Minister for Public Works and Infrastructure Dean MacPherson visits Simelane Street Police Station
PMinister for Public Works and Infrastructure Dean MacPherson has stepped in to resolve problem buildings in eThekwini Metro, including the Durban Magistrate's Court, which needs a R249-million upgrade, and two dilapidated high-rise apartment blocks formerly housing police officers.
Mr MacPherson led three site visits by a delegation of senior public works and infrastructure officials, including local ward councillors, and told media, court administrators and residents that work would begin on the restoration of the three buildings.
During an inspection of the Magistrate's Court, Public Works Regional Manager Nkosi Vilakazi said his department had prepared a detailed report which highlighted the infrastructural issues facing the 48-year-old building which has 11 floors and 43 courtrooms.
Acting District Judge Anand Maharaj had begun an investigation into a murder case in which he was presiding, after receiving reports that the designated elevator was not working and the accused could not be moved from the first floor.
Vilakazi said the report detailed the condition of the building, including problems caused by stolen copper pipes that caused flooding, a broken fire line that has been switched off since January 2023 leaving the building at risk of fire, problems with the elevator used to transport prisoners from their cells to the courthouse, inadequate security, a lack of security cameras and an infestation of wood-boring insects.
Highlights were given to the cost of repairs, which were estimated to cost about R249 million for a complete overhaul.
“The building is 48 years old so we need to put money into revitalising it. Some things can be replaced, some can be repaired,” Vilakazi said, adding that they have taken steps to address the issues in the short term, such as hiring a contractor to maintain the elevators, which eventually needed to be replaced throughout the building, at a cost of R19 million.
McPherson said it was important to prioritize the most pressing issue within the building that was impeding the administration of justice – the problem of replacing the broken elevators that transport prisoners to the courthouse and the public elevators. He said he would raise the issue of funding to replace the elevators with the department's chief financial officer.
Department of Justice provincial administrator Pat Moodley asked Mr McPherson whether it was possible to halt the construction of new courts across the country and focus on rehabilitating existing buildings and completing Umlazi courthouse, which began construction in 2015 but was halted until December 2023.
Mr Macpherson responded that he did not intend to infringe on the Department of Justice's jurisdiction but would alert the Minister to these concerns.
“It's clear to me that there is an existential threat to the operation of the court here and we are determined to address the issues that are before us, and two of those issues are the fire certification and the elevators,” he said.
“This is now a national issue, it's been widely spoken about and it's an issue that we have to address. I don't think it's an insurmountable issue. Our goal as a ministry is to use public assets for the public good. And this is public asset and it has to be used in the pursuit of good, which in this case is the administration of justice.”
“We place a heavy burden and responsibility on magistrates and judges to administer justice and they have a right to serve in appropriate offices and courtrooms… It is vital that we have a functioning justice system and we must play our part,” Mr MacPherson said.
During the site visit, the delegation also toured Excelsior Court, a high rise apartment block, and Stalwart Simelane Street Police Barracks, housing police officers.
Several local residents joined the delegation from Excelsior Court, where homeless people were last evicted by court order in 2018. The building has been in a state of disrepair since about 2013.
Residents say at least 15 people, mostly criminals, have since taken up residence in the apartment, using it as a “den of iniquity” and preying on the surrounding residents.
“They come here at night and move into the neighbourhoods during the day, affecting the whole area. [with crime]” said one resident, who asked not to be named.
Another woman said her home had been broken into repeatedly in the past few months, with Excelsior squatters throwing bricks at the apartment next door.
One resident said he was not convinced that McPherson's intervention would achieve anything, as local residents had been planning to remove the squatters themselves and had long complained to police about the buildings in question, even writing to President Cyril Ramaphosa.
“This is a stain on your community and I understand that. We're here because we want to fix this. We want to get things done. We understand the community has taken steps to make their buildings safe. You shouldn't hold us accountable. It's not your job to manage government buildings,” McPherson replied.
“Firstly, we want to evict the people who are living here. If there is a court order, we have to enforce it. We have to get officials from the Ministry of Interior here to find out if they are legal.”
Governor McPherson told residents he had received assurances from higher-ups that the buildings would be made safe within two weeks.