The Special Investigating Unit (SIU) will be instituting civil litigation in connection with the City’s establishment of a temporary homeless persons' shelter in Strandfontein three years ago.
This was revealed by Justice and Correctional Services Minister Ronald Lamola when he responded to parliamentary questions from Good Party MP Brett Herron.
Herron wrote to Lamola enquiring about the progress being made by the SIU regarding instructions to the State Attorney, after the anti-corruption body found irregularities in the establishment of the shelter.
In his response, Lamola said the SIU briefed the Office of the State Attorney, who in turn briefed a suitable senior counsel on November 25, 2022.
“Papers have been drafted and the institution of civil proceedings is imminent,” Lamola said.
“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,” he said.
The City said it was aware of the proposed litigation by the SIU and that the parties were cooperating fully with each other.
It also said the court papers have not been served as yet.
The probe into the Strandfontein shelter was sparked by a complaint lodged by Herron in August 2020 on alleged irregularities with the establishment of the shelter.
These included the awarding of contracts to the value of R52.8 million, which involved R48.4m from the Disaster Risk Management Department for tents, toilets, law enforcement and security, as well as R4.4m for meals and management for the Department of Social Development.
According to the SIU report, the City awarded seven contracts to four service providers - Downing Marquee Hiring, Haven Night Shelter, Oasis Reach and Ubuntu Circle of Courage to the tune of R46 468 771.
The probe found that the procurement process followed in sourcing various 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 had also found that the City’s failure to follow a proper procurement process resulted in R42 293 285 in irregular expenditure and that the service provider profited excessively to the detriment of the City.
In his questions to Lamola, Herron asked whether the SIU informed the City that the expenditure was regarded as irregular, and that the service provider profited excessively.
Lamola said the City and its attorneys were aware of the SIU’s findings.
The SIU could not be reached for comment.
Meanwhile, human rights monitor Tauriq Jenkins, who was a member of the independent task team comprising medical health, legal, social services, gender experts, and civil society invited by the SA Human Rights Commission to report on the relocation camp in Strandfontein, said it was a step in the right direction as civil action needed to be taken against the City.
“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,” said Jenkins.
*This story has been updated to reflect the City of Cape Town’s response.
Cape Times