Mayibuye “swamp” school: Premier Lesufi given seven days to provide progress report on status of Public Protector’s report
6 August 2024
Today Build One South Africa (BOSA) Leader, Mmusi Maimane MP, BOSA Member of the Gauteng Legislature, Ayanda Allie MPL, and BOSA Board Chair, Stevens Mokgalapa visited the Mayibuye Primary School in Tembisa, Gauteng.
The notorious “swamp” school has made headlines since its completion in 2018 and to date has cost almost R100 million without a single day of teaching occurring in the building.
Built on a wetland, it remains unsafe for human habitation as sewerage flows through its grounds. It now stands empty while at least 1500 primary school learners are forced to attend school in containers and wendy houses.
Following a complaint by BOSA Leader Mmusi Maimane in September 2020, the Public Protector investigated the matter and found maladministration and impropriety by government as politically connected contractors profited from ongoing delays and missteps.
The report finds that the Gauteng government “did not comply with the applicable legal prescripts and procedures regulating procurement or supply chain management processes” and this resulted in “overspending, costs overruns and undue delays in completing the project”.
While we are pleased with the findings, we are of the view that the remedial action should be bolstered by concrete consequence management. All effort must be made to recover the funds spent, otherwise shady contractors and compromised government employees get away scot-free.
The remedial action is as follows, with the 60-day cut off period being midnight on Thursday 29 August.
· For the Gauteng Infrastructure Department (GDID) to, within 60 days from the date of receipt of the report, provide the PP with a project plan indicating how and when the completion of the remaining external civil works will be finalised to ensure that Mayibuye Primary School is fully operational.
· For the Gauteng Education Department to provide the relevant Treasury with a report, also within 60 days, on cost control measures for the construction of new primary and secondary schools and the provision of additional buildings at existing schools.
· For the Head of the Gauteng Provincial Treasury to, within 60 days, provide the Public Protector with monitoring mechanisms or measures to be put in place to prevent irregular and fruitless expenditure in relation to this project
The Constitutional Court has ruled that remedial action recommended by the Public Protector is legally binding. As Premier of Gauteng, Panyaza Lesufi is primarily responsible for oversight on the implementation of the remedial action.
BOSA is requesting the following actions from Premier Lesufi:
1. To indicate whether he or his government plans to take the Public Protector’s report on review or appeal.
2. If not, within seven days, to produce a progress report on the remedial action which has a deadline of midnight on Thursday 29 August.
3. To establish a multi-party task team to oversee the implementation of the PPs remedial action, as well as to advise on further actions required to ensure justice and accountability prevail. In particular, to ensure R100 million in squandered funds are recovered.
4. To provide a comprehensive list of every school in the province where contracts were awarded to build or restore schools, but are closed or abandoned to date.
BOSA will continue to advocate for affordable, quality education for every young person - from the earliest stages of schooling to high-level degrees.
Given the proportion of our national budget allocated to education, every student should receive an education that prepares one for a future economy, opportunities for lifelong learning, and for a career of their choice.
Statement issued by Roger Solomons, BOSA Acting Spokesperson, 6 August 2024
