NSSF, ROKO blamed for site deaths

Feb 08, 2009

THE commission of inquiry into last year’s tragedy at a building site in Kampala has come up with a damning report, showing gross negligence by most of those involved in the sh147b project.

By Chris Kiwawulo

THE commission of inquiry into last year’s tragedy at a building site in Kampala has come up with a damning report, showing gross negligence by most of those involved in the sh147b project.

The 23-floor Pension Towers, belonging to the National Social Security Fund (NSSF), was being constructed by Roko Construction.

Alterations of the project design without approval, inadequate site supervision and the use of unqualified staff by Roko was responsible for the disaster that killed seven workers and injured scores when a retainer wall collapsed on them on October 14, 2008.

“Roko Construction Limited employed unregistered persons as engineers for responsibilities that required qualified, experienced and registered engineers contrary to section 29 of the Engineers Registration Act, CAP 271,” said the commission in its report to works minister John Nasasira.

“I am not commenting anything about the report,” said Roko managing director Dagomir Lacik over the weekend.

The commission headed by Prof. Jackson Mwakali, the chairperson of the Engineers Registration Board (ERB), also blamed the project consultants, Sentoogo and Partners, for not ensuring that Roko used qualified engineers and asked ERB to take appropriate action over the flaw.

The report also pinned NSSF management instructing the consultants without obtaining the necessary approvals. The project managers, Arch Design, was accused of failing to adequately advise NSSF on major technical, financial, contractual and statutory implications of the changes in the project.

The NSSF board and management, the commission said, ordered the consultants to excavate beyond the original design depth of six meters before obtaining the necessary approvals.

At the time of the accident on Lumumba Avenue, the contractors had excavated 17 metres deep. The increased depth followed a change in design from the original seven-storey twin- tower to accommodate a 23-floor complex, raising the original contract sum from sh36b to sh147b.

But the probe team that comprised an architect, structural engineers, geo-technical and materials engineers, said before digging deeper, NSSF should have got clearance from the contracts committee, the Public Procurement and Disposal of Public Assets Authority, the Solicitor General, Kampala City Council (KCC) and the National Environmental Management Authority.

The report also states that a ‘no-objection’ should have been obtained from the finance ministry before implementing the changes.
The report said Sentoogo and Partners failed to secure KCC’s approval of the revised plan to dig deeper and should, therefore, be held liable for the tragedy.

“The responsible persons should be held liable for flouting procedures and exceeding the contractual specifications and the consequent fatal accident,” the report said.

“The site supervision personnel should generally be held responsible for misrepresentation of their competencies, negligence and failure to ensure safe execution of the excavation works,” the investigators recommended.

The report said Seka Associates, the structural engineering consultants, exhibited professional negligence, omission and incompetence by approving an inadequate construction method.
The commission said Seka had the responsibility of checking and approving temporary works, including support for side excavations.

“But they gave approval for the design and contrivance of the excavation support system, which did not perform and which the investigation team has found to have been inadequate,” the report said.

There was no resident engineer at the site to offer full-time supervision.
The investigators reported that the inadequate soil retaining system, an earth tremor that occurred two weeks to the tragedy, heavy rains during the week and shearing forces due to the weight of the soil mass and the house located at the edge of the cutting, were the actual causes of the accident.

The report comes at a time when the project consultants have written to KCC for permission to allow Roko to put in place the necessary support at the site in preparation to resume work.

KCC spokesperson Simon Muhumuza confirmed receiving the letter from Sentoogo and Partners but explained that they were studying the report before they could consider the request.

The report recommends that before work resumes, KCC should ensure that there is a resident engineer and a health and safety officer.
It also called for the vacation of the neighbouring plots 16 and 18 until the bordering slopes have been secured.

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