Building contract disputes a blow to thousands of pupils

Thousands of Eastern Cape pupils at 28 schools across districts are still without safe classrooms and hostels. 

In 24 cases, contractors were ordered to leave sites because they had performed poorly or were embroiled in contractual disputes.

This was according to a scathing report tabled at the Bhisho legislature yesterday.

One of the worst cases involved Port Elizabeth’s Kaizer Ngxwala Primary in Kwazakhele township, where a construction company awarded a R6-million contract to build classrooms has stalled operations.

The Daily Dispatch reported last month that the provincial department of roads and public works (DRPW) was at loggerheads with contractor My Pride Smile Africa, resulting in the termination of the contract.

Yesterday, My Pride Smile Africa owner Sikumbule Mqomboti blamed the department for causing delays, and said he was taking legal action.

Department spokesman Mphumzi Zuzile said due to poor performance by the contractor, the project was terminated.

“Later the contractor challenged the termination in court. DRPW was advised by the state attorney not to appoint a completion contractor until the matter was resolved.”

Zuzile said other schools mentioned in the report fell under the Independent Development Trust (IDT).

IDT spokeswoman Thabisile Dhlomo said she would only be able to respond to questions tomorrow. Eastern Cape education spokesman Malibongwe Mtima said the department would only be able to respond today.

Another school affected by a contractual dispute was King Sabata Dalindyebo Technical Vocational Education and Training college.

College principal Zola Ndodana confirmed that two residences were still incomplete.

However, Ndodana said there were processes under way to resume the project because the college had been transferred to the Department of Higher Education and Training.

Eastern Cape education portfolio committee chairman Fundile Gade said the committee would demand to see the contracts between the department and contractors.

“There are huge amounts of money involved and there is an element of criminality involved. There needs to be some form of recourse for the province.

“These contractors cannot just be blacklisted. Legal action has to be taken against them.”

Gade said the department would have to develop a detailed plan on how it would recoup the funds, as well as retrieve the R530-million infrastructure grant taken back by the national Treasury due to underspending.

DA MPL Edmund van Vuuren said a lot of the funds had not been recovered from contractors. He said there was a lack of monitoring by education officials.

UDM MPL Thando Mpulu said the education department had no control over the awarding of contracts by implementing agents.

“There are issues around capacity and accountability. The current model is not proper.

“We have been saying that the public works department must be capacitated or a special purpose vehicle must be set up.”