WATCH | Public works MEC vs Phoenix school in bus and truck depot showdown

Tensions ran high at Havenpark Secondary School when an official squared off with KwaZulu-Natal public works and infrastructure MEC Martin Meyer over his impromptu visit to investigate complaints it was running a bus and truck depot on school premises.

A fleet of at least 10 luxury bus liners, fuel lying in plastic containers, and spare vehicle parts and tyres flanked a fixed “illegal” structure used by the bus company that rents space from the Phoenix school.

Meyer said last week the principal called police to remove officials from his department who went to the school to investigate complaints from residents about the truck and bus depot.

It is understood the bus company has been operating from September, but it was a logistics company’s plan to park 35 superlink vehicles that prompted residents to complain about noise, congestion and environmental concerns.

Two weeks ago the logistics company owner cut a separate entrance from the main road onto the pavement to gain entry to the school grounds, sparking protest from residents to the authorities.

“When I heard the officials were made to leave by the police while trying to do their job, I said, ‘This is not acceptable.’

“The [legislation] under which we govern is clear about our mandate as custodians and caretakers of all government assets in KwaZulu-Natal. We have a moral duty to the people living around there that activities at the school don’t disadvantage them, especially if there is a health and safety risk.”

Meyer said he was aware of the education department’s financial situation and that many schools were cash-strapped.

“I fully understand schools are allowed to raise funds and rent out part of their property for fundraising, but there are laws governing that. Tuck shops and churches we will allow, but something like this that is against the bylaws of the city must be investigated.

“We as the department of public works have a job to do, and no one has the right to stop a government official from doing their legal duty."

Blueprints of the school show the grounds were tarred to create a parking space for the vehicles, and there is seemingly no area for pupils to play or engage in sporting activities.

The school’s deputy principal had a heated exchange with Meyer, telling him he had no right to be on the school property.

He then made a call and was overheard saying, “There’s a white guy here with the media.”

Meyer and his team were later allowed to conduct their inspection and found:

• the school allegedly misrepresented the type of business operating there;
• a bus and truck depot is operating on the school grounds that has raised numerous complaints of noise and safety of pupils;
• preliminary evidence points to violation of lawful demarcation;
• a non-approved building was erected on the premises; and
• the bus and truck depot is built on school grounds, where extracurricular facilities such as sports fields once existed, meaning pupil-centric facilities were discarded to cater to the logistics business.

Meyer said officials would finalise their findings in conjunction with the provincial education department.

Provincial education spokesperson Muzi Mahlambi said while schools had the power of delegation to raise funds, these came with limitations.

“The head of department has directed that the district director and circuit management office go to the school to determine how they are raising funds and take the necessary actions if warranted.”

But the school governing body chairperson Lucy Govender defended renting out their grounds to two companies ― a luxury bus line and the trucking company.

Govender said the quintile-five school of about 540 pupils was almost R5m in arrears for fees.

“Most of the parents are unemployed and as a result are not able to pay fees. Our school is 35 years old, and we are about R270,000 in arrears for our utility bills.

“We made the decision to subdivide our grounds to supplement our income so that we can be operational and uplift the educational needs of our pupils.”

She said a decision was made to cement the grounds because it was costing the school R7,000 a month to cut the grass and maintain the grounds.

“There was also a danger element because it was inhabited by prostitutes and drug users, so we decided it would be viable to earn an income.”

Govender said the lease proposals highlighting clauses affecting safety, health and environmental issues had been run by parents without any objections.

Those included restricting vehicle movement in and out of the premises to coincide with starting and finishing times of school.

She said she believed an objection was raised from a resident who had an “agenda” after his lease proposal had been rejected, setting off the chain of events that led to Meyer’s visit.

She said public works officials showed up at the school last week without any credentials, and the principal called the police in accordance with circular No 35, which provides protocols for visitors in keeping with the safety of teachers and pupils.

“I’m a former pupil of the school, and my daughter is here and has three more years. I would not do anything that would jeopardise the safety of our staff and pupils. We did this to keep the lights on.”

Govender denied they misrepresented the nature of the businesses operating at the school, saying their tenant leases were submitted to the circuit inspector who had visited the school recently.

“The MEC made it a priority to come to the school, but it would have been appreciated if he did it the proper way. We have been amenable to sitting down with him and showing him our leases and that everything is above board. We are glad he took an interest in our school. We wish it were for the right reasons.”

Don Govender, owner of the logistics company, said they signed the lease with the school when their current lease at another school expired.

“There was a standoff with the residents recently when armed security on both sides was called in amid threats of residents burning our trucks.”

Govender said he was caught in the middle of the fight between residents and the school.

“I raised the pertinent questions with the SGB when I found out about the residents’ concerns about safety, health and noise pollution but was assured all would be well.

“But this situation has developed into something deeper, and I’m standing down until this matter is resolved and there is common ground.”

Religious and community activist Pastor Mervin Reddy, who lives opposite the school, wrote to public works, eThekwini municipality and the education department on behalf of residents of Canehaven Mews, Barthaven Close, Hannaford Drive and the broader Phoenix community to “formally raise our objection to the reported leasing of a portion of Havenpark Secondary School’s premises to a private trucking company for depot operations”.

Reddy told Sunday Times they were never consulted by the school about the tenants and their business, which prevented them from providing meaningful input.

He said when the trucking company cut a new entryway to the school ― which had already caused major congestion issues because the road had already been a high-traffic corridor, serving as a bus and taxi route with significant daily pedestrian activity ― he collected a petition protesting against the new tenant.

Reddy said there was a standoff recently where a security company officer pulled out a rifle to try to “threaten and intimidate” residents.

He said the businesses materially altered the nature and use of property zoned for educational purposes and questioned whether an impact assessment had been conducted or whether necessary permission had been granted.

Reddy raised community safety and impact concerns as well as changes to local road infrastructure, ⁠pavements used by pupils and residents and stormwater systems located near the newly created driveway access.

He said while he was mindful of the financial implications for the school, other safer options could have been considered, and all stakeholders, including the municipality and education and public works departments, could engage with the school over funding issues.