Department of Employment and Labour cracks down on illegal construction in Durban
Deputy Minister Jomo Sibiya leads a team of inspectors during a compliance check at China Mall in eThekwini.
Image: Jomo Sibiya / Facebook
In a bid to uphold building safety standards, Department of Employment and Labour (DEL) Deputy Minister Jomo Sibiya recently led an inspection at China Mall on Umgeni Road, eThekwini.
The inspection revealed alarming violations of prohibition notices, raising concerns about the ongoing construction work that could jeopardise public safety.
On Tuesday, Sibiya led a team of inspectors and the Office of eThekwini Municipality Mayor Cyril Xaba in Durban, inspecting, enforcing, and looking at compliance with labour laws.
“The DEL issued a prohibition notice in February 2025, clearly stipulating that no construction work should take place in the first and second floors of the building until set conditions were met,” Sibiya said.
The inspection revealed what the deputy minister described as a concerning defiance by the owners and total disregard of the provisions of the prohibition notice of February 2025.
“It was evident that the owner continued with construction work i.e., new beams and structures were discovered on the first and second floors,” Sibiya said.
“The owners were issued with a second prohibition notice, and the DEL will proceed with prosecution for failure to comply with the February 2025 notice. The owners were urged to comply with prohibition notices, as they are a legal instrument.”
Sibiya said they also observed several Occupational Health and Safety contraventions.
He said some of the major challenges included floors being made of shutter boards instead of concrete slabs.
He also noted that no load testing had been conducted on the foundation for the two additional floors.
“We won’t allow any building collapse to continue in our country just because people are taking shortcuts.”
A closer look at the safety concerns raised during the inspection at China Mall, highlighting the use of shutter boards instead of concrete slabs.
Image: Jomo Sibiya / Facebook
During the inspection, Sibiya addressed the owners, stating that they do not need advance notice before inspections. This comment followed his hearing one of the owners suggest that they should be informed of future inspections.
He told them that when they come for inspections, staff should not interfere with their work.
“When we say somebody must not interfere with us, they must respect that. We are a law enforcement agency; maybe they are used to something different. When we talk to you or your bosses, we don’t want people to interfere with our work. That’s interference. Maybe they are used to something different. That’s interference,” Sibiya told a woman present during discussions.
“People with authority to respond must be the people who respond to us. Not somebody without authority to respond, because when you respond to us without authority, and we take your word and find that you are not the person responsible, that’s why we talk to the employer or we talk to the owner. Those are the people that we talk to. Nobody else.”
Construction violations uncovered: Inspectors find new beams and structures on the first and second floors of China Mall.
Image: Jomo Sibiya / Facebook
In her defence, the woman said it was because the owner did not understand English.
The department said it will proceed with prosecution for failing to comply with the February 2025 notices.
thobeka.ngema@inl.co.za