Durban - The Delangokubona Business Forum will oppose the finalisation of all interdicts granted against it and believes that a judge will rule in its favour.
“We are off to see our lawyers now,” spokesman Mthokozisi Mhlophe told journalists on Thursday.
Mhlophe, chairman Nathi Mnyandu and other members of the forum - which is accused of aggressively taking over construction sites, demanding jobs and some of the profits - gathered near the Springfield Park site where Elias Mechanicos Building is constructing a R140 million city fleet facility. After being told that the company had secured an interdict against them, they remained across the road, promising, however, that they would be back on another day.
The company, in its urgent high court application, alleged that 15 to 20 forum members stormed on to the site on Monday and demanded in-formation about the contract and a meeting with the management at 7.30am on Thursday.
As they left they said if their demands were not met - which included that 10% of the contract value be subcontracted to them - they would “shut the site down”. So far the forum has at least four interdicts against the forum, including one brought by eThekwini municipal manager S’bu Sithole, who has labelled the forum “thugs”.
But Mhlophe said they were simply trying to “enforce compliance with the law”.
“South Africa has a constitution and policies which dictate the way to participate in any project... including that emerging contractors should be given a certain stake.
“The municipality and construction companies are not taking these seriously. We have decided to take a stand... we are not using violent means. We go to sites and make appointments to meet senior company officials so we can discuss compliance.”
Of allegations of intimidation and aggression, Mhlophe said: “The mindset of a person can dictate if they feel threatened. We are a group of 15 or 18 and we are speaking to two people. Perhaps they feel intimidated, but we do not use violence.”
He said the forum had been “on this journey” for two years and negotiated with the management at many sites “and had made agreements with different companies”.
“We believe when we put forward our case in court we will get a decision favourable to us,” Mhlophe said.
Apart from getting the interdict, Elias Mechanicos Building also engaged private security to protect the site and a police officer was present on Thursday.
Some members of the local ward 25 community protested outside the gate.
In terms of the contract, the company has to employ a percentage of its workforce from the community.
The company’s managing director, Elias Mechanicos, told The Mercury this week that the company complied with this, and currently employed about 45 local people.
Some of the protesters alleged it was hiring “foreigners”.
The company’s attorney Peter Barnard, who was also at the site on Thursday morning, said: “The attendance at site by Delangokubona representatives was not unsurprising. It was good to see the SAPS there to ensure that they could not gain access. It’s important to show that court orders are effective.
“Contractors cannot afford to be victims of threats and intimidation. The courts are there to assist in providing effective relief, and the police are there to enforce it.”
The Mercury