About Contractual Affairs

Introduction

In order to comply with the requirements of the Constitution of South Africa, and to align procurement by organs of state with that of institutions such as the World Bank, government decided to move away from the old procurement policies that made use of fee scales and rosters, toward a system of open tendering for government projects. Ever since, the legislative environment has changed dramatically. In addition the Construction Industry Development Board (CIDB) body was brought into being in order to promote uniformity and best practice in the construction industry. This necessitated even more legislation.

The Contractual Affairs (CA) division of CESA came into being in March 2005 in order to address the need for assistance to member firms arising from the myriad of new legislation pertaining to procurement, as well as to render assistance relating to contract documentation and other related issues.

The main focus areas of CA are as follows:

Procurement

The following assistance is rendered in this regard:

• Procurement legislation and regulations
  CA assists members and clients alike with queries relating to procurement legislation. The legislative environment is also monitored to keep members up to date with the latest information.
  
• Illegal procurement policies of public sector clients
  Member firms can report illegal prescripts in the procurement policies of public sector clients to CA who will engage the client on their behalf. This will be done in cooperation with the CIDB or National Treasury where applicable.
  
• Contracts
  Assistance is also rendered in the interpretation of procurement contracts, and other contractual queries.

Other legislation

The CA division assists members in matters relating to other legislation pertaining to the construction industry such as for example the Occupational Health and Safety Act and the Construction Regulations, promulgated in terms of the Act.

Liaison

The CA division is involved in liaison with certain public sector clients such as the Department of Public Works, SA National Roads Agency Limited,Department of Transport, Eskom, and other organs of state such as the Construction Industry Development Board, ECSA (fees forum), and National Treasury. It also takes part in liaison with other Built Environment Professionals (BEP) where matters affecting common interests are at stake. These include the Association of SA Quantity Surveyors (ASAQS), the SA Institute of Architects(SAIA) and the SA Black Technical and Allied Careers Organization (SABTACO). The BEP committee is the forum used for these discussions.

Committees of CESA

Assistance is rendered to committees of CESA looking into matters affecting the business of members. These include the Supply Chain Management and Quality and Risk committees. Assistance is also provided to the Disciplinary Committee, where matters pertaining to contraventions of the CESA code of conduct, are on the agenda. The CA division is represented on the DPLG committee, where CESA and the Department of Provincial and Local Government jointly monitor the progress and functionality of assistance rendered to unblock service delivery in certain municipalities.

For information relating to Contractual Affairs, contact Wally Mayne at:
Tel: (011) 463 2022
Fax: (011) 463 7383