GRAAFF-REINET NEWS - The systematic ransacking of municipal property at the hands of criminal elements has been a matter of ongoing concern. 

This raises serious questions around the Service Level Agreement for security guarding entered into between the Dr Beyers Naude Local Municipality (DBNLM) and Gap Management (Pty) Ltd on 7 June 2018, particularly since many incidents occurred while security guards were posted to safeguard the properties.

Grand scale vandalism

In 2019, Graaff-Reinet Advertiser reported on the dilapidated state of the Collie Koeberg Sports Stadium. Fencing around the stadium was destroyed, doors hung off their hinges and windows were shattered. 

In July 2019, work to restore the stadium was in full swing and workers were mending the broken wall and fencing. 

This was done through a partnership between the Graaff-Reinet Business Chamber, the DBNLM and contractors. Sadly, the new fence and gate have since been stolen and the buildings on the premises have been vandalised almost beyond repair.

Samantha Graham-Maré, DA Member of Parliament, says she has been informed of four different municipal properties at which roofing materials - sheeting and trusses - have been stolen.

Three of these properties allegedly had security guards on the premises when the thefts occurred.

On the night of either 7 or 8 June 2020, thieves broke into the Graaff-Reinet traffic offices and made off with a safe full of firearms. At the time police declined to comment on the matter, but, according to a source close to the incident, two security guards were on duty at the time of the burglary.

In 2020 it was reported that the water supply infrastructure at Nqweba Dam has been stolen and the pumps and pipes vandalised. In addition, the continuous vandalism of electrical infrastructure is bleeding the municipality's coffers dry and impacts on its ability to provide services to the community.

The cost of replacing the cables that have been stolen at the Santa substation, for example, amounted to over R150 000, and residents in the immediate area were without electricity for an extended period.

No action taken

The Municipal Finance Management Act places a duty on the officials of a municipality to ensure that municipal assets are maintained and safeguarded. This duty includes the requirement that there should be sufficient security at municipal properties to prevent vandalism, theft and destruction.

It is clear that the DBNLM dismally failed in this regard. It is also clear that there has been a serious breach of the Service Level Agreement for the supply of security services at municipal sites that exists between DBNLM and Gap Management (Pty) Ltd.

Clause 7.1 of the Service Level Agreement stipulates that any failure on the part of the service provider to render the services at the standard specified in the agreement entitles the municipality to cancel the agreement with immediate effect. It is also expressly stated that such cancellation will be without prejudice to any alternative or additional rights, action or remedy at the disposal of the municipality, and the right to claim damages is specifically included.

Despite the fact that there have been valid grounds for the cancellation of the Service Level Agreement, the DBNLM has never attempted to invoke this clause. There has also been no attempt to recover any damages from Gap Management (Pty) Ltd.

On the contrary, it appears as if the DBNLM is not particularly interested in entering into an agreement with a different security services provider.

In this regard, the Service Delivery Movement has raised concern about the fact that, while the term of the Service Level Agreement between DBNLM and Gap Security Management (Pty) Ltd came to an end on 30 June 2021, the contract for the provision of security services for the next 36 months was only placed on tender on 21 June. The deadline for tenders is 21 July.

Municipality 'complicit'

Graham-Maré stated that the DBNLM has become complicit in the criminality. "No action has been taken by the DBNLM, even though overwhelming evidence regarding the criminal activities has been presented to them," she said. 

"A member of the community has laid charges in connection with two of the properties that have been vandalised, but the municipality has not. In the other two cases, the municipality has been provided with evidence pointing to a vehicle used to transport materials taken from municipal sites along with other salient details. According to my information, the municipality has still not opened a case with the police."

Cost

Then there is the question of cost involved in repairing the ransacked municipal properties. In terms of Clause 6.8 of the Service Level Agreement the service provider is required to take out a public liability policy in the name and at the cost of the service provider, with acceptable coverage for the duration of the agreement.

Whether this provision has been complied with and whether Gap Management (Pty) Ltd has actually used this coverage to pay for some of the damage to, and theft of, municipal assets that occurred on their watch, still needs to be confirmed.

It is public knowledge that the DBNLM is in financial ruin and does not have the financial means to repair and replace damaged or stolen property. 

The extent of the municipality's financial predicament was confirmed by the report of the Auditor-General to the Eastern Cape Legislature and the council of the DBNLM, and the fact that the DBNLM was one of the municipalities required to disclose their financial statements based on significant doubt that they will be able to continue with operations in the near future.

So, who will foot the bill? That remains an open question.

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