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CONTRACTORS RESOLVE TO HALT CONSTRUCTION REGULATIONS

23/10/2017 05:23:00 BY KWANELE DHLADHLA

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MATSAPHA – Contractors have taken a stance to halt promulgation of the contentious construction industry regulations into law.

At a meeting convened by concerned contractors on Friday at Esibayeni Lodge, a unanimous decision was reached by nearly 100 contractors to appoint a working committee that would, among other priorities, write a letter to the Minister of Public Works and Transport, Parliament and Construction Industry Council (CIC), to stop implementation of the proposed construction industry regulations until such time that contractors and CIC have reached common ground.

The meeting, which was snubbed by the Swaziland Contractors Association (SCA) after having issued a statement disowning the meeting, was guarded by two officers from the Royal Swaziland Police (RSP).
Moses Motsa, who was elected as one of the members of the working committee, explained to members that it would be folly to argue and fight about who should be in charge of SCA, while CIC goes ahead with the proposed regulations that have a serious bearing to companies in the construction industry.

“The priority for all of us at this point should be to see to it that the regulations are not passed into law as is. For instance, I also have a construction company that does not tender for jobs but feel there is a need to have the draft regulations amended because I cannot be in a position to pay the hefty registration fees,” said Motsa.

Roots Construction’s Reuben Msibi, pleaded with contractors to be united in the quest to make the regulations friendlier to companies. He said without being disrespectful and wanting to sound unfair to CIC as regulator of the construction industry, their intention was to only deal with the issues which they feel would disadvantage contractors from conducive work environments. “We want regulations for the Swazi people, not something that was copied from other States,” said Msibi.

Lilawu Construction’s Bhekisisa Mavimbela, who was also elected as a member of the working committee, also mentioned that they would see to it that interests of contractors were served against all odds. He stated that issues which include high registration fees, among others, would remain priority areas for the working committee. Maurice Du Pont said it would be highly important for the working committee to ensure that interventions from all sectors of society, including people at rural areas, get an opportunity to make their submissions into how they feel the construction industry should be regulated. It should be pointed out that the construction industry is set for a major shake-up.
The changes will come about as a result of the proposed regulations which were collated in line with the Construction Industry Act of 2013 (The Act). An analysis of the regulations by the Business Desk has unearthed 19 major changes that may soon be applicable in the construction industry landscape.

According to the draft regulations – currently under public review – the council ought to maintain a register of projects which shall record the following: all construction projects of private individuals for personal use in excess of E150 000, all public projects and private commercial projects and other construction projects, as the council shall deem appropriate irrespective of the value of the project.
“Every contractor shall, 14 days before the commencement of construction works on any project undertaken by such contractor, ensure that the project is registered with the Council for Construction Levy Assessment,” read the draft regulations in part.

It has been precisely stated that every contractor should possess a levy clearance certificate or preliminary certificate before commencement of construction works.
“Failure to produce either of the certificates shall result in stoppage of construction works,” it was emphasised.

On the imposition of administrative penalties, it was stated that in line with the provisions of the regulations, CIC may impose penalties as deemed appropriate in respect of any offence committed.