Residents enter the St Michael’s residence for ladies in Sydenham, Durban. Photograph by Des Erasmus
Years-long discord about dwelling circumstances and governance failures affecting three retirement amenities in Durban got here to a head when residents took to the streets on a sweltering December morning, brandishing placards demanding a brand new board and administration, insisting that they might not permit themselves to be “uncared for”.
The preliminary desperation of residents on the nonprofit-run St Michael’s, St Gabriel’s and Mary Asher houses — constructed on eThekwini municipality land within the working-class suburb of Sydenham — had, by mid-December, morphed into “outrage”, they advised the Mail & Guardian.
The saga is a cautionary story for seemingly lax or unscrupulous NGOs and a division of social growth so disorganised that it seems detached to the wants of older individuals.
The residents are being supported by a small group of group leaders and ward councillor Remona Mckenzie who — on the request of the pensioners — fashioned a job crew to research the affairs of The Durban Council of South African Girls (DBNCSAW), the nonprofit that runs the houses.
The duty crew has accused the council of a litany of administrative failures, together with non-compliance with South Africa’s Nonprofit Organisations (NPO) Act and non-compliance with its personal structure.
The council board has accused the duty crew of “harassing our residents”, attempting to “cripple this organisation with a view to take it over in your beds for votes scheme” and spreading disinformation in regards to the houses, board and administration.
The greater than 50 residents the M&G spoke to mentioned they had been in full assist of the duty crew.
The publication isn’t naming any of the residents it interviewed, all of whom had the identical complaints, one of the vital urgent being the “lack of transparency” relating to financials, board appointments and operations, and never being consulted on nominations or appointments.
By its personal admission, the council has not held an AGM since 2018-19, inserting it in contravention of statutory necessities below the NPO Act. When approached by the M&G in late November, then amenities supervisor Marie-Therese Naidoo defended the lapse, attributing it to “administrative challenges” and the Covid-19 pandemic.
Quickly after the M&G despatched inquiries to the DBNCSAW, together with in regards to the failure to carry an AGM, one was scheduled for 12 December. However the apparently rapidly convened assembly was set to be “digital”, which might require the residents — who’re on state pensions — to live-stream the assembly.
The digital AGM was postponed. “[The department of social development] will give the organisation assist [with] an AGM in January 2025,” DBNCSAW chairperson Charmaine Jood advised the M&G.
Jood has denied any mismanagement on the houses and as a substitute has directed her ire on the job crew, which she banned from getting into the premises in July, in a written letter the M&G has seen. She additionally tried to cease the December protest, to no avail.
“We finally wish to handle the houses along with a crew of working committee members,” job crew member Trudi-Lee Low-Shang mentioned. “We have now no want to ‘take over’. We wish a board that’s accountable and that can lead a crew efficiently.”
Low-Shang mentioned the duty crew had a monetary crew and dealing committee prepared to help with operating the houses.
“The monetary crew shall be enterprise a full wants evaluation on every resident. A well being and security official will assess every resident’s wants when it comes to their dwelling circumstances, we now have already prioritised the speedy want,” she mentioned, including that the duty crew had a matron, certified carer and fundraising crew who would begin their work when the present board left.
A significant supply of resident and job crew unease is the DBNCSAW’s refusal to offer monetary statements, a authorized obligation below the NPO Act. Residents say that regardless of repeated requests, they’ve been denied perception into the organisation’s monetary well being.
The DBNCSAW despatched the M&G among the “independently audited” financials requested, which seemed to be signed off by a registered auditor. However in accordance with the Impartial Regulatory Board for Auditors (IRBA), the person listed because the auditor isn’t registered, in contravention of the Auditing Occupation Act.
It’s understood that the IRBA has referred the matter to its authorized division. The M&G was unable to make contact with the auditor.
This “ongoing” opacity is especially regarding, mentioned residents, given unresolved monetary difficulties, equivalent to unpaid utility payments which have on three events led to municipal threats of electrical energy disconnections.
The council alleges it’s owed greater than R100 000 in unpaid lease from 12 residents, a few of whom have reportedly not made funds since February 2024. It claims because of this it has had problem paying its electrical energy invoice.
“The organisation was subsequently obliged to signal a credit score settlement with income companies of eThekwini municipality to repay the debt, to make funds extra inexpensive and to safe continued entry to utility companies for all amenities,” Naidoo mentioned.
However residents and the duty crew have disputed this declare, asserting that lease is usually paid on time, and that there’s just one resident who’s refusing to pay.
The residents additionally raised considerations about perceived favouritism in rental charges. They allege that lease ranges seem to differ arbitrarily, with some residents receiving preferential therapy based mostly on “private relationships with administration/the board”.
In response to residents, some pay R850 a month, and others R1 500. The provincial division of social growth mentioned 90 residents stay on the three houses. Earnings from leases might tally as a lot as R135 000 a month, ought to all residents be charged R1 500.
Naidoo denied disparities based mostly on favouritism, saying that lease was decided by operational prices at every residence.
The shortage of a transparent and clear rental scale fuelled suspicions, as has the truth that regardless of administration and the board lamenting a scarcity of funds there are, in accordance with residents, 10 empty rooms amongst all three houses, which may very well be leased.
Residing circumstances
At St Michael’s and St Gabriel’s, which the M&G visited on the request of residents, borer injury is rife.
Gutters have fallen down, paint is peeling, window latches are free, home windows are cracked and faucets leak in loos and communal kitchen areas; whereas mould is rife.
However Naidoo mentioned that over the previous yr, the DBNCSAW has changed a number of doorways, fastened faulty door locks, changed home windows and geysers, eliminated some borer-damaged wardrobes and damp-sealed and painted a number of rooms.
Residents disputed that these repairs had been achieved, saying what was achieved had been allegedly “fast repair, low-cost jobs”.
Naidoo mentioned plans had been in place to do different repairs as soon as funding was secured.
At St Michael’s, the residents are prohibited from utilizing communal kitchen amenities outfitted with donated stoves.
“The usage of the stoves goes to extend municipal prices, and the short-term plan is to put in fuel stoves and ovens for use for fundraising functions. Some residents are utilizing their very own stoves of their rooms,” mentioned Naidoo, seemingly unaware of the well being dangers related to cooking in small bedrooms.
Regardless of the present board sitting for about six years, and a brand new administration crew being in place for near a yr, there is no such thing as a fundraising crew. One is being “initiated”, Naidoo mentioned.
There was additionally no cash for tenting and even pest management, she mentioned. “This could solely be accomplished as soon as funds are secured.”
The NPO admitted it doesn’t maintain a compliance certificates from the social growth division. Naidoo mentioned it will submit the mandatory paperwork for the 2023-24 interval, however didn’t make clear why this was neglected.
Residents say the shortage of a compliance certificates underscores broader problems with mismanagement. “It’s exhausting to belief administration once they aren’t even fulfilling fundamental authorized obligations,” one mentioned.
The division advised the M&G that the DBNCSAW was first reported to it in 2017, previous to the earlier board being “voted out” and the present board being put in.
However residents say that this was illegally achieved, provided that 5 of the newly elected board members weren’t included in notifications to attend board conferences. The entire residents the M&G spoke to deem the board “illegitimate”.
There are solely three board members — Jood, Patricia Isaacs and Charmaine Henry. Isaacs lives in a room on the St Gabriel’s residence, allegedly rent-free, though it’s imagined to be reserved for single males on pension.
Poor oversight
The division itself has a lot to reply for within the ongoing saga, provided that by its personal admission it has recognized about unhappiness and allegations of neglect on the houses for about seven years.
It advised the M&G that the nonprofit had “been registered with eight excellent annual compliance reviews” and that regardless of the brand new board, there have been “continued … challenges”.
The division mentioned it despatched a crew to do inspections on the houses on 30 November and 12 December 2023 in response to allegations of abuse. These included residents being sworn at, threatened with eviction in the event that they supported the duty crew, and 70 and 80-year-olds having to wash and clear communal amenities.
“Throughout this go to, an engagement was achieved with the residents and so they denied the allegations of abuse,” the division mentioned.
When the duty crew tried to enter the houses earlier this yr for a pre-convened assembly, they had been denied entry by one resident who is outwardly near Jood. The police needed to intervene.
The division mentioned it performed a “monitoring go to” at Mary Asher on 14 August, together with Naidoo. “On the day of the go to, the house was neat and tidy. Engagement with a couple of residents on the day had been achieved and the residents expressed their happiness within the facility,” mentioned the division.
But it surely additionally advised the M&G that in the identical go to, the NPO didn’t furnish it with “essential data” equivalent to a tax clearance certificates and lease agreements. These are paperwork the duty crew had been calling for, for months.
On 15 August, the division visited St Michael’s and St Gabriel’s. It mentioned the houses had been clear however each required “main renovations”.
At a follow-up assembly on 19 August, residents advised division officers that there was no cleaner on the amenities, and that one had been introduced in to wash earlier than the division’s go to. Residents used their state pensions to purchase cleansing supplies for communal areas and cleaned these themselves, they mentioned.
At a digital assembly with the three board members and Naidoo, on 21 August, the division requested that it’s supplied with the structure of the organisation, AGM paperwork, annual monetary statements and a tax clearance certificates.
“The board has submitted these except for the audited monetary statements and tax clearance certificates,” the division mentioned.
It might be “rendering assist” to residents that included “partaking with” the DBNCSAW on “problems with governance”, which together with holding an AGM, an implementation plan on the division’s findings after its visits, and “an earnings and expenditure report into the funds of the organisation and transparency on the utilisation of the resident’s grant cash has been requested for submission”. A resident’s committee was additionally to be established for all three houses.
The division didn’t present timelines for any of the interventions.
After initially answering the M&G’s emailed queries, Naidoo mentioned she was “unavailable” to reply to follow-up questions, and directed these to Jood, who didn’t reply.
Requested by the M&G in December when she was going to reply, Jood mentioned: “As it’s possible you’ll know, we’re in a really busy interval on the organisation from the announcement of [the] protest, coping with indignant residents, having to calm scared residents, getting ready for the AGM and so forth,”
Naidoo had resigned, she mentioned, “leaving the board to cope with operations”.