Cop inaction on forum threats at construction sites slated

THE police’s apparent inaction over threats and harassment, allegedly by members of Delangokubona business forum, at several construction sites around Durban has been criticised as another construction firm turned to the courts for help.

This time, Rapid Builders and Contractors CC brought an urgent application against the business forum and five forum members in the Durban High Court on Friday.

The firm, represented by advocate Vishalan Naidu, obtained an interim interdict against the forum and its members to prevent them from threatening, harassing, intimidating or assaulting workers at a Glenwood construction site and entering the site.

The forum members were not present in the court on Friday.

Police were also ordered to assist with ensuring the firm has uninhibited access to the site.

Presiding judge Graham Lopes questioned the police’s apparent lack of action to deal with the matter.

The firm said in court papers that it had been awarded a contract to construct a twostorey building. It would serve as a branch of a commercial bank in Glenwood.

The company said the forum had disrupted several other Durban construction sites including at Sibaya and appeared not to abide by orders of the court.

Ishwarlall Haripersad, the site’s foreman, said in an affidavit that the firm has to complete construction by April next year.

It would face severe penalties if this deadline was not met.

Haripersad said that when work started at the site last month, the forum members came to the site and demanded that they be given “30% of the contract value” and that they would employ their own workforce which Rapid Builders would have to pay.

He said he informed the forum members that the project was a private contract but said the men threatened him that they would stop construction and harm the workers.

Haripersad said he asked for help from the Umbilo police station but was advised that the police could only get involved if people were causing illegal disruptions.

He said that after forum members visited the site on September 11, he laid a charge of intimidation at the Umbilo police station but was again told police could not get involved in a commercial dispute.

Haripersad said that two days later 10 men came to the site, threatened workers and demanded that work stop.

Police came to the site and dispersed the crowd, he said, and then asked the firm to attend a meeting at the police station where forum members were present.

Haripersad said forum members along with an unidentified man in an ANC Youth League cap and jacket, changed their demands at the meeting and asked for a “business to business” relationship.

Police advised the firm to engage with the group and come to an agreement.

Haripersad said the company was aware of at least five other companies that had brought similar interdict applications against the forum – the most recent being an application granted on September 8.

“The respondents (forum and members) have intensified their campaign of intimidation and thuggery on construction sites around the province despite numerous court orders.”

He said the threat posed was “real and serious” and the construction site had been closed owing to fears that the lives of workers and staff were at risk.