‘I’d rather go to jail than fix school toilets,’ says businessman

An Eastern Cape businessman says he would rather go to jail than fix the pit latrines he built for four rural schools and then tore down, over a payment dispute with the state-appointed contractor that hired him.

“I am willing to go to jail for my rights,” a defiant Jerry Sifanele, the managing director of Siyaphambili Trading, told The Citizen on Friday.

He was speaking after the Eastern Cape High Court earlier this week ordered Sifanele to repair the latrines within 20 days, with the threat of being held in contempt of court – and sentenced to six months in prison – looming.

The case came before the court last year, after tensions between Sifanele and the contractor peaked and he padlocked the latrines. He would not disclose exactly how much money was involved but said it was “a lot of money, millions”.

“They didn’t want to pay me and I had been trying to pursue payment but in vain, so I took a decision to go to the toilets and lock them,” he said.

This prompted the department of education to step in. Last June it secured an interdict against Sifanele. It also secured an order holding him in contempt of court and sentencing him to six months in prison. The latter was, however, suspended on condition Sifanele unlocked the latrines – which he did.

But then, following the early closure of schools due to the Covid-19 pandemic earlier this year, Sifanele returned to the schools and dismantled the latrines.

This, he said, after the contractor had continued to withhold payment.

The department again went to court and Judge Nomathamsanqa Beshe was scathing of Sifanele’s chosen course of action when she handed down the ensuing order this week.

“They may well have a claim, valid or otherwise, against some party … that hardly bestows them a right to take the law into their hands, to resort to self-help. Through their actions, the ablution facilities of at least three of the schools have been rendered not to conform with the standard required of ablution facilities for the re-opening of a school in light of a raging Covid-19 pandemic that is besetting the world. Obviously, if the schools cannot reopen, the pupils cannot go to school,” the judge said.

“This raging pandemic has exacerbated matters. It requires that we observe high standards of cleanliness and hygiene. Besides the pandemic, the best interest of the children – which are paramount – dictate that their rights to education and dignity be safe-guarded,” she said.

Next month, the court will hear another application to have Sifanele held in contempt of court again and jailed this time.

Regardless, he yesterday had no intention of complying with the order handed down.

“What about my kids? If I don’t get paid, my kids can’t go to school because I can’t pay their fees,” he said. “I want to take it on appeal but I don’t have money. This has had a massive impact on my personal finances.”

Speaking to the broader issue of school sanitation, Equal Education said yesterday that widespread challenges still persisted – especially in the Eastern Cape.

It said according to the latest National Education Infrastructure Management System (NEIMS) report, in 2019 there were still 1 587 schools that had only plain (as opposed to ventilated) pit latrines.

This despite plain pit latrines being banned.

“According to a presentation by Head of Department Themba Kojana, to the Eastern Cape Legislature, at the end of last month, there are still 1 107 Eastern Cape schools where learners and staff have access to only plain pit latrines as a form of toilet,” the movement’s Leanne Jansen-Thomas and Roné McFarlane said in a joint statement.

“It is devastating that seven years after plain pit toilets were banned from schools, so many learners and staff continue to be subjected to toilets that undermine their dignity and threaten their safety. The current pandemic has only served to highlight the urgency with which this issue must be addressed.”.

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