A day after being left out of the Gauteng coalition government, the official opposition DA threw the first salvo.
The party accused the ANC-led Gauteng government of backtracking on its decision to hold a formal inquiry into the shoddy workmanship at the Mayibuye Primary School in Tembisa.
The party’s MPL for infrastructure development, Alan Fuchs, raised the matter.
“This means that officials who are responsible for squandering taxpayers’ money will not be held to account,” he said.
“This is despite receiving approval from the speaker of the Gauteng Provincial Legislature (GPL) for the inquiry to be held. [It] is a clear indication that the government is undermining the institution that has a mandate to protect the interests of Gauteng residents,” he said.
Public Protector made damning findings on the project
Public Protector Adv. Kholeka Gcaleka found that there were various forms of maladministration. She also found undue delays and irregularities during the construction of Mayibuye Primary School. The Gauteng Department of Infrastructure and Development (GDID) and the Gauteng Department of Education (GDE) were blamed for the delays.
Gcaleka said the allegation made against the functionaries of the GDID and GDE is substantiated. Allegations were that they did not comply with the applicable legal prescripts and procedures. These procedures regulate procurement or supply chain management processes during the construction of Mayibuye Primary School
She released the report on Sunday after investigating a complaint lodged by Mmusi Maimane in 2020. The complaint was that the GDID constructed the new Mayibuye Primary School in Rabie Ridge, Midrand, on an old sewer line. The construction was carried out without conducting a wetland study.
Maimane also fingered the provincial department of infrastructure and development and the Gauteng education department. The then DA leader said they spent more than R82-million on an incomplete project at the time.
He said the GDID spent R82-million on the construction of the school equipped to cater for 1,200 primary school pupils. However, the school did not obtain an occupancy certificate at the time the complaint was lodged. This was due to the dangerous terrain on which it was built.
Maladministration, undue delays, and irregularities
Gcaleka said the investigation revealed various forms of maladministration, undue delays, and irregularities. These occurred during the construction of the school.
They include the contractor Basic Blue/Nebavest, who was appointed by GDID on August 22 2015. But the permission to occupy the site was obtained from the landowner, City of Johannesburg Metropolitan Municipality (CoJ). It was obtained on September 22 2016, which was 13 months after the award of the contract or tender.
“The GDE amended the scope of the contract four days after the contractor was appointed. It was to include amongst other things, smart school requirements. These required additional funding from the Gauteng provincial treasury. [They] resulted in increased costs and further delays to get approvals from the relevant Gauteng provincial treasury.”
Gcaleka found that the handing over of the site to the contractor was also unduly delayed. It only happened on May 12 2017.
“As a direct result of the delays, the GDID and GDE incurred compensation events (CEs) to the value of R10 060 519, 73. This cost was towards the contractor for ‘standing time’.
“Poor project management by the GDE and GDID resulted in their inability to identify shortcomings on the site. [These are] such as the revision of the scope of the project by the GDE to incorporate smart school’s requirements. Also the diversion of sewer lines and the encroaching properties on site,” said Gcaleka.
Gauteng govt, infrastructure department fingered
Gcaleka found that Gauteng education and infrastructure and development departments failed in their mandates. These were to ensure that undue delays experienced in this project are prevented or avoided. This through proper planning and project management by coordinating their actions through coherent governance. Also consultation with one another and cooperation as contemplated in Section 41(1) of the Constitution.
Gcaleka made recommendations to the head of the provincial infrastructure and development department. He was to within 60 days from the date of receipt of this report, provide the public protector with a project plan. The plan is in accordance with the MEC’s bilateral meeting convened on January 25 2024. There, an executive decision was reached that GDID will only implement the external civil works.
