The Engineering Council of South Africa (ECSA) has formally brought charges against an engineer in connection with the structural collapse of an unfinished building in George on May 6, 2024.

The incident claimed the lives of 34 construction workers, left many others seriously injured and prompted a large-scale rescue effort in which 28 people were pulled from the rubble alive.

The individual’s professional registration with ECSA was suspended in June 2024 after a disciplinary tribunal, acting under Section 30 of the Engineering Profession Act, completed a preliminary review of the incident.

Following this, the tribunal gathered evidence in preparation for a formal hearing, which took place on May 29 and 30, this year. After the hearing, the tribunal imposed the maximum monetary fine permitted by law and has permanently cancelled the engineer’s ECSA registration.

The charges brought against the engineer were based on the findings of an investigation into the collapse and the possible misconduct of registered engineers.

This matter marks the third complaint lodged with ECSA’s governing council concerning the conduct of the same individual. The first complaint, received in 2019, was dismissed owing to a lack of evidence of a violation of ECSA’s code of conduct for registered persons, and so the matter was subsequently closed.

A second complaint was submitted in December 2023. After conducting an independent investigation, ECSA determined that there was sufficient preliminary evidence of improper conduct.

A disciplinary tribunal was convened, and the engineer was found guilty of violating two specific rules within the code of conduct, the first of which requires engineers to act with care, skill and diligence, and the second of which requires compliance with professional norms in the execution of work.

In total, the engineer now faced five violations under the code of conduct and the code of practice for the performance of engineering work.

These include a failure to perform duties with due care, a failure to maintain professional standards, the misrepresentation or permitting misrepresentation of qualifications or competence, a failure to prioritise public health and safety and a failure to comply with relevant legislation.

The legislation referenced includes the Engineering Profession Act, the Occupational Health and Safety Act, the National Building Regulations and Building Standards Act, the National Environmental Management Act and the Employment Equity Act.

The disciplinary proceedings continued in the engineer’s absence. On March 7, ECSA received formal notification from his legal representative that he would not participate in the hearing, and that it should proceed without him. A plea of not guilty was entered on his behalf.

The tribunal, consisting of a qualified attorney as chairperson and two registered engineers as members, heard expert testimony based on the findings of the investigation report. Upon conclusion of the hearing, the tribunal found the engineer guilty on all five charges.

The tribunal has the authority to impose a caution, a fine, suspend a registration for up to one year or cancel a registration entirely. In this case, the tribunal imposed both the maximum fine and the cancellation of the engineer’s registration, including the removal of his name from the official ECSA register.

In addition to the disciplinary ruling, ECSA has submitted the tribunal’s findings, the investigation report and supporting documents to the South African Police Service for criminal investigation under the Criminal Procedure Act.

ECSA expressed its condolences to the victims of the collapse, including the families of those who died or were injured, and others affected in the George community. The council stated it was open to cooperating with anyone wishing to pursue legal action against the engineer.

The council reiterated its commitment to protecting public interest, ensuring professional accountability, and safeguarding the integrity of the engineering profession.

ECSA said the tragedy in George served as a serious reminder of the vital importance of ethical conduct and public safety in the built environment.