Maladministration in R82m Mayibuye school construction exposed

Public Protector Kholeka Gcaleka has found that normal procurement and supply chain procedures were not followed during the construction of Mayibuye Primary School in Gauteng.

A report by Gcaleka’s office implicated the Gauteng Department of Infrastructure Development (GDID) and the Gauteng Department of Education (GDE) in this failure.

The investigation comes after a complaint by Build One SA leader Mmusi Maimane on 16 September 2020.

Maimane had alleged that the GDID constructed the Mayibuye school on an old sewer line without conducting a wetland study.

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He also complained that the GDID spent R82 million on the construction of the school. However, at the time, the school had not been utilised as it could not obtain an occupancy certificate due to the dangerous terrain on which it was built.

The two departments improperly constructed Mayibuye Primary School on an old sewer line without conducting a wetland study, alleged Maimane.

A wetland investigation was conducted only after the school had been constructed. The investigation discovered an old sewer line that had been leaking for years.

Mayibuye delays

Gcaleka found various forms of maladministration, undue delays and irregularities which occurred during the construction of the school.

“The Contractor, Basic Blue/Nebavest, was appointed by GDID on 22 August 2015. But the PTO for the site was obtained from the landowner, City of Johannesburg Metropolitan Municipality (CoJ) on 22 September 2016, which was 13 months after the award of the contract or tender,” Gcaleka found.

“As a direct result of the delays, the GDID and GDE incurred Compensation Events (CEs) to the value of R10. 060,519,73 towards the contractor for standing time.”

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The GDE also amended the contract’s scope to include smart school requirements four days after the contractor was appointed.

These required additional funding from the Gauteng Provincial Treasury (GPT). It resulted in increased costs and further delays in getting approvals from the entity.

The handing over of the site to the contractor was also delayed as it only happened on 12 May 2017.

No collaboration

“Poor project management by the GDE and GDID resulted in their inability to identify shortcomings existing on site. These included the revision of the scope of the project by GDE to incorporate smart school’s requirements, diversion of sewer lines, and the encroaching properties on-site,” reads the report.

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“All the delays detailed above could have been avoided if both the functionaries of GDID and GDE collaborated and cooperated effectively about the permission to occupy the site and the availability of land to build the school before awarding the tender to the contractor.”

As a result of the lack of collaboration, undue delays ensued and both departments incurred cost overruns and expenditure prohibited in terms of the Public Finance Management Act (PFMA).

The Mayibuye Primary School was finally handed over to the community on 7 February 2024. This after the sewer was directed to go underground.

Remedies

The public protector has instructed the GDID to, within 60 days from the date of receipt of the report, provide the PPSA with a project plan indicating how and when the completion of the remaining external civil works will be finalised to ensure that Mayibuye Primary School is fully operational.

The education department has also been instructed to provide the relevant Treasury with a report on cost control measures for the construction of new primary and secondary schools and the provision of additional buildings at existing schools.

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This will enable the Treasury to interrogate costs overruns, project status, track expenditure trends and take necessary corrective action to ensure the full completion of Mayibuye Primary School project, said the public protector.

The public protector has also referred the report to the Auditor General of South Africa.