EKURHULENI – The Public Protector’s office released an investigative report titled “The Cost of Disempowerment”, detailing their investigation into allegations of unlawful withholding of payment and bias by the Ekurhuleni Metropolitan Municipality.
The complainant, Mr MJ Skhosana, of Skhomajo Building Contractors, asked that the city manager provide remedy and reason behind the non-payment of R110 000, after the completion of a construction project valued at R342 000, 00.
Skhosana alleged that, following the completion of the contract to build and upgrade the caretaker’s quarters and storerooms at Sinaba Stadium, in Daveyton, the EMM did not pay the full contracted amount owed to him.
He further alleged that the non-payment left him financially crippled and unable to recover his business.
The report details the investigation carried out and recommendations for the city to follow. The initial investigation, begun in 2001, was suspended after a settlement agreement was reportedly reached.
The Public Protector carried out a factual investigation, based on information given by both parties and independently sourced facts, after it was found that a settlement had not been reached. The level of animosity between them was cited as an obstacle to obtaining full and relevant information on the case.
The Public Protector found that the city council accepted the proposed tender from the complainant even though it contained a number of administrative deficiencies, and awarded the tender without querying or raising concerns about the gaps in documentation.
Furthermore, it was stated in the report that the amount that was withheld was three times greater than proposed contingencies and that there was no indication of how the council had calculated the amount they decided to keep back.
The office of the Public Protector found that the city’s actions “fell far short of the measures and standards required by the Government’s strategy and policies…”
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