Durban – The controversial Delangokubona Business Forum says it was “set up” by major construction firms and property developers.
In an affidavit filed in the Durban High Court, director Sibusiso “Nathi” Mnyandu has denied claims made by the developers of an R8 billion residential and hotel resort project near Sibaya Casino that forum members threatened and intimidated workers.
Mnyandu said the developers had reneged on an agreement with the forum to give 40% of the work to local residents and contractors.
In November, Tongaat Hulett Developments, Vumani Civils CC, WK Construction SA and Water Blues Investments took the forum, and several others, to court. They obtained an interim interdict preventing them from threatening, intimidating or harassing their workers and are now seeking to have this made permanent.
But Mnyandu said in his affidavit: “This application is just a smokescreen to divert attention from the failure to implement the 40% local benefit policy.”
Vumani Civils CC site agent Lenny Ramghulam had said in his initial affidavit that at the end of October last year, Mnyandu came to the site with others, demanding details of the project and why, on his version, so few locals were employed.
Two weeks later, he said, the site was “invaded” by eight forum members. He said they insisted that 40% of the contract work be subcontracted to forum members, and 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”.
He said they were armed and insisted that work stop.
Mnyandu, however, denied that the site had been “invaded”. “There was no intimidation.”
Mnyandu conceded that forum members had approached workers on site.
“They wanted to confirm that none of the labourers or subcontractors were locals.”
Mnyandu said they met in the boardroom and that the mood had been “decent and calm”.
He also denied claims that forum member Gadafi Sibiya demanded that 40% of the work be subcontracted to the forum.
“An assertion was made that 40% of the work must benefit the local community,” Mnyandu said.
He said there was no intimidation. “Some members have licensed firearms that they carry, but never brandish or display them openly."
Mnyandu said the forum requested a meeting be held in his boardroom, at his office, but a representative of one of the developers “pleaded” that it be held on site.
“An attendance register was completed at the insistence of (Vumani Civils CC's and Tongaat Hulett Developments’) representative. It is now clear that the plea to meet on site and (have an) attendance register was a set-up to place us on the construction site and to make these false allegations,” Mnyandu said.
He said the developers had agreed to a proposal that 40% of the work on the project go to local residents and contractors. It was further agreed that work would stop until a “steering committee” had finalised its mandate, he said.
“The (developers) reneged on their agreement and instead brought this application prematurely to ‘bully’ the respondents,” Mnyandu said.
Ramghulam filed another, replying affidavit. “Certain allegations are made by (Mnyandu) which, on their own, justify the need for (the interim interdict) to be confirmed.”
These, he went on, appeared to be based on Mnyandu’s “misconception that the (forum) have a right or entitlement to be granted work on the (developers’) projects”.
Ramghulam said he saw certain forum members brandishing firearms. “No reason firearms should be brought to a meeting unless they were intended to intimidate."
He denied that an agreement was concluded whereby the local community would be given 40% of the work on the project or that it was agreed that work would stop. In any case, he said, the developers’ representative had no authority to conclude such an agreement.
The matter came before the Durban High Court briefly on Thursday, when the interim order was extended and the matter adjourned.