance with principles of legality, reasonableness and procedural fairness.

Mitchell’s legal team said they had launched urgent High Court proceedings to compel ECSA to clarify the procedural status of the case. These were set down for hearing on August 12 but will be withdrawn following ECSA’s undertaking to issue a public statement confirming that the tribunal’s decision is not final or enforceable at this stage.

ECSA has also forwarded the tribunal’s findings and investigation report to the South African Police Service for potential criminal investigation.

The appeal outcome will determine whether the sanctions against Mitchell are upheld, amended or overturned.