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

Board Notices

Code of Conduct for the parties engaged in Construction Procurement
4. Enforcement of the Code of Conduct

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Section 29 of the Construction Industry Development Board Act, 2000 makes provision for the enforcement of this code of conduct. To this end, the Board may convene and conduct an enquiry into any breach of the code and to subpoena any person to appear in person at or produce documents relating to an inquiry. The Board may, as appropriate, sanction those who breach the code of conduct by issuing a warning or a fine, referring the matter to the South African Police Services, referring the matter where a breach is in respect of an official to the accounting officer for action in terms of the Public Service Act, deregistering contractors for a period of time or referring the matter to a statutory body that has jurisdiction over the matter. Regulations are being prepared in this regard.

 

Sanctions by the Board are, however, a reactive way to enforce the code of conduct. A more proactive way is for all parties to commit to adhere to the code and to do business only with those who do likewise. Should this be done, adherence to the principles of the code will form an integral part of all business processes.