KZN crematorium limps under load
The Msunduzi Municipality has taken the SA Incinerator Company to court, demanding the return of ratepayers’ money.
|||Durban - The Msunduzi Municipality has taken the SA Incinerator Company to court, demanding the return of millions in ratepayers’ money and claiming the company failed to honour a contract to install a new cremator at the Mountain Rise Crematorium or maintain existing cremators.
The company is defending the application.
Two cremators at Mountain Rise stopped working last month, causing chaos at the crematorium and putting undertakers under pressure.
One undertaker, who asked not to be named, said that the one operational cremator was under severe strain, with cremations continuing back-to-back until after 7pm on weekends.
Grieving families have been urged to use Durban crematoriums.
“With only one cremator in working condition, and under so much strain, you never know what might happen,” the undertaker said.
According to court papers, in October 2012, the municipality invited tenders for the replacement of cremators at the Mountain Rise Crematorium.
In March 2013, the municipality accepted a tender from the SA Incinerator Company and a written agreement was concluded.
The company undertook to entirely remove one existing cremator, to supply and install two new cremators and to provide all requirements, including electrical installation, control panel, gas valves, internal pipework, exhaust equipment, supply fans and ducting.
The company also guaranteed that all components used and supplied would comply with SABS specifications and that labour would meet health, safety and other standards.
The work was to be done within four months of the acceptance of the tender.
SA Incinerator Company also undertook not to subcontract the work without the written authority of the municipality, and accepted responsibility for the repair and replacing of any defects within a one-year period of date of delivery of the cremator.
The agreed contract price was R5 324 283. Subsequent to the agreement, the company also undertook to refurbish the existing cremator at the crematorium at a cost of R495 000, and to maintain this cremator at a cost of R40 000 a month for five years.
The municipality complied with the agreement and paid the company the contract price plus the monthly maintenance charge.
However, it alleges that the company breached the contract by failing to perform the work to the agreed specifications.
The municipality claims the company subcontracted the work to a third party without its consent, and performed work and supplied services and equipment which were materially defective, which resulted in failures of the refractory lining, damaged roof trusses, inappropriate and poor wiring and sealing, plus leaking and pollution.
The company, it is claimed, also failed to provide maintenance services to the existing cremator.
The municipality then opted to terminate the contract and, as a result, believes it is entitled to repayment of all the monies paid to the company to date, totalling R5 728 616.
The municipality said the contract price with another service provider had increased by R1 064 856 since the termination of the agreement with SA Incinerator Company.
The municipality is claiming this amount in damages.
The case has been adjourned.
Meanwhile, the municipality announced at an executive committee meeting recently that money meant for the Mountain Rise cremator project would now be used for a sports facility in Caluza.
Municipal manager, Mxolisi Nkosi, said the transfer of monies would not mean the collapse of the cremator project.
He said the transfer was temporary as the two cremators were the subject of litigation.
“We will definitely not kill this project, but the litigation processes do limit us,” said Nkosi.
Daily News