In a shocking display of mismanagement, the R1-billion Mbombela High Court in Mpumalanga left judges, lawyers, litigants, and staff scrambling for relief – and not the legal kind.
The building’s ablution facilities were out of service for months, forcing occupants to endure the indignity of blitzing out of the-state-of-the-art premises each time they wanted to answer the call of nature.
For over a week, the Departments of Justice, Labour, and Public Works dodged our enquiries surrounding a prohibition notice, which led to the gates of the court building being closed due to safety concerns.
Apart from the dysfunctional khazis, inspectors also ci-ted issues ranging from poor ventilation and roof leaks to lack of a final occupancy certificate, among the reasons that resulted in declaring parts of the building unfit for human occupation.
Mbombela Local Municipality spokesperson Joseph Ngala confirmed the reason of the temporary closure. “The owner (Department of Public Works and Infrastructure) failed to carry out regular maintenance on the building for the past five years. This included dysfunctional toilets, poor ventilation and other critical issues,” he said.
The Department of Labour intervened with a legal notice on October 23, declaring the building unfit for occupation.
Despite this, Ngala assured that progress has been made.
“Toilets have already been restored to working condition, and the air-conditioning system is being repaired.
“A service provider for ceiling and roof leaks will be appointed soon.”
According to the Independent Development Trust (IDT), which oversaw the construction of the court, the project began on September 9, 2013, and reached completion on August 11, 2021. The total cost, including construction and professional fees, amounted to R1.05-billion.
“The IDT was entrusted with the construction of the post-apartheid high court,” said IDT spokesperson Phasha Makgolane. “Before the construction, residents in the province had to incur huge costs to travel to Gauteng to access high court services.”
Despite its lofty ambitions, the project has been plagued by financial mismanagement and legal disputes. The court was initially built at a contract value of R613,023,400.64, awarded to Group Five Construction. However, costs ballooned to R964,867,144.89 following variation orders and extensions of time, with practical completion only achieved on May 3, 2019.
The IDT was forced to withhold more than R1-million from Group Five, citing unresolved structural defects. Group Five countered with a demand for R1.7-million in unpaid fees, but its claim was dismissed by the Johannesburg High Court.
Judge Mokate Noko noted that the final completion certificate submitted by Group Five still listed numerous defects.
While construction delays drained resources, a glaring lack of maintenance further eroded the building’s functionality. Air-conditioning systems failed, ceilings leaked and ventilation was compromised, ultimately forcing the Department of Labour to intervene.
Ngala, addressing the issue of the temporary occupation certificate, said: “IDT applied for an extension of the temporary certificate, which expired on 31 July 2019. The request is still under consideration.”
Public Works spokesperson James de Villiers told Sunday World the minister was waiting for a report on the issues of the court.
