Urgent call for action:

80 Albert Street Fire in Marshalltown Johannesburg.

By The Johannesburg Fire Response Action Group
Date: 5 October 2023

To: The Presidency of the Republic of South Africa

The Minister of Home Affairs
The Minister of Police
The Minister of DIRCO
The Minister of Human Settlements
The Minister of Social Development
The Minister of Health
The Minister of Cooperative
Governance and Traditional Affairs
The Premier of Gauteng
The Mayor of City of Johannesburg
South African Human Rights Commission
Cc. Office of the Dean of the Diplomatic Corps in South Africa
Embassies of Malawi, Tanzania, Kenya, Mozambique, Swaziland, Lesotho and
Zimbabwe
Editors of Media Houses

Executive Summary
This memo addresses the aftermath of the fire at, 80 Albert Street, Marshalltown,
Johannesburg, emphasising the critical issues and urgent actions required from the South
African government.
The devastating fire claimed the lives of 78 individuals, leaving 501 people displaced,
including at least 264 South African citizens, migrants, refugees and asylum seekers with at
least 81 children surviving. Urgent humanitarian and legal support is imperative for all
affected.

Key Issues:
1. State Declaration of the Fire as a Disaster: The declaration of the fire as a disaster
is crucial for coordinated government efforts. Recommendations encompass
resource allocation, improving shelter conditions, financial assistance, mental health
support, comprehensive long-term plans, and employment assistance.
2. Assistance for Families of Victims Lost in the Fire: Families who lost loved ones
require structured support for DNA sample collection, identification assistance, burial
and funeral support, transport assistance, regular updates, and extended counselling
in their provinces and countries of origin.The Emergency Housing Programme is
developed from section 26 of the Constitution and the National Housing Act. It calls
on the city to implement it, and for the provincial government to administer it by
making funding available to the City to fund disasters of this nature.
3. Documentation Crisis for Citizens and Migrants: Challenges with obtaining valid
documentation for both citizens and foreign nationals pose a secondary crisis.
 Recommendations include home affairs interventions and liaising with embassies,
assisting those with expired visas or no documentation, and ensuring prompt
issuance of permits to refugees.
4. Activation of the National Plan of Action on Racism and Xenophobia: The
spread of misinformation and xenophobic sentiment threatens social cohesion.
Recommendations include ensuring information accuracy, preventing misinformation,
upholding human rights, holding inciters accountable, utilising legal mechanisms, and
activating the National Plan of Action on Racism and Xenophobia.

Non-compliance with our international obligations and international law together with failure
to address these urgent issues may lead to further loss of life, deteriorating health,, and
social turmoil. Immediate government action is essential to alleviate the suffering of victims
and promote a cohesive, compassionate society.

INTRODUCTION
It has been 35 days since the devastating fire that officially took the lives of 78 individuals
(with final numbers still undetermined) and injured many more. More than the loss of lives
the fire has displaced approximately 501 people (245 households), including children as
young as 3 weeks old, who have not only suffered the physical scars of burns, broken legs
after jumping out of the building or throwing their children out of windows to save their lives,
they have also suffered the loss of as many as 6 family members in one incident, leaving
trauma and unimaginable loss. All the lives affected in this fire must be considered worthy of
humanitarian action and legal intervention and support with lost documentation that affects
the ability to move with freedom to rebuild their lives.

In the aftermath of the tragedy, certain politicians hastily labelled the building's occupants as
predominantly "illegal immigrants". However, our comprehensive assessment reveals that
206 of those who survived were South African citizens, particularly from Kwa-Zulu Natal and
the Eastern Cape. While many victims of the fire were migrants from Malawi, Tanzania,
Ethiopia, and Zimbabwe, many were also asylum seekers and refugees from these countries
which the South African government should be able to easily confirm. It's essential to correct
this misrepresentation as it not only skews the narrative but also seems to justify a lack of
response. Both local citizens and migrants are enduring immense distress. Many, feeling
unsafe, opted out of the temporary shelter, while others have been at the Hofland Park
Recreation Centre in Bezuidenhout Valley for over 4 weeks. Here, they face crowded, cold,
and unsafe conditions, with over 100 people sharing inadequate ablution facilities and a
kitchen ill-equipped for such volumes. It's imperative to address this crisis with accurate
information and a compassionate, effective response, irrespective of nationality or
documentation status.

For more than a week government authority from Disaster Management, Departments of
Social Development, Human Settlements, Health, Home Affairs and police have been
absent from the temporary shelter. This means that as support services like documentation,
food and health have been needed there has been no contact persons available to victims.
This has had dire consequences that NGOs, International Organisations, community
activists and volunteers with limited resources are now having to bear the responsibility for.
NATIONALITY, GENDER AND AGE OF MARSHALLTOWN FIRE SURVIVORS

Gender
Nationality Female Male Children Total Adults Grand Total
unknown

South Africa 103 89 14 58 206 264

Malawi 19 65 16 13 100 113

Tanzania 6 86 0 1 92 93
Kenya 0 1 0 2 1 3
Mocambique 3 0 0 0 3 3
Swaziland 1 0 0 0 1 1
Lesotho 2 0 0 3 2 5
Zimbabwe 9 2 4 4 15 19
Total 143 243 34 81 420 501

URGENT HUMAN AFFECTING VICTIMS

The most urgent issues affecting fire victims are:

- Inadequate ad hoc access to food at the temporary shelter;

- No trauma counselling or mental health support for both trauma from the fire as
well as it’s devastating short, medium and long term consequences in their lives;
- Limited and hindered access to ongoing medical care – and no access at the site
from government;
- Violence against victims from and at the shelter by South African Police Services,
JMPD and also criminal elements;
- Arrests and detention of fire victims by South African Police Services and JMPD
for not having documents as a result of them being burned in the fire;
- Being chased away from hospitals or clinics for not having documentation;
- No information about the DNA processes for identifying deceased family
members;
- No support for transporting deceased people’s bodies to the Eastern Cape and
Kwa-Zulu Natal
- No support or processes for repatriation for migrants wanting to return to their
countries of origin;
- No income and jobs because the shelter is far from the area they lived in;
- No plan by any government department to assist victims to move out of the
shelter in a dignified way

URGENT ACTIONS TO ASSIST VICTIMS

To address the urgent challenges arising from the 80 Alberts Street Fire and provide
essential support to victims, the South African government should take the following key
actions:
1. State Declaration of the Fire as a Disaster:
○ Resource Allocation: Upon the declaration of the fire as a disaster, allocate
resources for immediate and long-term assistance to victims without
discrimination based on nationality or documentation status..
○ Temporary Emergency Shelter: Address the urgent need for improved
housing conditions for victims while longer-term housing solutions are sought.
This includes procuring temporary housing facilities and ensuring consistent
food provision.
○ Ablution Facilities: Procure temporary ablution facilities, including showers
and adequate toilets, on an emergency basis.
○ Assistance for Victims Not in Shelters: Identify and provide assistance to
individuals who were in the fire but did not go to the shelters due to various
reasons. Offer appropriate aid to address their vulnerabilities.
○ Financial Assistance: Provide financial assistance to victims, including
support for rental payments, the purchase of new household items, and a
steady supply of food.
○ Mental Health Support: Offer mental health assistance to victims to address
trauma and emotional challenges stemming from the fire.
○ Comprehensive Long-Term Plans: Develop individualised long-term plans
for each affected family, considering options for reentry into the job market,
repatriation, or assistance to rebuild their lives.
○ Employment/Income Generation Assistance: Recognize employment
challenges and provide support to help victims secure new employment or
income-generating opportunities.
○ Communication Plan: Regular communication of the status of the response
as well as short, medium and long term plans must take place to all
stakeholders, families and victims of the fire taking their vulnerability and loss
of cell phones by fire victims into account.
2. Assistance for Families of Victims Lost in the Fire:
○ DNA Sample Collection: Establish a formal process for families of victims to
provide DNA samples for identification. State mortuaries should play a central
role in this process.
○ Identification Assistance: Provide support to families in identifying their lost
loved ones through state mortuaries and forensic processes.
○ Burial and Funeral Assistance: Extend comprehensive support to families
for the burial and funeral arrangements of their loved ones, covering
expenses and logistical support.
○ Transport Assistance: Facilitate transport assistance for families wishing to
bury their loved ones in other provinces or countries, including transportation
and related expenses.
○ Regular Updates: Create a system to regularly update all stakeholders on
the number of deceased individuals, progress in identifying them through
DNA, and the status of burial arrangements taking into account that many
victims have lost their phones and are in a vulnerable state.
 ○ Comprehensive List of Deceased: Maintain an updated list of names,
contact details, and other pertinent information for all deceased individuals,
accessible to families and those providing support.
○ Extended Counselling Support: Extend counselling support to families in
the provinces and countries from which victims originate.
3. Documentation Crisis for Migrants:
○ Liaise with Embassies: Engage in discussions with the respective
embassies to streamline and expedite the process of obtaining valid
documentation for foreign nationals who are in South Africa on visas.
○ Assist Those with Expired Visas: Implement measures to assist individuals
with expired visas or no documentation in obtaining proper documentation,
considering their unique circumstances.
○ Support Refugees: Collaborate with the UNHCR (United Nations High
Commissioner for Refugees) to ensure that Section 22 and Section 24
permits are issued promptly to refugees, providing them with the necessary
legal status and protections.
4. Activation of the National Plan of Action on Racism and Xenophobia:
○ Information Accuracy: Ensure accurate and factual information is
communicated to the public, promoting social cohesion.
○ Preventing Misinformation: Implement measures to prevent the spread of
misinformation and false narratives that incite xenophobia.
○ Upholding Human Rights: Uphold the state's duty to protect the human
rights of all residents, irrespective of nationality or immigration status.
○ Accountability for Incitement: Investigate and hold accountable those who
incite xenophobic sentiments and actions through legal mechanisms.
○ Utilise Chapter 9 Institutions and Equality Courts: Employ Chapter 9
institutions and Equality Courts to address xenophobic incitement.
○ Consider Criminal Prosecutions: Explore criminal prosecutions in cases
where incitement and harm to foreign nationals warrant legal action.
○ Activation of National Plan of Action: Activate the National Plan of Action
on Racism and Xenophobia to prevent the further spread of xenophobic
sentiments and violence, promoting tolerance, diversity, and social harmony.

Taking these actions is critical to alleviate the suffering of victims, ensure a cohesive society,
and uphold human rights during one of the most significant humanitarian crises in the
country.

CONCLUSION:
In the wake of the 80 Alberts Street Fire in Johannesburg, the South African government
faces a defining moment. The aftermath of this devastating incident has inflicted
immeasurable pain and suffering on its victims. Lives have been lost, families shattered, and
hope dimmed.

We cannot afford inaction. The government must rise to its duty of care in the face of one of
the most significant humanitarian crises in our country's recent history. To do nothing is to
accept the further loss of lives, the deterioration of victims' health, and the continued trauma
that threatens to forever scar their lives.
The Hofland Park Recreation Centre, meant to be a temporary shelter, is now a symbol of
despair. Overcrowded, unsanitary, and lacking basic necessities, it falls far short of providing
the dignified support these victims deserve. The government's declaration of a state of
disaster is a critical step, one that must trigger an immediate and comprehensive response.

We call upon the Presidency of the Republic of South Africa and the relevant ministries to
act swiftly. Address the urgent issues outlined in this memo - the documentation crisis,
housing conditions, access to medical care, and the desperate need for support for those
who have lost loved ones.

Additionally, we offer our support. Civil society role players deeply involved in relief efforts
stand ready to collaborate with the government to provide immediate aid to those affected.

The government has a responsibility to protect the rights and well-being of all residents
within its borders, irrespective of their nationality or immigration status. Now is the time to
uphold this duty, to display compassion, and to act decisively to ensure that the victims of
the 80 Alberts Street Fire find the support and solace they so desperately need.

For more information, please contact:

Andy Chinnah
Cell: 082 571 1159
Email: talk2andrewc@yahoo.com

Nigel Branken
Cell: 074 906 6777
Email: nigel@transforming.org.za

Amir Sheikh
Cell: 076 666 6466
Email: sheikh.scob@gmail.com