Durban - Major construction companies in KwaZulu-Natal are pushing to have the ringleaders of a Mafia-style business forum jailed for repeatedly shutting down big construction projects in return for a slice of the contract pie.
Esor Construction is leading the charge and obtained an urgent High Court interdict on Friday putting the controversial Delangokubona Business Forum and its leaders on terms.
They must come to court this Tuesday to say why they shouldn’t be held in contempt of court, fined R100000 and sent to jail for six months.
Esor, which is wrapping up a portion of the multibillion-rand Western Aqueduct project to boost the city’s water supply, says it became the latest victim of the forum’s “bully-boy intimidation tactics” last month.
The company, like many others in KZN in recent months, was forced to get a high court interdict restraining Delangokubona from interfering with work or workers on the Waterloo site.
But on Friday, less than a month later, the company was back before Durban High Court Judge Rashid Vahed obtaining the latest order against president Nathi Mnyandu and office-bearer Bonga Shongwe.
Esor’s attorney, Peter Barnard, who also represents other affected companies, said the forum appeared to have a sense of entitlement to work, as evidenced by their threats and ultimatums rather than business-oriented negotiations to obtain work.
He said it appealed to the large number of unemployed and represented an opportunity to obtain work, even if in an unlawful manner.
“We have done so many interdicts but they seem to just move on and target other contractors or work sites. This is the first time they have continued to cause problems when there was an interdict in place.
“We want the directors held accountable. We need to bring this issue to a head because we have to find a way to discourage this unlawful behaviour. It cannot carry on.”
Representatives of the forum, which is now part of a broader federation said to represent 60000 people wanting “radical economic transformation”, did not attend court on Friday.
Federation spokesman Robert Ndela said they would be there on Tuesday to defend themselves. “The key is to make a point that all must observe the rule of law. We hope to reach some common ground with Esor,” he said.
The application related to an incident at the firm’s head office in Kloof which, Esor chief executive Wessel van Zyl said in his affidavit, appeared to be a new tactic to target headquarters rather than construction sites and “it was time for severe action”.
Thembeka Gumede, who works in human resources, said in her affidavit that two men had arrived at their offices on Wednesday, saying they were Gaddafi Sibiya and Sboniso Mpilo.
As proof that they represented the forum, the pair handed her an organogram indicating names and cellphone numbers. They asked to see the HR manager and began “yelling” when told she was not there.
During the exchange, Sibiya accused the HR manager of “ siding with white people”, saying he would have slapped her if she was there.
“I had heard stories about the forum. I wanted to take out my phone and record them but was terrified. He demanded a meeting with management on Monday and said if it did not take place, the forum would stop all of Esor’s work and not let any further work take place until their demands were met.
“He said blood would be spilt, people would be shot and white people had to learn they were not be to be taken lightly.”
Gumede said that during all of this she sat quietly and tried not to make eye contact.
In recent months Elias Mechanicos, Group Five, Liviero, Umlazi Mega City, GVK Siya-zama and CV Projects have all been targeted, and most have obtained interdicts.
In one matter, it was alleged by Group Five that the forum had threatened to mobilise a mob of 500 to riot outside a Kingsway private hospital in aManzimtoti.
The forum is also accused of shutting down three building sites through “armed invasions” delaying an R8 billion residential and resort project near Sibaya Casino.
In that matter it was alleged that it was demanding 40 percent of work in the project and also in the bigger R50 bn, 20-year plan for the area.