Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)Chapter Two : Construction Industry Development Board5. Powers, functions and duties of Board |
| (1) | To provide strategic leadership, the Board— |
| (a) | must promote and implement policies, programmes and projects aimed at, amongst others— |
| (i) | support of emerging enterprises sector; |
| (ii) | work process transformation; |
| (iii) | improved labour relations; |
| (iv) | human resource development; |
| (v) | innovation and best practice processes; |
| (vi) | simplification of regulatory procedures; |
| (vii) | procurement reform; |
| (viii) | standardisation and uniformity in procurement documentation, practices and procedures; |
| (ix) | best practice and value for money with regard to design; |
| (x) | regional co-operation; and |
| (xi) | international competitiveness; |
| (b) | may initiate policy refinement and development in cooperation with Government; |
| (c) | must facilitate communication between construction industry stakeholders, all spheres of Government and statutory bodies; |
| (d) | must establish a construction industry stakeholders’ forum as contemplated in section 13; and |
| (e) | must provide information to stakeholders on best practice, industry performance and improvement and generally on matters affecting the construction industry. |
| (2) | To promote best practice, the Board— |
| (a) | must, in consultation with the Minister, determine best practice priorities for the construction industry; |
| (b) | must, by notice in the Gazette, publish best practice standards and guidelines; |
| (c) | may develop targets and performance indicators related to those best practice standards and guidelines and establish mechanisms to monitor their implementation and evaluate their impact; |
| (d) | must establish and maintain a national register of contractors as contemplated in Chapter Four, which provides for categories of contractors in a manner which facilitates public sector procurement and which integrates other statutory contractor registers; |
| (e) | must establish and maintain a best practice contractor recognition scheme as contemplated in section 21, which promotes contractor development and monitors contractor performance; |
| (f) | must establish and maintain the register of projects and the best practice project assessment scheme contemplated in Chapter Four, for the promotion, assessment and evaluation of best practice on construction contracts; |
| (g) | may establish and maintain a register of suppliers, manufacturers or service providers in the construction industry. The provisions of Chapter Four apply with the necessary changes required by the context, to that register; and |
| (h) | may develop and promote other programmes and projects that promote best practice. |
| (3) | To advance the uniform application of policy with regard to construction industry development, the Board— |
| (a) | must promote such uniform application of policy throughout all spheres of Government; |
| (b) | must identify delivery constraints in the public sector and advise the Minister on policy, practice and procedural reform in relation to public sector client performance and public sector capacity improvement; |
| (c) | must, within the framework of the procurement policy of Government, promote the standardisation of the procurement process with regard to the construction industry; |
| (d) | may advise all organs of state on human resource development in relation to public sector management of construction delivery; and |
| (e) | in consultation with relevant institutions and professional bodies, develop and promote appropriate training programmes for public sector officials. |
| (4) | To promote uniform and ethical standards within the construction industry, the Board— |
| (a) | must publish a code of conduct for all construction-related procurement and all participants involved in the procurement process; and |
| (b) | may initiate, promote and implement national programmes and projects aimed at the standardisation of procurement documentation, practices and procedures. |
| (5) | To promote sustainable growth of the construction industry and the participation of the emerging sector therein, the Board— |
| (a) | may monitor economic activity within the construction industry and the measures according to which public sector spending is scheduled; |
| (b) | must consult with all organs of state to identify construction-related budgets and the application thereof; |
| (c) | may assess the impact of public expenditure on the construction industry and advise the Minister accordingly; |
| (d) | may promote export of construction goods and services; |
| (e) | may, subject to the Statistics Act, 1999 (Act No. 6 of 1999), collect statistics from contractors, suppliers, manufacturers and service providers in the construction industry, including the size and nature of their business undertakings and the size and nature of the projects they undertake; |
| (f) | may conduct surveys of the construction industry for the purpose of this Act; |
| (g) | may monitor national programmes aimed at, amongst others— |
| (i) | promotion of the emerging sector; |
| (ii) | work process transformation; |
| (iii) | innovation and best practice processes; |
| (iv) | streamlining regulation and procedures; |
| (v) | procurement reform; |
| (vi) | standardisation and uniformity in procurement documentation, practices and procedures; |
| (vii) | best practice and value for money with regard to design; |
| (viii) | regional co-operation; and |
| (ix) | international competitiveness; and |
| (h) | must publish quarterly and annual reports on the state of the industry. |
| (6) | To promote appropriate research, the Board— |
| (a) | may develop, promote and update a construction industry research agenda that defines national development priorities; and |
| (b) | may establish a knowledge centre through which industry and clients can access knowledge and experience on innovation and best practice. |
| (7) | To implement policy, the Board— |
| (a) | must submit an annual business plan to the Minister for approval, subject to section 32; |
| (b) | must annually report to the Minister on the implementation of its business plan; and |
| (c) | must, subject to section 14, at least once every five years, obtain an independent evaluation of itself regarding its effectiveness. |
| (8) | The Board may advise the Minister on policy and legislation impacting on the construction industry or propose amendments to this Act to the Minister. |
| (9) | The Board may advise the Minister on the effectiveness of the implementation of policies, programmes or legislation developed by the Minister or by the Board. |
| (10) | The Board may— |
| (a) | provide services in relation to its objects to any person, body of persons or organ of state and charge fees for those services; |
| (b) | establish a committee to assist it in the performance of its functions and appoint any person as a member of that committee after due consideration of provincial representation; |
| (c) | enter into an agreement with any other person, body of persons or organ of state to perform any of its functions; and |
| (d) | perform such other functions as may be prescribed and generally do all such things as it considers necessary to achieve the objects of this Act. |