The Special Investigating Unit (SIU) will file a civil lawsuit against the City of Cape Town about the temporary homeless persons’ shelter it erected in Strandfontein in 2020.
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In a parliamentary question written to Justice and Correctional Services Minister Ronald Lamola, Good Party MP Brett Herron asked about progress being made by the SIU regarding the instruction to the State Attorney after it found irregularities in the establishment of the shelter.
Lamola says the SIU briefed the office of the State Attorney, who then briefed a suitable senior counsel on 5 November 2022. ‘Papers have been drafted and the institution of civil proceedings is imminent. Whereas the SIU is currently involved in discussions with the City’s attorneys regarding certain technical issues pertaining to the proceedings, this will not preclude the institution of the proceedings.’
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The City was reportedly aware of the proposed litigation by the SIU. The City stated that the parties were cooperating with each other and that court papers have not been served yet.
IOL reports that the probe into the Strandfontein shelter was ignited after Herron lodged a complaint in August 2020 on alleged irregularities with the establishment thereof. These irregularities comprised the awarding of contracts valued at R52.8 million, including R48.4 million from the Disaster Risk Management Department for tents, ablution facilities, law enforcement and security, and R4.4 million for meals and the management for the Department of Social Development.
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As per the SIU report, the City awarded seven contracts to four service providers valued at R46 468 771. These are:
- Downing Marquee Hiring,
- Haven Night Shelter,
- Oasis Reach, and
- Ubuntu Circle of Courage.
It was found that the procurement process for sourcing items and services from Downing Marquee Hiring was irregular and should be set aside. ‘The City failed to test the market in circumstances where it was obliged to do so but merely accepted the quotation submitted by the service provider concerned. As such, the procurement process was not fair, transparent, equitable or cost-effective.’
The SIU also found that the City failed to follow proper procurement processes, which resulted in irregular expenditure to the tune of R42 293 285.
To this end, Herron questioned whether the SIU informed the City that the expenditure was regarded as irregular and that the service provider profited excessively. In response, Lamola said that the City and its attorneys were aware of the SIU’s findings.
Tauriq Jenkins, a human rights monitor and member of the independent task team (which comprises medical health, legal, social services, gender experts, and civil society), says the civil action taken against the City is a step in the right direction.
‘I am glad to learn that papers have been drafted for intended civil action to be taken. What happened at that site was an annihilation of any set of principles and a gross violation of human rights. The set-up of the entire set was very securitised and was more about what was being procured for the site, instead of the human bodies that were there that needed a humanitarian response.
‘People were taken off the street and placed in these tent structures that would not even qualify for the basic curbing of tuberculosis spreading due to the lack of ventilation, and there was no social distancing whatsoever. It was incredible that was happening with so many concerns.’
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Picture: Screenshot of video by City of Cape Town / Facebook