Durban — Labour unions have called for the immediate closure of the already condemned Durban Magistrate’s Court building, as it poses serious health and safety concerns.
They made their stance known earlier this week after meeting with management of the building located across the road from the SAPS’ Durban Central police station, which also currently houses the Durban High Court.
The Sunday Tribune revealed last week that the 12-storey building was condemned by the fire department in January 2023, for having non-functional water sprinkler systems and other shortcomings.
Despite the fire department’s directive, the building which is frequented by thousands of people daily has remained in use ever since.
Mlungisi Ndlovu, the chairperson of the Public Servants Association’s (PSA) KwaZulu-Natal, said they feared that if the building caught alight there could be catastrophic outcomes because the sprinkler system won’t be activated.
Ndlovu said they were outraged by the appalling state of the building, yet its doors remained open to the public and others.
He also found it unfathomable that prosecutors, magistrates and judges were forced to share lifts as with prisoners, because the prisoners' lifts in the building didn’t work.
Ndlovu said they had submitted their grievances to the Department Employment and Labour. “The PSA demands that the labour department takes strict action against the non-adherence to health and safety standards at the building. The Department of Justice and Constitutional Development must provide alternative accommodation for workers.”
He said both the Department of Justice as well as Public Works should take responsibility for the negligence and non-compliance with the Occupational Health and Safety Act. He emphasised that employers had a legal obligation to provide a safe working environment for their employees.
Ndlovu also demanded that both departments take immediate action to facilitate repairs and replacements of the lifts, ensure that there was a reliable water supply, address electrical and fire safety hazards, and provide adequate ventilation and sanitation facilities.
Prince Mthalane, regional secretary of the National Education, Health and Allied Workers' Union’s (Nehawu) said that it was established in January 2023 that the fireline was not working after the court manager, Kritish Prag, asked the fire department to investigate.
Mthalane said the CCTV cameras were also not working in the building, and Prag had informed staff that after the complaints about the building were ignored by public works’ officials, he had called a meeting with the various stakeholders about their concerns.
It eventually led to an inquiry being instituted according to Section 342A of the Criminal Procedure Act, by the Acting Regional Court president, Magistrate Anand Maharaj, last month.
The regional head of public works acknowledged his department’s failures, submitted a plan of action to resolve the various infrastructure and maintenance challenges at the courthouse, and promised to have them dealt with by December 31.
The official said addressing the “lifts” situation was “capital expenditure” as they needed to be replaced because some parts needed for repairs could not be accessed, which he had brought to the attention of his national office.
Mthalane said air-conditioning at the building worked in some courts but not in others, which frustrated staff and members of the public.
Earlier this month, Acting Judge Bonke Dumisa had to assure everyone in his courtroom that all was well when the lights went off for a short while he was delivering sentence.
The building’s faulty water system had also hampered progress in the murder case of Kiernan “AKA” Forbes and his friend, celebrity chef Tebellon”Tibz'' Motsoane.
The March pre-trial conference in the murder matters of Mangosuthu University of Technology (MUT) lecturer Chanlal Dwarika and former ANC councillor Mzimuni Ngiba and others, had to be postponed as the prisoners could not access their respective courts on the 12th floor. Their designated lifts were flooded with water and could not be used.
Sunday Tribune