Dismissal a race issue, says contractor
Claim for R9.3m will go ahead
A CHATSWORTH builder is claiming more than R9.3-million from Mount Edgecombe Estates after the collapse of a construction deal.
Ricky Ramnarain, businessman and owner of Chatsworth-based RS Construction, said the Mount Edgecombe Country Club Management Association wrongfully terminated his contract in January 2011.
The reasons given for his suspension were:
He was never appointed
Even if we were fronting, which we were not, why should we be treated differently from other contractors?
in writing to construct a home for one of the new tenants; and
He estimated the cost of the renovations at R2million, which is R1-million more than the amount stipulated in his contract.
Ramnarain’s son, Shaun, who serves as site manager, was later called in and accused of “fronting” — acting on someone else’s behalf without the estate’s permission — and told that RS Construction needed to cease work.
Ramnarain, who was contracted to the estate for 15 years and was a part of the estate’s builders’ panel before the termination, said he believes the dissolution of his contract was racially motivated.
“I was in hospital after I broke my leg on another site, so I sent my son in. He was the site manager and had the right to be there. We were not fronting, but there are other contractors who do this. Even if we were fronting, which we were not, why should we be treated differently from the other contractors?”
The estate’s management denied that race played a role. Estate manager Terry Keller described Ramnarain’s claim of racism as “strange” because it was not included in his initial court application. Keller said they viewed the allegation “with contempt”.
“At this stage, it is improper for us to comment on the merits of the claim, which is for the court to decide. The action taken against RS Construction was the result of its failure to adhere to the estate rules and we are confident that our position will be supported in court.
“This is the first time that it has been alleged in this context that the estate’s conduct was racially motivated and we take the strongest exception to that suggestion.
“The estate is home to residents of all races and its management and its boards of directors . . . do not take kindly to spurious and unfounded allegations of racism, which is something they reject,” said Keller.
He added that management had been unaware of Ramnarain’s plans to go ahead with the application. The estate’s legal counsel had been told to close the file when they received no word from Ramnarain ’s lawyer.
Since making the application in 2011, Ramnarain has returned to work on renovations at the estate.
His attorney, Ramesh Luckychand, said they had no intention of abandoning the R9.3-million claim. “It is on the court roll.”