Taxonomies
- Subject areas > Business, Trade and Industry
- Subject areas > Finance and Money
- Subject areas > Infrastructure and Transportation
- Subject areas > Labour and Employment
- Subject areas > Public administration
Related documents
- Is amended by Prevention and Combating of Corrupt Activities Act, 2004
- Is commenced by Construction Industry Development Board Act, 2000: Commencement
South Africa
Construction Industry Development Board Act, 2000
Act 38 of 2000
- Published in Government Gazette 21755 on 17 November 2000
- Assented to on 13 November 2000
- Commenced on 1 December 2000 by Construction Industry Development Board Act, 2000: Commencement
- [This is the version of this document from 27 April 2004.]
- [Amended by Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) on 27 April 2004]
Chapter One
Definitions
The purpose of this chapter is to define words to which a meaning is attached which expands on the dictionary meaning of the word.1. Definitions
In this Act, unless the context otherwise indicates—“best practice” means a desirable and appropriate standard, process, procedure, method or system in relation to the delivery process and the life cycle of fixed assets;“best practice contractor recognition scheme” means the best practice recognition scheme referred to in section 21;“best practice project assessment scheme” means the best practice project assessment scheme referred to in section 23;“Board” means the Construction Industry Development Board established by section 2;“chairperson” means the chairperson of the Board appointed in terms of section 6(11)(a);“chief executive officer” means the chief executive officer appointed in terms of section 10;“client” means a person, body or organ of state who enters into a contract to procure construction works;“construction industry” means the broad conglomeration of industries and sectors which add value in the creation and maintenance of fixed assets within the built environment;“contractor” means a person or body of persons who undertakes to execute and complete construction works;“construction works” means the provision of a combination of goods and services arranged for the development, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling or demolition of a fixed asset including building and engineering infrastructure;“emerging enterprise” means an enterprise which is owned, managed and controlled by previously disadvantaged persons and which is overcoming business impediments arising from the legacy of apartheid;“emerging sector” means that sector of the construction industry which comprises emerging enterprises;“member” means a member of the Board appointed in terms of section 6;“Minister” means the Minister of the National Department responsible for Public Works;“organ of state” means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);“policy” means Government policy that impacts on construction industry development;“prescribed” means prescribed by regulation in terms of section 33;“project” means a construction works contract or a series of related construction work contracts;“register” means the national register of contractors referred to in section 16 or the register of projects established in terms of section 22;“regulation” means a regulation made under section 33 of this Act; and“this Act” includes the regulations.Chapter Two
Construction Industry Development Board
The purpose of this chapter is to establish the Construction Industry Development Board and to provide for its objects, powers, functions and duties and to provide for administrative matters.2. Establishment of Board
The Construction Industry Development Board is established as a juristic person.3. Independence of Board
The Board must perform its functions free from undue influence.4. Objects of Board
The objects of the Board are to—5. Powers, functions and duties of Board
6. Composition of Board
7. Period and conditions of membership
8. Remuneration of members
A member of the Board or a committee of the Board receives such remuneration and allowances as determined by the Minister, in consultation with the Minister of Finance.9. Disclosure of interest
If a member of the Board or his or her spouse, immediate family member, life partner or business associate, has any director indirect financial interest in any matter to be dealt with at any meeting of the Board, that member—10. Chief executive officer
11. Staff of Board
12. Meetings
13. Stakeholder consultation
14. Evaluation and review
15. Delegation of power
Chapter Three
Register of contractors
The purpose of this chapter is to establish a public sector register of contractors that will support risk management in the tendering process; reduce the administrative burden associated with the award of contracts; reduce tendering costs to both clients and contractors; enable effective access by the emerging sector to work and development opportunity; assess the performance of contractors in the execution of contracts and thus provide a performance record for contractors; regulate the behaviour and promote minimum standards and best practice of contractors; store and provide data on the size and distribution of contractors operating within the industry and the volume, nature, performance and development of contractors and target groups; and to enable access by the private sector and thus also facilitate private sector procurement.16. Registration of contractors
17. Keeping of register
18. Unregistered contractors
19. Removal of names from and restoration thereof to register
20. Duration and renewal of registration
21. Best practice contractor recognition scheme
The Board must, within a reasonable period after the establishment of the register of contractors, establish a best practice contractor recognition scheme which—Chapter Four
Register of projects
The purpose of this chapter is to establish a register that gathers information on the nature, value and distribution of projects and provides the basis for a best practice project assessment scheme to promote the performance of public and private sector clients in the development of the construction industry.22. Register of projects
23. Best practice project assessment scheme
Chapter Five
Financial management
The purpose of this chapter is to regulate the financial management of the Board, subject to the Public Finance Management Act, 1999.24. Funding of Board
25. Loans
The Board may, with the approval of the Minister, in consultation with the Minister of Finance, raise money byway of a grant or loan.26. Accounting
Subject to the Public Finance Management Act, 1999, the Board is the accounting authority.27. Financial year of Board
The Board’s financial year is from 1 April in any year to 31 March in the following year, but the first financial year is from the date of the coming into operation of this Act to 31 March of the following year.Chapter Six
General
The purpose of this chapter is to provide for legal procedures and general matters.28. Restriction on use of name
No person may under a name containing the words “Construction Industry Development Board” or the translation thereof in any other official language—29. Enforcement
30. Secrecy
31. Personal liability
A person is not liable in respect of anything done or omitted in good faith in the exercise of a power or the performance of a duty in terms of or by virtue of this Act or in respect of anything that may result therefrom.32. Consultation
33. Regulations
34. Short title and commencement
This Act is called the Construction Industry Development Board Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
27 April 2004 this version
01 December 2000
17 November 2000
13 November 2000
Assented to
Cited documents 4
Legislation 4
1. | Constitution of the Republic of South Africa, 1996 | 4595 citations |
2. | Public Finance Management Act, 1999 | 2190 citations |
3. | Banks Act, 1990 | 858 citations |
4. | Statistics Act, 1999 | 103 citations |
Documents citing this one 109
Gazette 93
Judgment 15
Legislation 1
1. | Prevention and Combating of Corrupt Activities Act, 2004 | 363 citations |