Durban - The developers of an R8-billion residential and hotel resort project near Sibaya Casino dashed to court on Tuesday to get an interdict against various “business forums” whose members have reportedly shut down three construction sites through “armed invasions”.
They are demanding that they be given 40% of the work not only in this project, but also in the bigger, R50-billion, 20-year plan for the area.
But the forums cited in the court papers, which came before acting Durban High Court Judge Bongani Mngadi on Tuesday, say the allegations of violence and intimidation against them were not true and that shutting down the sites was a last resort.
They say they had now formed a “federation” comprising 11 forums with up to 60 000 members.
Spokesman Robert Ndlela told The Mercury outside court, that the Sibaya project near the King Shaka International Airport was “massive” and yet the African majority was largely excluded from it.
“We distance ourselves from and condemn any violence, we are professionals and deal with things in a civil way. We have a code of conduct. We stand for radical economic transformation,” he said.
But affidavits in the urgent application launched by Tongaat Hulett Developments, contractors Vumani Civils and WK Construction and property developers Water Blues Investments painted a different picture of events over the past few weeks.
Vumani site agent Lenny Rumghulam said the modus operandi of the forums, particularly the Delangokubona Business Forum, was well known and “we are their latest victims”.
He said all contractors hired to work on the project followed protocols promoting opportunity for community upliftment and skills development. The first sign of trouble was at the end of October when Nathi Mnyandu, the “president” of Delangokubona, came on to site with others, demanding details of the project and why, on his version, so few locals were employed.
Two weeks later the site was “invaded” by eight members of the forum. “They were talking over each other, yelling, and I felt very intimidated,” Rumghulam said.
He said they insisted that 40% of the contract work be sub-contracted to forum members and “it was clear to me this was not a friendly request, but a demand”.
The following day a fleet of 15 vehicles arrived and 50 people got out, “barging through the site gate and cramming into the site office”.
“A substantial number were armed with firearms and they insisted that work stop. One lifted me out of my chair and pinned me to the wall,” he said.
They said there would be no more work on site until a meeting was arranged with the managing director of Tongaat Hullet and the mayor “to get negotiations under way”. Rumghulam said the forums wanted 40% of the sub-contracting work awarded to them not only in the R8-billion project, but also the overall R50-billion project.
There were similar occurrences on sites run by WK Construction, the contractor appointed to install bulk sewage and water services.
At one site close to the M4, several armed individuals had threatened workers, giving them five minutes to leave.
At another site, 15 vehicles arrived, one occupant announcing: “Everyone must pack up and go. We do not want to see anyone on site except for security guards. I am not going to allow anyone to work on site until we have reached an agreement with Tongaat Hullet Developments about our involvement in the project.”
Rumghulam said while construction had not yet begun on Water Blues Investment’s 270 apartments, members of the forums had prevented the off-loading of a mobile crane.
“Their conduct speaks for itself. They are seriously jeopardising our business operations, shutting down sites through intimidation and threats.
“Any delay will result in significant losses, with a lost opportunity to the local economy of about R21 million a day,” he said.
Judge Mngadi granted an interim interdict and the forums were given until next month to file opposing papers.
The Mercury