The department was due to hand over its findings and reccommendations to the directorate of public prosecutions with a reccommendation for prosecution against Highpoint Elevators.
According to the findings, the company disregarded the Occupational Health and Safety Act regulations by using unsuitable lifting devices.
The employer is also alleged to have willfully given false and misleading information during the inquiry.
The incident occured when Maboyi was on top of the elevator repairing it with two coworkers and a supervisor, when a chain holding it apparently snapped, causing it to accelerate at high velocity into the pit below where it disinte- grated. The Labour Department has investigated the incident and, according to the latest findings, a chain was fastened at the seventeenth level control room which protruded, through a hole on the floor, to the sixteenth level.
Three knots were tied to the protruding chain, fastened with a bolt and nut to form a loop, and a lifting-device tied to the lift car was then hooked to the chain loop. Investigators have subsequently found that since no knots, bolts or nuts were found on the chain protruding at the sixteenth floor, the bolt probably snapped because the fast- eners were only found at the pit where the lift landed. The labour department announced a week after the incident that Maboyi is entitled to financial compensation. “If a worker is injured while at work, under South African law the individual is entitled to compensation whether or not he is a full-time or part-time employee.
“This also applies to foreigners,” says the department’s compensation fund spokesperson Thami Mchunu, according to a Sapa report.