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Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)NoticesStandard for Developing Skills through Infrastructure Contracts, July 20202. Terms and Definitions |
For the purposes of this document, the following terms and definitions apply:
| 2.1 | allowance amount provided for in the contract or an order by the employer relating to one or more of the following: |
| (a) | the performance by the contractor of work or services that are foreseen but cannot be accurately specified at the time that the contract was entered into or the order issued; |
| (b) | work or services to be performed, or goods provided, by a subcontractor who is either nominated by the employer or is selected by the employer in consultation with the contractor after the award of the contract or the issuing of an order; |
| (c) | provision for price adjustment for inflation; or |
| (d) | other budgetary provisions intended to cover the employer’s contractual risks |
| 2.2 | artisan a person who has been certified as competent to perform a listed trade in accordance with Section 26B of the Skills Development Act of 1998 (Act No. 97 of 1998) |
| 2.3 | black people a generic term which means Africans, Coloureds and Indians or Chinese and who are a citizen of the Republic of South Africa: |
| (a) | by birth or descent; or |
| (b) | naturalisation occurring before the commencement date of the Constitution of the Republic of South Africa Act, Act No. 200 of 1993 or occurring after the commencement date of such Act, but who, without the Apartheid policy would have qualified for naturalisation before then |
| 2.4 | candidate a person who is registered in a category of registration which ultimately leads to registration in a professional category by one of the statutory councils listed in Table 1 |
| 2.5 | cidb Construction Industry Development Board, established in terms of the Construction Industry Development Board Act of 2000 (Act 38 of 2000) |
| 2.6 | class of construction works the class of construction works referred to in Schedule 3 of the Construction Industry Development Regulations 2004 as amended and published in terms of the Construction Industry Development Board Act of 2000 (Act 38 of 2000) |
| 2.7 | contract amount financial value of the contract at the time of the award of the contract or an order at the time of issue, including value added tax but excluding all allowances and expenses |
| 2.8 | contract skills development credits the number of learners employed by the contractor and placed for continuous training opportunities in a three-month period |
| 2.9 | contract skills development goal (CSDG) the number of hours or head count of skills development opportunities that a contractor contracts to provide in relation to work directly related to the contract or order up to: |
| (a) | completion in the case of a professional service contract; |
| (b) | the end of the service period in the case of a service contract; and |
| (c) | practical completion in the case of an engineering and construction works contract |
| 2.10 | contractor person or organization that contracts to provide professional services, services, goods and related services, or engineering and construction works |
| 2.11 | design and build contract engineering and construction works contract where both the design and the construction are the responsibilities of the same contractor |
| 2.12 | employed learner a learner who was in the employment of an employer prior to the commencement of the contract or execution of the order. Learners deployed from the public sector, other organisations, or other contractors for the purposes of gaining structured workplace learning shall also be considered to be an employed learner albeit that their employer will remain unchanged. |
| 2.13 | Employer person or organization entering into a contract with the contractor for the provision of professional services, services, goods and related services, engineering and construction works (commonly referred to as the client) |
| 2.14 | employer's representative person authorized to represent the employer in terms of the contract |
| 2.15 | engineering and construction works contract, contract for the provision of a combination of goods and services arranged for the manufacture, development, extension, refurbishment, rehabilitation or demolition of a fixed asset, including building and engineering infrastructure |
| 2.16 | expenses costs incurred by the contractor in the performance of the contract or order which are in terms of the contract recoverable from the employer |
| 2.17 | framework agreement, agreement between an employer and one or more contractors, the purpose of which is to establish the terms governing orders to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged |
| 2.18 | mentor a qualified, experienced and, in the case of professionals, registered person, designated to guide a learner or candidate through a structured work experience learning component of a learning programme required for the acquisition of a part or full qualification or professional designation |
| 2.19 | occupational qualification occupational qualification registered on the National Qualifications Framework Act (Act No. 67 of 2008) |
| 2.20 | order the instruction to carry out construction works, services or professional services under a framework agreement |
| 2.21 | part qualification an assessed unit of learning that is registered on the National Qualifications Framework as part of an occupational qualification |
| 2.22 | practical completion the state of completion at the end of construction required in terms of an engineering and construction works contract |
NOTE: Practical completion is commonly understood to be a state of readiness for occupation of the whole works although some minor work may be outstanding. Practical completion in an engineering and construction works contract occurs when:
| (a) | FIDIC Short Form of Contract: the date when the Employer considers that the Works have been completed in accordance with the Contract, except for minor outstanding work and defects which will not substantially affect the use of the Works for their intended purpose. |
| (b) | FIDIC Red, Silver and Yellow Book: the date when the Engineer determines that the Works have been completed in accordance with the contract except for minor outstanding works and defects which will not substantially affect the use of the works for their intended purpose. |
| (c) | GCC 2010: the date when the Engineer certifies that the whole or portion of the Works has reached a state of readiness, fit for the intended purpose, and occupation without danger or undue inconvenience to the Employer, although some work may be outstanding. |
| (d) | JBCC 2000 Principal Building Agreement and JBCC Minor Works Agreement: the date when the principal agent decides that the completion of the works has substantially been reached and can be used for the purpose intended. |
| (e) | NEC3 Engineering and Construction Contract: the date when the Project Manager decides that the Contractor has reached Completion as defined in the contract. |
| (f) | NEC3 Engineering and Construction Short Contract: the date when the Employer decides that the Contractor has completed the works in accordance with the Works Information except for correcting notified Defects which do not |
| 2.23 | professional category a category of registration identified in Table 1 or such other category recognised by the Employer in the application of this standard. |
Table 1: Categories of registration
|
Profession |
Category or registration |
Act |
|
Architectural
|
Architect, Senior Architectural Technologist, Architectural Technologist or Architectural Draughtsperson |
Architectural Profession Act of 2000 (Act No. 44 of 2000) |
|
Construction project management |
Construction Project Manager |
Project and Construction Management Professions Act of 2000 (Act No. 48 of 2000) |
|
Construction management |
Construction Manager |
|
|
Engineering |
Engineer, Engineering Technologist, Engineering Technician or Certificated Engineer |
Engineering Profession Act of 2000 (Act No. 46 of 2000) |
|
Health and Safety Practitioners |
Construction Health and Safety Agent, Construction Health and Safety Manager, Construction Health and Safety Officer |
Occupational Health and Safety Act of 1993 (Act No. 85 of 1993) Construction Regulations, 2014 |
|
Landscape Architectural |
Landscape Architect, Landscape Technologist, Landscape Technician or Landscape Assistant |
Landscape Architectural Profession Act of 2000 (Act No. 45 of 2000) |
|
Planning |
Planner or Technical planner |
Planning Profession Act, 2002. (Act No. 36 of 2002) |
|
Quantity surveying |
Quantity surveying |
Quantity Surveying Profession Act of 2000 (Act No. 49 of 2000) |
|
Scientists |
Natural scientists |
Natural Scientific Professions Act (Act No. 27 of 2003) |
|
Surveying |
Land surveyor, Engineering surveyor or Technician engineering surveyor |
Professional and Technical Surveyors' Act (Act No. 40 of 1984) |
|
Valuers |
Valuer or Associate Valuer |
Property Valuers Profession Act (Act No. 47 of 2000) |
| 2.24 | professional fees financial value of a professional service contract at the time of the award of the contract or an order at the time of issue, excluding all allowances and expenses, but including value added tax |
| 2.25 | professional service contract, contract for the provision of services with the skill and care normally delivered by professionals |
| 2.26 | Sector Education and Training Authority (SETA) an institution established under section 9 of the Skills Development Act, Act 97 of 1998 and which has the responsibility under this Act to register learners on learning programmes |
| 2.27 | service contract, contract for the provision of labour or work, including knowledge |
| 2.28 | site means the land or place made available by the employer, for the purposes of the contract or order, on, under, over, in or through which the works or services are to be executed |
| 2.29 | skills development agency (SDA) an agency which performs some or all the functions set out in section 4.1.5. |
| 2.30 | statutory council a council established as follows: |
| (a) | South African Council for the Architectural Profession, established by the Architectural Profession Act of 2000 (Act No. 44 of 2000); |
| (b) | South African Council for the Project and Construction Management Professions, established by the Project and Construction Management Professions Act of 2000 (Act No. 48 of 2000); |
| (c) | Engineering Council of South Africa, established by the Engineering Profession Act of 2000 (Act No. 46 of 2000); |
| (d) | Construction Health and Safety Practitioners established by the Occupational Health and Safety Act of 1993 (Act No. 85 of 1993) |
| (e) | South African Council for the Landscape Architectural Profession, established by the Landscape Architectural Profession Act of 2000 (Act No. 45 of 2000); |
| (f) | South African Council for the Quantity Surveying Profession, established by the Quantity Surveying Profession Act of 2000 (Act No. 49 of 2000); |
| (g) | South African Council for Professional and Technical Surveyors, established by the Professional and Technical Surveyors' of 2000 (Act No. 40 of 1984); |
| (h) | South African Council for Planners, established by the Planning Professions Act of 2002 (Act No. 32 of 2002); |
| (i) | South African Council for Natural Scientific Professions, established by the Natural Scientific Professions Act (Act No. 27 of 2003); or |
| (j) | South African Council for the Property Valuers Profession established by the Property Valuers Profession Act (Act No. 47 of 2000). |
| 2.31 | structured mentorship, mentorship provided by a person who is registered in a suitable category of professional registration by a professional body or statutory council who leads and directs a candidate towards professional registration |
| 2.32 | structured workplace learning component of learning in an occupational qualification or work placement for a professional designation whereby a learner is mentored by a qualified, and where required, registered mentor in the application and integration of the knowledge and practical skills learnt, under supervision, in the actual context of a workplace in accordance with the prescripts set by the relevant qualifying authority, professional body or statutory council |
| 2.33 | supervisor a supervisor is a person in the particular workplace charged with the responsibility of allocating workplace tasks to a learner that are aligned to the prescriptions of their learning programme and of overseeing and reporting on that learning using a formally agreed record keeping system |
| 2.34 | unemployed learner a learner who was not in the full-time employment of the contractor prior to the commencement of the contract or execution of the order and is appointed by the contractor or SDA on a limited duration employment contract linked to the prescriptions of a structured workplace learning programme. Their conditions of employment shall not be less favourable than those set out for such learners on learnerships set out in section 18 (3) of the Skills Development Act (Act 97 of 1998) |
| 2.35 | work integrated learning the workplace learning component required by learners completing a national diploma at a University of Technology or Comprehensive University |
