Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)

This Code of Conduct applies to the various parties involved in public and private procurement relating to the development, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling or demolition of a fixed asset including building and engineering infrastructure. In this context, it includes work associated with the provision of supplies, services and engineering and construction works and disposals.

The parties that may be directly and indirectly involved include the following:

Agent:

a natural or juristic person or partnership who is not an employee of the employer who acts on the employer's behalf;

Note: An agent can act in terms of a contract with an employer, in which case, the agent is also a contractor. An agent may also be a tenderer prior to the award of the contract.

Contractor:

a natural or juristic person or partnership who contracts with an employer to perform a contract;

Note: Contracts can relate to services, supplies and engineering and construction works or disposals.

Employer:

a natural or juristic person, partnership, or organ of state entering into the contract with the contractor for the provision of supplies, services, or engineering and construction works:

Note: An institution (a public body i.e. a department, trading entity, constitutional institution, municipality, public entity or municipal entity) which contracts with a contractor is an employer. A contractor who engages a supplier, service provider or a subcontractor is also an employer. An employer is often referred to as a "client".

Employee:

a natural person in the employ of an agent, contractor, employer, subcontractor or tenderer and who acts on their behalf.

Note: An employee includes an official in an organ of state.

Representative:

an elected person who holds a public office or a member of a board or controlling body of an employer who is not an employee;

Subcontractor:

a natural or juristic person or partnership who is contracted by the contractor to assist the latter in the performance of his contract by providing certain supplies, services, or engineering and construction works.

Tenderer:

a natural or juristic person or partnership who submits a tender offer or an expression of interest to perform a contract in response to an invitation to do so.