admin
Zvamaida Murwira Senior Reporter
The National Social Security Authority is racing against time in its bid to regularise the Rainbow Tourism Group Beitbridge hotel by next Friday, a deadline by which its temporary permit expires. The hotel faces closure by Beitbridge Town Council after the authority failed to secure an agreement with the architect who is holding on to architectural drawings that would enable the local authority issue them with a certificate of occupation.
NSSA got a temporary permit from Beitbridge Town Council of three months, which is due to expire on March 21 2014, but the two parties have not reached a settlement, creating uncertainty on the future of the hotel.
Architect Mr Daniel Mandishona has refused to surrender architectural designs to NSSA after the pension fund terminated his contract.
The dispute between the two is now before an arbitrator who is yet to determine whether there was a breach of contract by NSSA.
Mr Mandishona’s lawyer, Mr Charles Chinyama, said a determination was yet to be made in respect of the case in which he is seeking US$1,7 million in damages.
“We have made submissions but we are meeting again next week for the case,” said Mr Chinyama.
NSSA has argued that they terminated Mr Mandishona’s contract after the State Procurement Board directed that he could not be both project manager and architect of the project.
Time is, therefore, not on NSSA’s side since it should regularise the hotel within the stipulated timeframe.
Although NSSA general manager Mr James Matiza could not be reached for comment yesterday, he indicated two weeks ago that they were also pursuing the possibility of getting another architect should they fail to hammer out a deal with Mr Mandishona.
Architects council chairperson Mr William Kurebgaseka yesterday said the practical completion certificate would ordinarily be issued by the architect who designed the structure.
“That should be issued by the concerned architecte. If one is to hire another architect, it means that he would assume liability of any damage that could possibly arise,” said Mr Kurebgaseka.
Another architect said it was difficult for NSSA to hire a new architect who would be prepared to assume liability of a US$50 million project.
“There are also copyright issues, because that design is protected by intellectual property rights. That would create another challenge for one to take another architect,” said an architect who preferred anonymity for professional reasons.
Questions have been raised over the decision by NSSA to allow its real estate manager, Mr Allan Khatso, to sign a temporary practical completion certificate.
Mr Kurebgaseka said only an architect was empowered to sign the certificate.
NSSA completed construction of the 140-roomed hotel which it is now leasing it to RTG.
Initially projected to cost US$17 million, the hotel bill has since ballooned to around US$50 million.
Online Reporter