Controversial advocate Thulani Makhubela has been recused as a Khampepe Inquiry commissioner, following complaints about his purported anti-foreigner views and support for anti-foreigner organisations on social media.
The inquiry was established to probe the circumstances that led to a blaze that claimed the lives of 77 people in Marshalltown in August. Some of the people who perished in the fire were foreigners.
In November, the Socio-Economic Rights Institute (SERI) wrote to the commission after it saw a series of tweets on X, formerly known as Twitter.
SERI, which is participating in the commission, will submit information on what it calls a "housing crisis" on behalf of inner-city residents.
The institute alleged that public statements Makhubela had made on X over six years showed that he was closely associated with Operation Dudula and a supporter of Put SA First movements, which are xenophobic.
On Wednesday, inquiry chairperson Justice Sisi Khampepe delivered her judgment on SERI's application for the recusal of Makhubela.
She went through Makhubela's profile on X, including some of the posts he had made over the years.
One post read:
South Africa for South Africans first.
"Commanders morning. Being nice and respectful is not giving us results. It is time for accelerated programmes around illegal foreigners. Politicians who prioritise illegal foreigners over South Africans can also start packing. We will win this war," he said in another tweet.
A third one read: "You won't find South Africans in other countries dominating a city. We cannot surrender our country to foreign nationals."
News24 previously reported that Makhubela's X timeline was peppered throughout the years with comments about illegal foreigners. Still, the tweet pinned to the top of his timeline speaks about all foreigners, not just illegal foreigners.
"Attacks on illegal foreigners won't stop until gvt stops the take over of towns & townships by foreigners! government keeps wishing the problem away (sic)," he wrote on 21 February 2017.
A firefighter climbs a ladder as they extinguish a fire in an apartment block in Johannesburg.
Another tweet, from 24 March was made in response to a post from African National Congress secretary-general Fikile Mbalula about a Zimbabwean man telling the president to leave office.
It stated: "Secretary general, it is your party that has allowed these foreigners to run amok in this country! Please be decisive on foreigners, especially illegal ones."
Khampepe said impartiality was a cornerstone of fair and just proceedings and that an appearance of bias would impair the proceedings.