Wilfred Cilliers, local building contractor and Christian minister in Ward 17, Portland
I am absolutely disgusted with the continued exploitation taking place at the City of Cape Town project.
The main contractor, H&I Construction was featured in the Plainsman in May last year during a worker's strike for exactly the same unfair labour practices (“MyCiti depot construction halted” May 24, 2023).
The City of Cape Town did not respond, citing that proper written complaints or grievances were not submitted to the City or the main contractor.
I started the process by submitting a complaint to the CLO Kashiefa Reagan and followed it up with various other grievances (which were sent to Plainsman).
When I didn't get any response I escalated it to my ward councillor and both sub-council chairpersons as well as the sub-council manager. When I didn't get any response after 30 days I escalated it to the office of the mayor and eventually to the office of the premier who in turn referred the matter to the mayor's office. To date I still haven't received any correspondence other than an automated response from the Mayor's office acknowledging my correspondence and promising a response.
It has been three months since my initial complaint. In my correspondence I outline the impact these atrocious deeds have on a community where projects of this kind are a beacon of hope to an already marginalised and deprived community. Targets for local labour employment are way off and sub-contractors are paid mere peanuts.
Meanwhile, things are continuing at the same trend after all the above mentioned government officials were duly informed about the recurring actions which led to the strike in the first instance. This is happening in one of the biggest non white DA voting districts in the Western Cape in a DA led municipality where inequality is even worse than in pre-democratic South Africa.
These politicians and government officials must be held accountable. White businesses are still getting all the big contracts in the city and exploit our people financially in order to maximise profits. In the meantime these heinous deeds are swept under the carpet and everyone goes on business as usual.
Sadly none of the local councillors have the courage, integrity or character to speak out against or address these unrighteous practices against the very people who voted them into power.
Inequality is the highest in our country than anywhere else in the world. The economic power still resides with the white minority and they are making sure it stays that way, while we are too cowardly to act against what is happening right in our midst in our own backyard.
We can confirm that Mr Cilliers was sub-contracted to Viva Formwork, who in turn is sub-contracted to H&I for formwork on the IRT Depots project.
Mr Cilliers could not sub-contract directly to H&I as he does not have the capacity to design the temporary works as required by the contract.
It is important to state upfront that the City cannot and does not get involved in contractor or sub-contractor rates and contract negotiations or agreements.
All sub-contractor or sub-subcontractor grievances must be directed to the main contractor or sub-contractor. It is each contractor’s, at all levels, responsibility to ensure that all labour on the site is remunerated in accordance with legislated labour rates, which is dependent on the type and level of labour skill provided.
The IRT Depot Project must adhere to the EPWP principles in creating opportunities on various platforms i.e. labour, enterprises, suppliers, and clause 3.5.2.1 of the tender document clearly indicates that the project is “in support of EPWP”.
Considering the above, it can therefore be relied upon that payment of EPWP rates, especially for labour employment opportunities can be imposed. An assessment of the information provided by H&I to our empowerment consultant on a monthly basis is that sub-contractor rates are closer to the EPWP margins than that of Building Industry Bargaining Council.
H&I do not pay sub-contractors EPWP rates but market related rates for work completed per m2, m3 or linear meter etc. It is therefore each sub-contractor’s responsibility to manage their workforce productively to be able to pay their labour in accordance with legislated rates. H&I pays their direct labour according to BIBC rates.