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

Notices

Best Practice Project Assessment Scheme: Standard for Contract Participation Goals for Targeting Enterprises and Labour through Construction Works Contracts

Appendixes

Appendix B : Guidelines for Community Engagement
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Appendix B : Guidelines for Community Engagement

 

Public engagement and participation is a principle that is accepted by all spheres of government in South Africa. Engagement and participation also helps to build an informed and responsible citizenry with a sense of ownership of government developments and projects. It allows employers to get buy-in and to develop partnerships with stakeholders8,9.

 

This Appendix presents guidelines for community engagement on Contract Participation Goals (CPGs) which employers may include in the delivery of construction works contracts. The guidelines are restricted to use for where Contract Participation Goals are specified for targeted areas in terms of:

(a)one or more Metropolitan or District Municipalities;
(b)one of more Local Municipalities; or
(c)one or more Wards that are wholly located within an area within a predefined radius of the construction activity .

 

Such community engagement should be undertaken at concept and viability stage, which establishes the detailed brief, scope, scale, form and control budget, and sets out the integrated concept for one or more packages (Stage 4: Concept and Viability:National Treasury Standard for Infrastructure Procurement and Delivery Management (SIPDM)).

 

B1.        Legislative and Policy Context

 

The context and purpose of the engagement must be communicated to the community.

 

The use of preferential and targeted procurement as an instrument to effect socio-economic change is one of the central strategies of government. By using procurement optimally employers can achieve development goals without compromising on effective delivery and maintenance of infrastructure.

 

The Standard for Infrastructure Procurement and Delivery Management by the National Treasury (effective from 1 July 2016) was issued as an instruction in terms of Section 76(4)(c) of the Public Finance Management Act of 1999 (Act No.1 of 1999).

 

The SIPDM establishes control frameworks for:

(a)the planning, design and execution of infrastructure projects and infrastructure procurement;
(b)requirements for a number of matters as applied to the supply chain management system for infrastructure procurement and delivery management; and
(c)minimum requirements for infrastructure procurement.

 

The SIPDM also establishes developmental or secondary procurement policy relating to Broad-Based Black Economic Empowerment (B-BBEE), and where appropriate, work opportunities for target groups and national development goals. The SIPDM furthermore establishes targeted procurement procedures that may be used to promote social and economic objectives, as well as those for specifying minimum local content.

 

Requirements relating to the preparation of procurement documents, and the solicitation and evaluation of expressions of interest and tenders are linked to the South African National Standard, SANS 10845 Construction Procurement – which the Standard for Contract Participation Goals is aligned to.

 

The Standard for Contract Participation Goals prescribes maximum contract participation goals, the content of which should be shared with the affected communities.

 

B2.        Purpose of Community Engagement

 

The purpose of the community engagement should be to:

(a)communicate the legislative and policy context within which the employer has determined the contract participation goals for the construction works contract;
(b)(if available) communicate the employer’s feasibility study that was been undertaken to verify that the contract participation goal can realistically be achieved within the targeted area;
(c)communicate the dispute resolution mechanism that the employer will establish to receive and facilitate resolution of community matters affecting the performance of the construction works contract;
(d)seek agreement from the affected community to abide by the employer’s judgement and specification in its determination of the contract participation goals; and
(e)reduce the risk to the employer and the contractor of unintended community matters impacting on the construction works contract.

 

B3.        Community Project Committee (CPC)

 

A Community Project Committee should be established to facilitate and to obtain agreement on the community participation. The following role players should be involved in the Community Project Committee:

(a)relevant Ward Councillor(s);
(b)relevant community leaders; and
(c)relevant community participants, as determined by the Ward Councillor(s).

 

B3.        Social Facilitators

 

Community engagement should make use of trained and experienced social facilitators well experienced social facilitators with experience in community engagement, conducting situational analysis within the targeted community.

Guidelines for the minimum requirements for the appointment of a social facilitator are given below:

(a)At least 4 years’ experience in social facilitation with emphasis on community engagements and consultations.
(b)Experience of working in similar targeted communities.
(c)Ability to conduct enumeration using electronic devices and system to allow for collection of real time data, mapping of communities and profiling of enterprises, labour and households.
(d)Experience in undertaking socio-economic/situational analysis in similar targeted communities.
(e)Experience in community empowerment, skills facilitation and capacity building within similar targeted communities.
(f)Proven ability in effective written and oral communication.
(g)Proficiency in the use of standard word processing, web browsers, spreadsheets and presentation software, database systems.
(h)Institutional capacity to successfully carry out an assignment of the required nature.

 

B4.        Outcome of Community Engagement

 

The intended outcome of the community engagement is to obtain a written agreement between the employer and the affected community:

(a)to abide by the employer’s judgement and specification in its determination of the contract participation goals; and
(b)to abide by mediation as the dispute resolution mechanism to be implemented in the case of any disputes.

 

The written agreement must be signed off by the employer and the Community Project Committee, and should be appended to the contract data.

 

                                                                                                           

 

8ETU. Accountability and Community Participation, Community Organisers Toolbox. Education and Training Unit for Democracy and Development, http://etu.org.za/toolbox/
9PSC (2010). Template for Developing Guidelines on Public Participation. Public Service Commission, www.psc.gov.za/documents/guidelines.asp