Media statement: Response to reports on social media platforms

The Municipality has learnt with concern - the news that is doing rounds in various media platforms. Some of the platforms include social media such as Twitter and TikTok. Other reports are carried in print media, peddled by members of the opposition parties. 

These video clips and newspaper articles paint a gloomy picture about the R1,2 billion funding received from the fiscus in order to restore and rehabilitate infrastructure that was damaged by floods in the recent past.

In the video clips a Mr. Zulu and a Mr. Zungu accuse the municipal leadership and officials of KwaDukuza Municipality of supporting the main contractor who does not want to pay Mr. Zungu’s share of the subcontract on one of the projects in Darnall, Ward 02.

They contend that the main contractor has rehabilitation projects to the value of R27 million, including one in Ward 02. In this regard, they allege that the main contractor owns most of the companies that have been awarded contracts for the restoration and rehabilitation of infrastructure. According to them the leadership of KwaDukuza Municipality has also deployed the National Intervention Unit to deal with them. 

They allege that the Mayor and the Municipal Manager have secured the services of hitmen to eliminate the two gentlemen which is a complete fallacy as KwaDukuza has no authority over the operations of the National Investigating Unit. 

With regard to the issue of the relationship between Mr. Zungu and the main contractor, KwaDukuza Municipality would like to state that at this stage there is no subcontracting that has happened in terms of the framework drawn up by the Municipality. The policy of the Municipality is that the main contractor, if awarded a contract above R4 million, will allocate 30%-45% to local contractors. In the case of a bridge, which is a specialized project, this happens at a very late stage, not at this early stage when the contractor is setting up the pillars/foundation of the bridge. Only specialists participate at this phase of the project.

It must be noted that the Municipality does not interfere with the appointment of subcontractors (those who fall within the 70% subcontracting category) by the main contractors because the Municipality has a contract with the main contractor. The Municipality only gives a framework to the main contractor who advertises, evaluates and adjudicates in order to appoint subcontractors. If there is failure in performance, only the main contractor, who is contracted to the Municipality, will be held accountable.

At this stage of the project only subcontractors who come as part of the 70% subcontract can be appointed because of the service required for this stage of the project. In the case of Mr. Zungu, he supplied the main contractor with the plant. The main contractor, and by Mr. Zungu’s admission, gets this subcontractor through his/her own means without consulting the Municipality.

The situation between Mr. Zungu and the main contractor has nothing to do with KwaDukuza Municipality and its leadership.

On the allegation that the main contractor has rehabilitation work to the value of R27 million, including rehabilitation work in Ward 02 the Municipality would like to state that there is no other work that was awarded to the main contractor in Ward 02. Neither is the Municipality aware of the rehabilitation work awarded to the main contractor to the value of R27 million nor the claimed multiplicity of companies where the main contractor has an interest of one kind another. Having said so, we hope that the two gentlemen know that the burden of proof lies on the accuser. Accordingly, they are invited to produce evidence that will assist the Municipality to deal with any malfeasance, should it exist.

It is public knowledge that KwaDukuza Municipality has no authority over the National Investigating Unit. 

To suggest that the leadership of the Municipality has deployed this Unit to deal with the situation in the Hullett Bridge is to overstretch the imagination. The allegation that the Mayor and Municipal Manager have secured the services of hitmen in order to remove the two gentlemen “for talking the truth” is taken in a very serious light. The two gentlemen must do what others have done before - approach the law enforcement agencies so that perpetrators can be brought to book. They must do so fully aware that the burden of proof rests on the shoulders of the plaintiff.

In a separate and unrelated incident, the two gentlemen are seen confronting Municipal staff who went out to undertake a multi-disciplinary business compliance programme which forms part of a resolution of Council (Masakhane Campaign). They allege that an amount of R200,000 was stolen by Municipal staff who entered the business premises, unannounced and unaccompanied by law enforcement agencies. They further allege that this is done as revenge because Mr. Zulu, the owner of the establishment supports Mr. Zungu in his quest for justice against the Municipality and the main contractor.

The Masakhane Campaign was conceived and adopted by Council as a strategy to deal with illegal connections, food safety, business compliance, illegal immigrants, etc. Darnall in Ward 02 was the last area to be visited by the multi-disciplinary team having different areas of KwaDukuza. Again, for the two gentlemen to claim they were the target of the campaign is to overstretch their imagination. 

What the multi-disciplinary team discovered at the business premises is that access to the premises was given by the employees in the establishment. There is no business license to operate a Bed and Breakfast. Electricity meter was found to be bypassed.

KwaDukuza Municipality appreciates the rights that individuals enjoy under the Constitution and statutes of the Republic. However, such rights must be exercised responsibly, without tarnishing the image of government on baseless grounds. We will continue to enforce the law, even if it means attracting criticism from keyboard warriors who derive pleasure in peddling all manner of falsehoods through their social media channels.

Ends

Enquiries: Sifiso Zulu (Mr.) | Director: Communications & Marketing | 076 129 8050 | sisfisoz@kwadukuza.gov.za

For interviews with the mayor: Mr. Sphe Ngobese (Mr.) Manager: IGR & Protocol | 073 784 7822 | sphelelon@kwadukuza.gov.za

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