I did nothing wrong, says former Johannesburg Property Company CEO

Former Johannesburg Property Company (JPC) CEO and director Helen Botes has denied any claims of wrongdoing for alleged unlawful procurement and the fatal fire at the Usindiso building in 2023.

This is in response to legal action taken against her by the Organisation Undoing Tax Abuse (OUTA).

Botes had denied all allegations of misconduct during her time at JPC, and argues that OUTA lacks legal standing to bring a delinquency application against her.

She asserts that JPC’s actions regarding the Usindiso building and Covid‑19 procurement were lawful and constrained by City of Johannesburg (COJ) policies, budget limitations, and a moratorium on evictions.

“The JPC followed a lawful and compliant process in its procurement for the deep cleaning and sanitization services,” she said in her plea.

It “intended to, but was not permitted to enforce evictions on account of instructions from the COJ and the lack of available alternative accomadation and temporary alternative accomodation.”

OUTA said that “she maintains that JPC took all reasonable steps under difficult conditions, disputes the Khampepe Commission’s findings about her, and notes that the Usindiso lease and its problems pre-dated her leadership.”

The JPC, a municipal entity wholly owned by the metro, is cited as the second defendant, with the CoJ named as the third in the case.

Although OUTA is not seeking direct relief against them, both are listed as interested parties because Botes remains registered as a JPC director with the Companies and Intellectual Property Commission (CIPC).

Botes presented her case in a plea submitted on 31 October 2025, in response to legal action filed against her by OUTA a few months earlier, on 29 July, after she had missed several deadlines to do so.

OUTA is accusing Botes, who led the JPC as CEO from 2008 to 2024, of “gross abuse” of her position.

“OUTA’s position remains clear: accountability cannot be avoided through technicalities or delay tactics,” said OUTA’s Adv Stefanie Fick.

“The Usindiso fire and the irregular Covid‑19 contracts at JPC happened under Helen Botes’ watch. OUTA remains committed to holding public officials to account, no matter how long it takes.”

The Usindiso building, owned by the CoJ and managed by JPC since its establishment in 2000, was destroyed by a fire on 31 August 2023, killing 76 people.

The Khampepe Commission found that the building had been in a disastrous state for a long time, despite not being zoned for residential use, and was occupied by vulnerable residents.

It cited multiple violations of emergency, health, and building safety laws.

It called for “appropriate action” against the longtime chief executive of the Johannesburg Property Company, Helen Botes, for a “total disregard of the managing of Usindiso building despite knowledge of the disastrous state since at least 2019.”

The report did not suggest specific measures.

OUTA says neither Botes nor JPC challenged these findings. In court papers, the organisation argues that her failure to act inflicted harm not only on JPC and CoJ but also on the victims and survivors of the fire.

The second pillar of the case

The second part of OUTA’s case involves R18.6 million in irregular Covid‑19 procurement. During the April–July 2020 lockdown, JPC contracted four companies for deep cleaning and sanitising services without a competitive bidding process.

According to the Special Investigating Unit (SIU), none of the firms had relevant experience, and the services were never delivered.

The SIU referred the matter for civil litigation and disciplinary action against Botes and other officials.

OUTA says this conduct breached municipal procurement rules, the Municipal Finance Management Act, and Disaster Management Act regulations, which require transparent, cost‑effective, and lawful spending.

“Public officials entrusted with life-and-death responsibilities cannot be allowed to walk away from catastrophes without consequences,” said Fick.

“The law is clear, and so is the evidence. Botes’ failures cost lives, and accountability is not optional — it is mandatory.”

The defendants have 10 court days from service to indicate their intention to oppose the matter.

OUTA says the application is brought in the public interest under section 162(5) of the Companies Act.

This provision obliges a court to declare a director delinquent if they have grossly abused their position, acted with gross negligence, wilful misconduct, or breach of trust.

If the court agrees, Botes could be barred from serving as a director of any company for up to seven years, or for life in severe cases.