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

Prior to the appointment of the Community Liaison Officer (Section 6), the employer shall undertake a process of engagement with the targeted communities where contract participation goals are to be specified for targeted areas in terms of:

The employer shall facilitate the establishment of a Community Project Committee (CPC) representing the affected communities. The Community Project Committee should include the affected Ward Councillor(s) and relevant community leaders. The employer engagement with the Community Project Committee shall seek to obtain agreement with the community on the targeting strategy, contract participation goals to be employed on the construction works and dispute resolution mechanisms (Section 5.2). The agreement reached by the employer with the Community Project Committee shall be included in the contract data.

Guidelines for the community engagement process are given in Appendix B, and a model agreement between the employer and the Community Project Committee is given in Appendix C.

Disputes by community participants affecting the performance of the construction works contract, but which fall outside the contract between the contractor and targeted enterprises and targeted labour, shall be brought to the Community Project Committee for resolution through mediation.

The resolution of the disputes by community participants shall be firstly sought through mediation by a member of the Community Project Committee, who is identified and appointed by the Committee.

Where resolution of the dispute is not achieved through the Community Project Committee, resolution of the disputes by community participants shall then be sought through mediation by an appointed representative of the employer.

Note: Guidelines for conducting mediation can be obtained from:

• South Africa Branch of the Chartered Institute of Arbitrators (CIArb), http://www.ciarb.org/branches/africa/south-africa

• The Arbitration Foundation of Southern Africa; http://www.arbitration.co.za/

The outcome of such mediation shall be binding on the employer and the affected community, represented by the Community Project Committee.

Note: Where progress on the contract programme is delayed due to community participation matters, the principal contractor shall have the right to claim for time and cost delays in terms of the relevant Conditions of Contract.