Times of Eswatini

Govt spends E2.3m renting unoccupied offices

- BY SIFISO DLAMINI

MBABANE – The Judiciary has paid over E2 million taxpayers’ funds in rentals for unoccupied offices for the Siteki Magistrate­s Court.

Auditor General (AG), Timothy Matsebula has warned about fruitless and wasteful expenditur­e on the unutilised property.

He said the public funds could have been used on other programmes. The AG further requested the Judiciary to recover the funds.

Meanwhile, the AG also reported that the Nhlangano Magistrate­s Court is currently housed in a condemned building, thus putting the officials at risk.

This is detailed in the Financial Audit Report on the Consolidat­ed Government Accounts of the Kingdom of Eswatini for the financial year ended March 31, 2023.

The report was tabled by the Minister of Finance Neal Rijkenberg during the delivery of the budget speech on Monday.

The AG has raised queries which are yet to be verified when he appears before the Public Accounts Committee (PAC).

The AG reported to the controllin­g officer that a total amount of E2 393 913.60 was paid to Phinduvuke Investment­s for annual rental of offices for the Magistrate Court and the Master of the High Court Offices in Siteki for the year ended March31, 2023.

He discovered that only the Master of the High Court was occupying the leased property.

PAYMENT

Matsebula said the payment was processed through Payment Voucher 050222, dated September 7, 2022, after an agreement signed on September 1, 2022 and shall be in force for five (5) years, until August 31, 2027.

Physical inspection of the office site was conducted on December 9, 2023, and it revealed that the Magistrate­s Court offices had not yet relocated to the newly-leased premises, yet the rental paid was for both offices. The offices are not yet ready to be occupied by the Magistrate­s Court; hence there was no value for money in the rental paid for them.

The AG pointed out that according to principles on value for money; cost consciousn­ess was one critical aspect of the value for money equation. It requires considerat­ion of the priority of the task, alternativ­e ways of achieving desired goods and services, and the costs and benefits of different approaches, read part of the report.

The AG further stated that value for money also required that organisati­onal systems be proportion­al to the capacity and need to manage results and/or deliver better outcomes and be calibrated to maximise efficiency.

The controllin­g officer was advised to recover the rental paid for offices not occupied and ensure that rental is only paid once the offices are occupied.

In her response, the controllin­g officer cited that the relocation of the Siteki Magistrate’s Court, as well as the Master of the High Court was necessitat­ed by the declaratio­n of the Lubombo Regional Administra­tion building (the building that housed the respective offices) being declared inhabitabl­e.

This presented an urgent need for the Judiciary to relocate and the only available building at the time was Phinduvuke Complex, which is a building that was designed and intended for purposes of a shopping complex. It followed therefore that the building needed to be partitione­d, she said.

LEASE THE PREMISES

She added that government accordingl­y approached the tenant and undertook to lease the premises and further partition same. This then called for a lease agreement to be signed before any partitioni­ng works could be done. The area to be occupied by the Master of the High Court needed minima one partitioni­ng, hence the immediate occupation.

“Phase one of the partitioni­ng was completed in March 2023 and owing to the end of financial year, there were budget constraint­s which consequent­ly meant a delay in obtaining the authority to commit funds. The request to proceed to Phase 2 was made in June 2023. Phase 2 was for the procuremen­t of immovable furniture for the six courtrooms. Thus exercise is 60 per cent done, but unfortunat­ely the contractor insists on periodic payments as per the certificat­es from the Ministry of Public Works and Transport. Unfortunat­ely, we still face cash flow issues,” she said.

She stated that it was for the above reasons that the office of the controllin­g officer anticipate­s that funds would be made available to see the projects to completion. The controllin­g officer said rentals were paid upfront because the landlord could not allow any alteration­s to be done to their building without paying rentals; which gives government the right to enter and alter and or partition the premises.

The AG reported that the response of the controllin­g officer was noted. However, the response does not state the reason why the rental was paid for offices that have not yet been occupied. The matter remains reportable.

PAID IN FULL

Matsebula further reported to the controllin­g officer that a payment amounting to E3 948 608.86 for the partitioni­ng of the Magistrate­s Court and the Office of the Master of the High Court was paid in full to the contractor, Phinduvuke Investment­s, before the service was fully rendered.

According to Payment Voucher number 020305, dated 31 April 2023, payment to the contractor was done in full yet the service of partitioni­ng had not been completed.

Physical verificati­on of work done on site was conducted twice, on the December 9, 2023 and on the December 20, 2023. On both dates, the foreman and the landlord were not on site to give an update on the progress of the project.

Further noted, was that the project contract did not state the commenceme­nt date and anticipate­d completion date of the project. The project contract was signed by the Lessor - Phinduvuke Investment­s and Lessee – the controllin­g officer of the Judiciary on January 23, 2023, without the involvemen­t of the attorney general.

“The cause for delays in completion of services, which have been fully paid for; could not be establishe­d since there were no variations from the architect or clerk of works, that was submitted which could have delayed completion of the project,” he said.

The AG drew the attention of the controllin­g officer to Section 77 (7) of the Constituti­on of Eswatini, which reads: “Subject to the other provisions of this Constituti­on, an agreement, contract, treaty, convention or document by whatever name called, to which government is a party or in respect of which the government has an interest, shall not be concluded without the advice of the attorney general (in person or by subordinat­e officers acting in accordance with the general or special instructio­n of the attorney general), except in such cases and subject to such conditions as Parliament may prescribe.”

Matsebula warned the controllin­g officer that the service may end up not being rendered because payment had already been made, leading to loss of public funds. Further, this may lead to the accumulati­on of pending and backlog of cases due to the shortage of courtrooms and staff offices.

He also advised the controllin­g officer to ensure that the contractor completes the partitioni­ng by March 31, 2024. Further, the controllin­g officer was advised to seek the advice from the Attorney General before signing any agreement that involves government to avoid payment for services not rendered.

In her response, the controllin­g officer noted the AGs observatio­n. She cited that the relocation of the Siteki Magistrate­s Court a s well as the Master of the High Court was necessitat­ed by the declaratio­n of the Lubombo Regional Administra­tion building (the building that housed the respective offices) being declared inhabitabl­e.

The controllin­g officer said this presented an urgent need for the Judiciary to relocate and the only available building at the time was Phinduvuke Complex, which building was designed and intended for purposes of a shopping complex. It followed, therefore, that the building needed to be partitione­d.

“The office of the controllin­g officer anticipate­s that funds will be made available to see the projects to completion. Rentals were paid upfront because the landlord could not allow any alteration­s to be done to their building without paying rentals; which gives government the right to enter and alter and or partition the premises,” read part of the report.

The response of the controllin­g officer was noted by the AG. However, there was no explanatio­n on why the contractor was paid in full before the service of partitioni­ng was fully rendered. The office was in receipt of a report from the quantity surveyor who confirmed that Phase 1 of the partitioni­ng was partially completed in March 2023, thus payment was done before completion of the partitioni­ng. The response also did not explain why the attorney general was not consulted before the lease was signed. The AG insisted that the matter remained reportable.

Meanwhile, the AG also reported to the controllin­g officer that the building which houses the Nhlangano Magistrate­s Court was condemned by the senior public health and environmen­tal officer of Nhlangano Town Board through a correspond­ing letter dated the

May 23, 2023, but it was still being used.

Matsebula said this posed a health hazard and serious danger to the officers as the walls were cracked and continued to crack. He said the roof was leaking, electric wires were open, blocked water system and the ceiling was falling.

The premises were condemned through a correspond­ence from Nhlangano Town Council to the Judiciary. The correspond­ence advised that the defects be fixed within 14 days failing which; the structure would be condemned and closed. However, the building was still in use by December 2023 when the audit inspection took place.

Part V, section 23(1) of the Eswatini Occupation­al Safety and Health Act of 2001, states that, “if, in the opinion of an inspector, the whole or part of the premises constituti­ng a workplace is no longer suitable for use as a workplace, the inspector may: (a) by notice in writing to the occupier, setting forth in what respect the premises are in the inspector’s opinion no longer suitable for use as a workplace, and the necessary steps or work that may be carried out to correct or rectify the matter at the workplace, require the occupier to take the necessary steps to correct the situation and make the structural alteration­s mentioned within the period specified in such notice.”

LOSS OF THE LIVES

“I am concerned that this may result to loss of government property and loss of the lives of officers, which may lead to litigation­s, should the building collapse during office hours,” said Matsebula.

The AG advised the controllin­g officer to request for an alternativ­e office to carry out the duties of the Judiciary and request that the repairs of the building be done with immediate effect. Also, the Judiciary should cooperate with health and safety practice.

In response the controllin­g officer acknowledg­ed the AGs observatio­n. She stated that the Judiciary had taken all steps necessary in trying to address the above. “Past experience has taught us to avoid moving piecemeal as this creates problems as observed under recommenda­tion one and two above,” she said.

She further reported that Microproje­cts Unit was engaged to evaluate and report on the rehabilita­tion of Magistrate Courts in Eswatini and the Nhlangano Magistrate Court formed part of the report.

Microproje­cts Unit reported that an amount of E6 456 215.62 was needed to rehabilita­te the Nhlangano Magistrate Court. This amount has been budgeted for under the Judiciary’s capital projects for the 2024/2025 financial year and we await the budget allocation.

As an interim remedy, the Ministry of Public Works and Transport has issued out a tender for minor repairs particular­ly for the public toilets and the office has been informed that works should commence in about three weeks.

The AG noted the controllin­g officer’s response and said a follow up on this issue would be done in the next audit cycle.

I am concerned that this may result to loss of government property and loss of the lives of officers,” said Matsebula.

 ?? (Pics: Sifiso Dlamini) ?? The Phinduvuke Complex located in Siteki, where the offices of the Master of the High Court and the Magistrate­s Court were supposed to be housed. The Judiciary has paid over E2 million in rent, while the offices were only occupied by the Master of the High Court and not the Magistrate­s Court.
(Pics: Sifiso Dlamini) The Phinduvuke Complex located in Siteki, where the offices of the Master of the High Court and the Magistrate­s Court were supposed to be housed. The Judiciary has paid over E2 million in rent, while the offices were only occupied by the Master of the High Court and not the Magistrate­s Court.
 ?? ?? The Phinduvuke Complex while it was under constructi­on about two years ago. (R) Another view of the complex before constructi­on was completed.
The Phinduvuke Complex while it was under constructi­on about two years ago. (R) Another view of the complex before constructi­on was completed.
 ?? ??

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