eThekwini was told to take legal action against Moses Mabhida Stadium constructors
Durban - Philani Mavundla, the former deputy mayor of eThekwini Municipality, had advised the council’s executive committee to take legal action against the subcontracted companies responsible for the construction of the Moses Mabhida Stadium, which has cost the city millions of rands to repair.
The 2010 Fifa World Cup facility is undergoing structural repair which has so far cost about R60 million, according to mayor Mxolisi Kaunda.
Mavundla, who was also chairperson of the human settlements and infrastructure committee before being removed in December, wrote a letter to the executive committee in July advising officials to institute legal action against the construction companies.
He said this was after the City of Cape Town settled a multimillion-rand civil case against three companies, Wilson Bayly Holmes-Ovcon (WBHO), Stefanutti Stocks, Murray & Roberts, and Group Five, which were responsible for the construction of the Cape Town stadium, which was also used for the World Cup.
The companies were found to have colluded to inflate prices which saw the initial construction budget, estimated at R2.9billion, balloon to R4.5bn. The settlement included a payment of R31.3m by each contractor over the next three years. Moses Mabhida was said to have cost R3.4bn.
It was designed and operated by AECOM, an American construction engineering company. WBHO was a general contractor among other companies. The BKS, Sclaich Bergermann & Partners, Goba and PD Naidoo & Associates were responsible for the engineering consultancy.
In a letter dated July 5, 2022, addressed to the city manager, Musa Mbhele and the executive committee, Mavundla stated that it was a fact that a “construction mafia” colluded in the bid-rigging process regarding the Moses Mabhida Stadium, and said he was of the view that monies should be recovered with additional interest charged.
“The construction mafia has robbed the people of eThekwini, they have stolen the people’s monies. It must be asked: are these companies still conducting business with the municipality? If the city has entered into an agreement with any construction company pertaining to collusion in the stadia contracts, I must advise that I am not privy to any such information, and would like to be informed accordingly.
In the event the City has entered into any agreement with the construction companies involved with the 2010 Fifa Soccer World Cup stadia construction and other projects, we must request the council to test the legality of this agreement and make reference to the constitutional rights of the ratepayers of eThekwini,” he wrote in the letter.
Mavundla further revealed that he was aware of the serious structural defects of the stadium, which he believed were a result of poor workmanship. Part of the stadium has been demolished after the engineers found cracks that needed urgent attention.
The municipality has not yet responded to the questions regarding the repairs and the state of the stadium. Mluleki Mntungwa, mayoral spokesperson, did not respond to the questions about Mavundla’s letter and whether the city was considering legal action against the contractors.
Instead, Mntungwa re-sent the statement issued by the municipality last week stating that the stadium was fit to host events despite major repairs.
WBHO, BKS, Sclaich Bergermann & Partners, Goba and PD Naidoo & Associates could not be reached at the time of publication.
Meanwhile, Tami Xuma, chairperson of the Municipal Public Account Committee (MPAC) has requested the Moses Mabhida Stadium management appear before the committee and explain the issues around the stadium. The MPAC is responsible for oversight over the executive functionaries of the council to ensure good governance in the municipality and its entities.
Xuma said they were surprised to read about the stadium repairs after the management had told the committee that all was well in the stadium in November.
Xuma said the management only spoke about the Sky Car which had been faulty since 2017 as an issue in the stadium. He has since conducted an oversight to check the repairs.
“In November, the management of the stadium told the MPAC that all was well at Mabhida. We have called them before the committee but they have not responded to us. We are not aware of any money used for the repairs in Mabhida. We hope that the management comes before the committee and will be able to present all the reports, including the financials, because what I saw is different from what we were told in November,” he said.
Vusi Mazibuko, Moses Mabhida Stadium manager said they would appear before the MPAC next week Thursday where they will answer all the questions. He said the municipality had issued a statement to respond to all queries related to the stadium.
SUNDAY TRIBUNE