Contractors shocked ECA membership ceased
MANZINI - As the infightings within ECA continue, dozens of construction companies have discovered with shock that their membership had ceased, ahead of elections.
This comes after the Construction Industry Council (CIC), which suspended the Eswatini Contractors Association (ECA) for alleged non-compliance in 2022, lifted the suspension of the association of contractors.
The latest developments were revealed by contractors during their meeting, which was called by the normalisation committee, elected into office (for a period of six months) in October 2022. The meeting was held at The George Hotel in Manzini yesterday and it was attended to by about 100 contractors.
According to the concerned contractors, after electing a national executive committee (NEC) in 2019, it allegedly failed to convene a meeting and CIC took note of that and asked the association to at least update it. However, they claimed that the NEC, which was led by Ruben Msibi, purportedly failed to submit audited financial statements and strategic plans to CIC for about three years and this led to its suspension by the regulator. Also, the contractors ousted it in October 2022 for the same reason and elected the normalisation committee.
Renew
After suspending ECA, they said the regulator informed them that they should directly pay to it (CIC) if they needed to renew their certificates.
By this instruction, they said they believed that even CIC did not trust the association with their monies, thus some of them also stopped paying subscriptions.
Thereafter, they said recently (February 21, 2023), CIC issued a statement where it announced that the temporary suspension of ECA had been lifted.
In the statement, which was signed by CIC Acting Chief Executive Officer (CEO) Maqhawe Mnisi, the regulator said the earlier decision to temporarily suspend ECA had now been rescinded with immediate effect. The contractors said the regulator then advised them to ensure that their membership status with ECA was up to date before they renewed or registered with it (CIC).
They said this took place when their CIC certificates were due to expire and they needed to renew them. The contractors said they wondered if the ECA house was now in order and if they had submitted audited financial statements to the regulator to warrant lifting of the suspension.
They said when they wanted to pay subscriptions, ECA gave them forms to fill and register as new members of the association as they had failed to pay their yearly subscriptions in 2022.
They deliberated on the matter of losing their membership status in the association and found that their constitution stated that a member who would fail to pay the yearly subscriptions would be declared as a non-member.
However, some of them were of the view that the whole thing was well orchestrated with the intention to disqualify most of them from partaking in the upcoming elections for a new NEC, which they said should be in June 2023. In that regard, some suggested that they should approach the court and CIC to challenge this, but others said this route might not work for them because they were racing against time to renew their certificates, which they needed to have when bidding for tenders.
Discussion
After a lengthy discussion, the contractors agreed that they should legalise themselves by joining the association and paying subscriptions so that they became members.
Once they were members, they said they would be able to amend the constitution, run to court to apply for an order to freeze the association’s bank account as it was still accessed by the NEC, which they ousted last year.
Again, they said once they were members, they would be able to engage the CIC over the matter and still attend the June 2023 annual general meeting (AGM) and ask the highest decision-making body to revoke all that they believed was not done right.
Furthermore, they said after a new
NEC had been elected into office, they would call for a forensic audit, which would reveal how their monies were used over the years.
Efforts of getting a comment from the previous ECA Chairperson Msibi proved futile as a questionnaire was sent to him yesterday afternoon, but by the time of compiling this report yesterday, he had not responded to it.
One of the questions which was asked to Msibi was how many members of ECA had been removed or lost their membership for not paying subscriptions in 2022. He was also asked what should the contractors do in order to become members of the association again and if they registered as new members, would they qualify to vote and be voted for during the elections.
Again, the CIC Acting Chief Executive Officer (CEO) Mnisi asked this publication to send a questionnaire yesterday afternoon.
However, by the time of compiling this report, he had not responded to it.
He was asked why the regulator suspended ECA and if the issues that they were complaining about had been addressed.
The contractors’ Normalisation Committee
Isaac Magagula Dennis Ntshangase Bongani Simelane Siphesihle Mkhonta Nomcebo Hlophe John Horton Phesheya Hlatshwako Sanele Msibi
Sipho Mabuza Candidates elected at the meeting
to represent ECA at CIC Board
Sabelo Nhleko
Sandile Mhlanga
Bongani Lukhele
Those who are on standby
Futhi Dlamini
Mandla Shabangu
Temahlungwane Mkhonta
Chairman
Vice Chairman Secretary
Vice Secretary Treasurer Members