More than three months after Patel Hardware’s botched marketing stunt, the landmark Eye of Mbombela remains a half-dressed eyesore.

The building supplies dealers that opened in Mbombela on August 10 rented the soccer ball reservoir from the City of Mbombela for 12 months with the intention of repainting it in what has become known as ‘Patel green’ and black, with the name ‘Patel’ on two sides. According to company spokesperson Zakwan Patel, this was done not only to break into a higher LSM market (living standards measure), but also to change the narrative that the Eye of Mbombela was a dangerous place. The fresh narrative was to be achieved through hosting regular farmers market type events at the site as well as taking charge of maintenance.

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However, an order to stop the painting, issued by water utility company Silulumanzi, saw law enforcement shut down the operation just two days before Patel Hardware’s grand opening. Silulumanzi issued the stop order because they were not consulted in the application process.

The company’s spokesperson, Richmond Jele, explained at the time that the City of Mbombela, as per a 30-year concession contract, had ceded the reservoir to Silulumanzi. This meant Silulumanzi was responsible for the operation, maintenance, safety and security of the site. He said since the reservoir was used for the distribution of potable water to the community, all necessary measures had to be taken to ensure the safety, security and quality of the water supplied were not compromised.

Therefore, Jele said, any subletting of the site to a third party could only be done with written consent of both parties to the concession contract – those being CoM and Silulumanzi.
Now, 15 weeks and a series of in-depth discussions between the CoM, Silulumanzi and other relevant stakeholders later, it seems the ancient proverb of the Kikuyu people, ‘when elephants fight, it is the grass that suffers,’ is as true today as when the words were first uttered.

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While the site is still strewn with Patel green stained paint rollers and pans and deemed unsafe by the public, Mbombela residents are still irked by the unavoidable sight of the half-painted identityless landmark towering over the city.

Enquiries to the CoM and Silulumanzi about the progress in resolving the stalemate produced little clarity. The value of the 12-month rental agreement as well as possible cost of remediation to the consumer remain fuzzy.

The CoM’s spokesperson, Joseph Ngala, said after some engagement with Silulumanzi, the matter was still on hold, pending a decision by the Silulumanzi board of directors. He said if the project is approved, the green-and-black paint job will be completed. If not, it will return to its former black-and-white status.

Explaining how the City came to allow Patel Hardware to start painting without consulting Silulumanzi, Ngala said it was all about the money. “Remember that Silulumanzi is a service provider to the City. The reservoir remains our asset, but is managed by Silulumanzi. That is why we even indicated in our previous response to you that it was unfortunate that they [Silulumanzi] were not informed. Remember that as a City, we have a responsibility to explore any revenue stream we can possibly get to ensure that we sustain our finances. The initiative was seen as such,” said Ngala.

Questions to Silulumanzi around the progress of negotiations remained unanswered by the time of publication. However, Silulumanzi’s group managing director, Shyam Misra, indicated via WhatsApp that the City’s approval of Patel Hardware’s application to repaint the reservoir without consulting Silulumanzi may not have been entirely irregular.

“All terms in a contract can be mutually amended. We lease assets from the City of Mbombela, and the ownership of those assets vests with them. Silulumanzi is granted the exclusive use of the assets over the concession term and the City, as owners of the concession, could make aesthetic changes to the assets so long as these do not impact on the integrity of our supply or become a health and safety risk,” said Misra.