23343 SAB 11/2013

In the past month, we were privileged to witness and to participate at the launch of the revised Construction Industry Regulations. The Regulations, promulgated by the Minister of Labour, have been years in the making encompassing consultation process with various stakeholders in the industry. Part of this process was conducted through the Task Team, of which both Master Builders South Africa (MBSA) and Master Builders Association – North (MBA-N) were members.

The new Regulations come into effect at an opportune time, right at the onset of the Commission of Inquiry into the Tongaat Mall disaster. It is without a doubt a significant piece of legislation for an industry that has been beset with, and has been struggling to contain, injuries and fatalities on site. Furthermore, the new Regulations promise to bring about an end to the debate regarding the ultimate responsibility of health and safety in building projects. One of the main and perhaps most significant features of the Regulations is the inherent recognition that health and safety on a construction site is a shared responsibility involving the design team, the client, the contractor, the labour force and government. All of these parties are now working together On the Road to ZERO.

The strategic importance of the industry to the economy of our country was further validated in the words of the Minister who stated that “for the country’s economy to grow, proper infrastructure, including cities and towns is needed and the only industry that can make this possible is the construction industry”. With this belief and understanding, it is up to all stakeholders in our industry to work together to ensure zero harm on our sites.

Yet another recent significant and opportune event in the industry late this month has been the launch of the Energy Efficient Clay Brick Project in South Africa. The project, a collaboration between the Clay Brick Association and the Swiss

Agency for Development and Cooperation is geared towards building sustainable future with Energy Efficient clay bricks. On the cover of this issue is an exciting feature on the World of Bricks.

The story details the full extent of the superior energy efficiency of clay brick, including the areas of durability and longevity, energy efficiency, indoor air quality and investment value. “The experiences of those living in clay brick house and the enviable record of clay brick in construction, compound to reaffirm that clay brick buildings, designed and specified with “nature in mind”, stand in unique space for addressing today’s greater sustainability record”.

This message could not be more relevant for the consumer and the industry as a whole as we deal with the reality of power shortages and outages by Eskom necessitated by the country’s over reliance on electricity as a source of energy. Along with alternative sources of energy that the government is exploring, is the responsibility of the consumer to use alternative building materials that are proven to be energy efficient. Inside we also show you projects that show the innovative use of bricks in architecture around the world, including the Mapungubwe Interpretation Centre in Limpopo and the Tate Modern Project in London.

As the conversation around energy efficiency gains much traction in South Africa, we are delighted to congratulate Mr. Bruce Kerswill, the Executive Chairman of the Green Building Council of South Africa, on his appointment as Chair of World Green Building Council. On behalf of Master Builders South Africa, we wish him well in this new and influential position addressing climate change.

On the ROad tO ZeRO

MARCH 2014

co

mm

en

t

Tumi Dlamini, executive director

1

Master Builders south africa tumi dlamini – executive director Pierre fourie – operations director

234 Alexandra Avenue, Halfway House, Midrand Box 1619, Halfway House, 1685 Tel: 011 205 9000 Fax: 011 315 1644 Website: www.mbsa.org.za e-mail: info@mbsa.org.za

MBsa Members: See last page

MalNor (Pty) limited 2 Hermitage Terrace, Richmond, Johannesburg Private Bag X20, Auckland Park, 2006 Tel: 011 726 3081/2 Fax: 011 726 3017 e-mail: magazines@malnormags.co.za Website: www.malnormags.co.za

www.sabuilder.co.za

Publisher: Ken Nortje

Manager: Wendy Ansell

sales manager: Sophia Nel

Project manager: Sophia Nel

editor: John Thomé e-mail: john@sabuilder.co.za

advertising: Wendy Ansell 011 726 3081 e-mail: wendy@sabuilder.co.za

Production: Johan Malherbe Meinardt Tydeman Jenny van Lelyveld

accounts: e-mail: accounts@malnormags.co.za

subscription rates: Local: R360,00 Africa: R390,00 Overseas: R2 050,00

despatch: Willie Molefe

Printer: Typo Colour Printing

Whilst every effort is made to ensure

accurate and objective reporting, the

publisher cannot be held responsible for

inaccurate information published.

The opinions expressed by contributors are

not necessarily those of the publisher or

MBSA.

Copyright: All rights reserved

BEE Compliant

1069

th i

ssu

e -

Est

ablis

hed

192

3 -

MA

RC

H 2

014

The official journal of Master Builders South Africa

24

18

Comment – by the executive director of MBSAOn the Road to Zero ...................................... 1

MBA news – featuring MBA NorthMBA North holds its 110th AGM ..................... 4

President’s Report .......................................... 4

MBA North honours Eunice Forbes................ 6

Interest rates set to soar ................................ 6

The time is now to shape our own destiny!.... 7

MBA North Exco members ............................. 7

MBA North to offer workshops on new Construction Regulations ............................... 8

A boost for emerging contractors ................... 8

Construction health and safetyOn the Road to Zero – launch of the new Construction Regulations ............................. 10

Create a Safety Team in 2014 ..................... 12

Industry news“Municipal Banks” is where SA must move to -CESA ............................................. 13

SONA – what of building South Africa beyond 2014? ............................................... 14

Massmart partners with Standard Bank for BEE contractors ........................................... 14

NDP upped to R847 billion over the next three years ................................................... 15

Support the CIVILUTION – a truly bold initiative......................................................... 16

Roofing and insulationThe “de facto” method of roof ridge and hip-line fixing ................................................ 18

Roofing association SAMCRA forges ahead on SANS 10237 ................................ 20

Energy saving made simple – Eco-Insulate.................................................. 20

Modern materials enhance a traditional product.......................................................... 21

Concrete roof tiles – rural production made easy .................................................... 22

World of bricksFace brick enhances PE’s Helenvale Resource Centre .......................................... 24

2

Cover

The official journal of Master Builders South Africa

28 42

contents

40 storysee page 26

SA Builder is available online:

Visitwww.sabuilder.co.za

COVER STORYClay brick – achieving greater sustainability ................................................. 26

Innovative use of bricks in architecture around the world........................................... 28

Oconbrick – supplier of choice for Green Star banks .................................................... 30

Leo Bricks emerges...................................... 30

Concrete brick workshop sessions add value to market ............................................. 31

The NHBRC reviews its Technical Requirements and Home Building Manual... 32

Adjudication, mediation & arbitrationAdjudication is working well in South Africa ............................................................ 34

Adjudication: the South African experience to date .......................................................... 35

An absolute obligation? The agent’s duty post termination of mandate ......................... 39

Project newsAfrica hamstrung by lack of reliable infrastructure................................................. 40

INTO AFRICAPayment protection vital for business operations in Nigeria .................................... 42

Company newsGyproc celebrates 85 years of innovation ..................................................... 44

Events 2014Forthcoming events for the building and construction industry .................................... 46

A blast from the pastExtracts from the South African Builder archives – 1929 ............................................ 46

People .....................................................47

MBSA members and affiliates ................................................. 48

3

MARCH 20144

mba news

The meeting, which was brisk and positive, was opened by the incumbent President, Hennie Bester. The financial statement was delivered by Treasurer, Neil Duncan, who reported that the Association was

in a very good financial position with considerable surplus funds. Upon which Nico Maas noted from the floor:

“We are not a bank, we must ensure that funds are properly allocated to benefit our members.” The proposal was accepted for subsequent discussion and implementation by the Executive Committee.

The guest speaker for the occasion was Nishaan Deshai, Principal at Colourfield Liability Solutions. He spoke about the economic outlook for 2014 with reference to the building industry. (see page 6).

The highlight of the meeting was the bestowing of Honorary Life Membership of MBA North on Past President Eunice Forbes (see page 6).

At the meeting MBA North also paid tribute to the late Tino Lavarinhas who passed away in 2013 at the age of 79. Tino was the driving force of Ohlhorst Africa, a long standing member company of MBA North. His exuberant spirit will be truly missed by his friends, colleagues and loving family.

Election of Office Bearers and Exco members followed in which Lea Smith was elected as President and Charl Venter was re-elected as Vice-President for the forthcoming term. See Page 7 for South African Builder’s interview with the new President, Lea Smith as well as comment from the Vice-President. ■

MBA North holds its 110th AGMOffice bearers and members of Master Builders Association North (MBA North) gathered

in Midrand in February for the Association’s annual general meeting, under the slogan

“Building together for 110 years”.

Pictured at the MBA North AGM are: Mohau Mphomela – Executive Director of MBA North, guest speaker Nishaan Deshai – Principal at Colourfield Liability Solutions and Hennie Bester –

outgoing President of MBA North

Hennie Bester, who returned to office at short notice in 2013 following the resignation of then President, David Dworcan, thanked executive director of MBA North, Mohau Mphomela, Past Presidents Eunice

Forbes and Nico Maas for their considerable support and assistance throughout the year in chairing various Officers’ and EXCO meetings.

He announced that Master Builders South Africa (MBSA) has launched a major drive to encourage builders from

all races to become Master Builders. “The building industry, regardless of colour, is looking to MBSA to lead them in all spheres of the sector industry,” he said.

Bester repeated his appeal to all Master Builder associations to focus on inviting previously disadvantaged contractors to join their respective MBA associations in their region. “MBA North is focussing intensely on this initiative and is in the process of appointing a new business development director to stimulate the recruitment of all Master Builders – regardless of race or creed,” he stressed.

MBA North has several projects in progress to encourage multi-racial membership. Small contractors’ forums have been approached and communication is underway to investigate ways MBA North can develop and assist smaller contractors to become Master Builders. “MBA North also supports Khuthaza and other similar bodies by offering our services and training to their members.”

Turning to health and safety, Bester said MBA North is encouraging members to promote safe working conditions on all sites. “We have started a section for small contracts and for sub-contractors to encourage all members to participate in our annual regional health and safety competition to improve their own safe operations,” he added.

He said the South African building industry faced three major challenges:

managing the change from survival to growth;• addressing the lack of skills that is looming; and• coping with the new BEE targets imposed by the • government.

“The new BB-BEE targets set in place seem onerous and we encourage members to participate in the events planned to inform all of these targets,” Bester added. ■

President’s Report

“We need more Master Builders”: Hennie Bester, outgoing

President of MBA North

2383

9 S

AB

03/

2014

MARCH 20146

mba news

In presenting the award, Mohau Mphomela, executive director of MBA North, highlighted some of Ms Forbes’ many attributes which contribute to her ability to reach such heights:her 36 years of business management experience, • particularly in owner-managed concerns across a broad spectrum of service industries;her skills in lateral thinking, analytical decision-making, • skilful negotiation and effective business strategy and entrepreneurial acumen;her proven track record for product and business • development; and her ability to work well under pressure and in • deadline situations.

Forbes, owner and managing director of leading sport surfaces supplier, Fintrex – which also exports its products to many countries throughout Africa – has held or still holds membership and executive positions in an impressive range of professional bodies. Included are Nafcoc-JCCI, African Federation for Construction Contractors Association (AFCCA) as MBSA representative for Southern Africa, SA Women in Construction, SABS, and Construction Sector Charter Council of the Dept of Public Works Ministry.

A spirited campaigner for equal rights for women and disabled people, Forbes served on the National Disability Task Team on behalf of BUSA. She is also a member of several MBA North and MBSA committees.

Her tireless work in cementing ties between MBSA and its counterparts in the rest of Africa – through her close association and later representing MBSA at the African Federation for Construction Contractors Association – is particularly noteworthy and led to the African body’s Executive Bureau meeting in South Africa for the first time in its history.

She was awarded Honorary Life Membership of Master Builders South Africa in 2012.

In accepting this honour, Forbes, in a voice charged with emotion, addressed the gathering saying “It is with great humility that I accept this honour. There is still a great deal of work to be done, especially for women in construction and the disabled.”

She thanked fellow colleagues and professionals who have supported her over the years. “I will continue to serve the industry, dedicating time to health and safety and the safety of children in playgrounds.”

To which all present rose as one to offer her a standing ovation. ■

MBA North honours Eunice Forbes

At its Annual General Meeting in Midrand in February, Master Builders Association North bestowed Honorary

Life Membership on Eunice Forbes, one of its pioneers and stalwarts. Forbes was the first woman to be

president of MBA North (then Gauteng Master Builders Association), serving from 2004 to 2006; and also the

first to be president of Master Builders South Africa, from 2007 to 2009.

Eunice Forbes, the first woman to become

president of both Master Builders SA and Master Builders

Association North, has been awarded Honorary

Life Membership by MBA North

This is according to Nishaan Desai, Principal at Colourfield Liability Solutions in his address as guest speaker at the MBA North AGM.

More recent economic setbacks such as the decline in the rand value and the early rise in interest rates in February had aggravated the decline in confidence in the future of the building industry by architects and quantity surveyors reflected in the latest FNB/BER Building Confidence Index, said Desai. There was a 13 point drop in confidence among architects and 11 point drop among quantity surveyors in the last quarter of 2013.

He added that infrastructural development already budgeted for by the government should be a lifeline for the struggling building sector in the year ahead – a comment immediately

scoffed at by some members of MBA North who complained that this governmental spending had been ‘just talk’ for more than five years if not longer.

“The rand has dropped 20% in value over the past year, along with similar declines in the other four members of the so-called ‘Fragile Five’ economies of Turkey, Indonesia, Brazil and India which all rely heavily on foreign capital flows to offset their current account deficits.

“We expect the rand to stay weak with the situation aggravated by anaemic GDP growth, and the current account deficit. Inflation could also become a major concern as petrol price rises influence the price of other commodities, notably food prices. But the rand should hopefully stabilise between R11 to R12 against the US dollar.” ■

Interest rates set to soar

Interest rates could rise by up to 2,5% over the next 18 months. “The cost of building will therefore increase

substantially so lower activity in the residential sector can be expected.”

MARCH 2014 7

mba news

Referring primarily to skills training and education for the industry, Smith said the introduction of the new Quality Council for Trades and Occupations (QCTO) gives the construction industry the

opportunity to take ownership of its own destiny and to really make a difference. Working through the new QCTO processes the building and construction industry is able to set up procedures that aid with the management and the all-important quality control of various construction related occupational qualifications. By doing this the industry is not only able to take ownership of its own training destiny, but is able to assist the Construction and Education and Training Authority (CETA) in achieving its goals.

“A national survey has been initiated across all Master Builders Associations in the various regions as the first step in the process of addressing national training requirements for the building and construction industry,” said Smith. Also high priorities for Smith and his team in his forthcoming term of office are enhanced member services and increased member retention for MBA North, as well as more intensive liaison with local government on behalf of the industry – in particular local Premiers, municipalities and local authorities; and finding new revenue streams for the Association.

“In addition,” said Smith, “we plan to provide a platform to engage and nurture the youth within our industry. From

students to young managers we will mobilise resources to grow key people to drive our industry.” Charl Venter, on embarking on his second year as vice-president of MBA North, concurred with the president’s goals and vision. “Our main objective is to enhance our offering to members, particularly through the consolidating of industry training programmes,” said Venter. “In this way we as MBAs will in due course have in place all the training necessary for the construction industry “in-house”, fully independent of other bodies. Individuals will be registered on a common database on which their listed trades and industry related qualifications will be tracked and monitored on an ongoing basis, as a permanent reference record wherever they may work.”

Venter explained that, in the same way, construction health and safety programmes will be escalated, providing members with the opportunity to align their operations to the newly promulgated revised Construction Regulations (see pages 8 and 10).

“Promotion of the MBA North brand is integral to these plans,” said Venter. “Only through embedding the brand and direction of MBA North will awareness of the capabilities, services and benefits available – not only to members – but to the industry and the public at large, be properly communicated.” ■

The time is now to shape our own destiny! “The time is now to take ownership of our own destiny as MBA North,” said newly elected

President of Master Builders Association North, Lea Smith, in an interview with South African Builder.

MBA North EXCO members 2014 (new members highlighted)

Member name: Company name:

Hennie Bester Gauteng Piling (Pty) Ltd

Bradley Boertjie Liviero Building (Pty) Ltd

Leon Botha Murray and Roberts Construction (Pty) Ltd

Peter Buchel Buchel Hardware (Pty) Ltd

Deon Calitz WBHO Construction (Pty) Ltd

Penny Cornelius Pro-Plan Construction (Pty) Ltd

Jose Correia Tiber Bonvec Construction (Pty) Ltd

Danie De Villiers Edilcon Construction (Pty) Ltd

Ian Duncan Kevin Bates Flooring & Carpeting (Pty) Ltd

Neil Duncan Kevin Bates Flooring & Carpeting (Pty) Ltd

Marlon Grant Marlon Grant Projects and Procurement

Rob Henderson Robenco Construction (Pty) Ltd

Werner Kroon W F Kroon Projekte (EDMS) Bpk

Simon Linakane Gauteng Piling (Pty) Ltd

Andrew MacFarlane Damp King CC

Christian Micha Archstone Construction (Pty) Ltd

Tony Riley Builders Warehouse Massbuild (Pty) Ltd

Lea Smith Ver Consult (Pty) Ltd

Maria Sono Thabi Mari

Colin Steyn Gothic Costruction (Pty) Ltd

Rose Tsenase Bashoeshoe Projects

Liana van der Walt Edelweiss Glass & Alluminium

Charl Venter JC Van Der Linde and Venter Projects

Jason Wilmot Hard Hat Equipment Hire

Hennie Wolfswinkel H J Wolfswinkel (Pty) Ltd

Executive Director of MBA North, Mohau Mphomela (second from left) welcomes the Association’s new EXCO members: Ian Duncan

– Kevin Bates Flooring & Carpeting; Rose Tsenase – Bashoeshoe Projects; Maria Sono – Thabi Mari; and

Simon Linakane – Gauteng Piling

Newly elected President of Master Builders Association

North, Lea Smith

MARCH 20148

mba news

The new Health and Safety Construction Regulations 2014 were officially promulgated on 10 February along with the certification that SA Council for Project and Construction Management Professionals

(SACPCMP) is the appointed registration body for Construction Health and Safety practitioners. The workshops will highlight and simplify the meaning of these regulations and what steps contractors need to take to comply. The workshops will be run in collaboration with representatives from the Department of Labour (DoL).

“The Construction Regulations 2014 endeavour to redress the situation which saw continued frustrations with generic health and safety specifications often issued after project start dates,” says Doug Michell, MBA North construction health and safety manager.

“Our member contractors are constantly busy on construction sites. Instead of them having the arduous task of studying and interpreting a myriad of pages explaining the complex legislation, MBA North intends to summarise and simplify it for them at the workshops,” added Michell.

Topics to be addressed in the workshops will cover changes to the regulations (2003 versus 2014) with particular focus on:

application for construction permits – clients’ • responsibility;clients’ duties and responsibilities;• designers’ duties and responsibilities;• principal contractor and contractors’ duties and • responsibilities;managers’ duties and responsibilities;• registration of chs practitioners; and • operational regulations 2003 vs. 2014.•

The workshops will be run in all four provinces of the MBA North: Gauteng, Limpopo, North West Province and Mpumalanga. Phone Ashleigh Feeny on 011 805 6611 or email ashleigh@mbanorth.co.za for more details.

The link below is to the Construction Regulations for downloading: http://mbanorth.co.za/index.php?option=com_content&view=article&id=337:construction-regulations-2014&catid=83:association-news&Itemid=570 ■

MBA North to offer workshops on new Construction Regulations

Master Builders Association North will later this year be running a series of workshops for

contractors on the impact of the new Construction Regulations on industry (also see Page 10).

In his Executive Director’s Review for 2013, tabled at the AGM, Mphomela says the move towards increasing Associate Membership is likely to be driven by a “Fellowship System” whereby new members commit to

a 12-month training or orientation period, in which the “embedded deep values of MBA North, its expectations and operations are conveyed to help these emerging builders qualify to become full members”.

Mphomela says it is essential that MBA North should be relevant – and stay relevant – to members. “This means regular contact and visits to our members to ensure that we listen and hear their needs, concerns, fears, expectations and work according to a philosophy I call the three ‘Ms’: Membership growth, membership retention, and membership challenges.

“With the significantly extensive geographical footprint of MBA North, it is imperative that we

enhance members’ experience through escalation of their feeling of ‘belonging’ to rejuvenate and liven up their participation.”

To effectively address the challenge of the huge geographical area MBA North covers (Gauteng, Limpopo, Mpumalanga and North West Province), MBA North has decided to establish a network of ‘industry champions’ – comprising current members in these regions who will actively encourage new members by word of mouth in a planned and well-orchestrated strategy.

“The concept will be driven by a Business Development Director. The ‘championing members’ will be key players in all MBA North social, business and training events. They are better placed to identify potential new members and will play a mentoring and advisory role in encouraging new members.

“We also would like to grow and expand our Legal Division in the near future to offer increased legal and tax consultations at a fairly reasonably cost to our members.” ■

A boost for emerging contractors

Master Builders Association North plans to encourage and nurture “associate members”, particularly emerging

contractors, to become fully-fledged members of the Association, says Executive Director, Mohau Mphomela.

Doug Michell, MBA North construction health and safety

manager

Mohau Mphomela, Executive Director of

MBA North

2383

1 SA

B 03

/201

4

MARCH 201410

co

ns

tru

cti

on

he

alt

h a

nd

sa

fety

On the Road to ZeroConstruction Health and Safety moves to zero tolerance for accidents in new Construction

Industry Regulations.

February saw the promulgation of the revised Construction Industry Regulations which incorporate sweeping changes to Health and Safety practices.

Years in the making, and through a consultative process which began in 2009 with significant input from a special Task Team comprising government, organised labour and organised business, the new Regulations now provide a proper platform to manage Construction Health and Safety through all stages of the construction process – striving for zero tolerance for accidents.

Key words throughout revolve around “competent persons” in the training and registration of health and safety management and

officers. Driven under the auspices of the South African Council for Project and Construction Management Professions (SACPCMP), the sole host of the Construction Health and Safety professions and endorsed by the Council for the Built Environment (CBE), the Department of Public Works (DPW) and the Department of Labour (DoL), key aspects of the new Regulations address inter alia:

Application for construction work permit• Notification of construction work• Duties of the client• Duties of the designer• Duties of the principal contractor and contractor• Risk assessment for construction work• CHS technical committee•

Federated Employers’ Mutual Assurance (FEMA) statistics show that 5 529 injuries occur every year in the construction industry, of which 72 are fatal. These occur in three critical areas, namely motor accidents, struck by, and fall – which together represent 80% of all accidents in the sector.

Thobile Lamati, Deputy Director-General: Inspections and Enforcement Services said: “The new Regulations lean towards a new mind set, which acknowledges that safety cannot and should not be measured by loss statistics – but rather that a zero tolerance for injuries be applied.”

To this end the Task Team, led by the SACPCMP, set about developing a system for the registration and deployment of leaders in the Construction Health and Safety arena, which makes registration of qualified individual managers and officers mandatory in the following categories:

Construction Health and Safety Officer;• Construction Health and Safety Manager; • Professional Construction Health and Safety Agent;• Candidate Category for each of these.•

“The registration process is comprehensive and very structured,“ said Nomvula Rakolote, Registrar of the SACPCMP. A rigorous process has been developed through which safety professionals in the industry submit their application for registration as a safety professional to the SACPCMP. This follows a stringent assessment cycle and subsequent interview prior to acceptance and registration.

Speaking at the launch of the regulations, Minister of Labour Mildred Oliphant said the Construction Regulations 2014 provide a platform to work together for the good of all. “For the country’s economy to grow, proper infrastructure, including cities and

Nomvula Rakolote, Registrar of the

SACPCMP and leader of the Task Team

Thobile Lamati, Deputy Director-General: Inspections and

Enforcement Services, DoL

Members of the Task Team are recognised and given thanks for their significant contribution to the development of the

Construction Regulations 2014

The Minister of Labour Mildred

Oliphant, addresses delegates at the

launch of Construction Regulations 2014

Task Team

towns, is needed and the only industry that can make this possible is the construction industry,” she said.

Also present for the occasion was the Minister of Public Works, Mr Thulas Nxesi who pointed out that the Department of Public Works (DPW) also had the role of regulating the construction sector, adding that it strived to improve the industry’s health and safety compliance levels.

“The South African Federation of Civil Engineering Contractors (SAFCEC) recognises the ability of the new

Regulations to positively address key issues,” said James Flint, SAFCEC’s national safety, health, environment, risk and quality (SHERQ) advisor.

“The Regulations elevate health and safety to new levels as we strive for zero tolerance for accidents in the construction industry.”

“Master Builders South Africa and the Master Builders Associations are proud to have worked closely with the Task Team, government, labour and business in the development of these Regulations,” said MBSA executive director, Tumi Dlamini.

“We undertake to promote and support the implementation of the Regulations and to keep our membership of 3 500 informed and advised in our mutual quest for zero harm.”

There is concern in some quarters that the site inspection process and enforcement of the Regulations will be difficult to implement fairly across the board. ■

co

ns

truc

tion

he

alth

an

d s

afe

ty

The ceremonial signing of the Construction Health and Safety Accord by the various stakeholders in government,

business and labour Tumi Dlamini, executive

director of MBSA, emphasises her

support of the new Regulations

23659 SAB 03/2014

MARCH 201412

Create a Safety Team in 2014Celeste Erasmus, safety specialist at Advantage ACT

I believe that a Safety team is the road map to success. It is often said that an organisation’s safety

performance cannot be determined by one person only. This is true and the Safety team is the first place

where you strive to build unity of purpose. Teamwork will win the day. Build a Safety team that can change

the way that people are doing things in order to make the workplace safer and healthier.

Objectives of a Safety teamMove to a positive approach to safety• Reduce behavioural variability and injury rate• Move to an upstream focus• Provide real measures for all levels• Change behaviour in a way that improves attitudes, • culture and systemsFocus “hierarchy of control” effort• Meaningfully engage all levels to influence values•

Members of the Safety teamCo-ordinator (Decision maker) – person who ultimately • makes the final decision in all matters.Safety coach – The person who will spearhead the • initiative. To do the leg work to get it off the ground. He/she will be the spokesperson for the effort and a well-respected leader.Influencer – The Safety Representative who can • significantly impact the success of the process.Safety team members – Main players of the group. • These employees know the ins and outs of the organisation and how to get things done.

Purpose of the Safety teamFocusing on results instead of effort and levels of activity produces other problems. Responsibilities for safety must be clear and people must be held accountable for them.

Involvement of all people1. Communication tool2. Empowerment of people3. Focusing on initiatives4.

Barriers to Safety team successHazard recognition and response (inexperience and • habituation)Rewards and recognition• Facility and equipment• Disagreement on safe practices (values, perceptions, • communication)Personal factors• Culture• Personal choice•

How can the Safety team ensure involvement?Creating Safety teams1. Through a weekly/monthly safety newsletter2. Safety meetings, daily, weekly and monthly3. By rewarding your people4. By giving credit to your people5.

Safety improvement depends on the people who are at-risk of injury – the workers. They have the most to gain from effective safety measures and the most to lose from ineffective ones. They have the most influence over each other and know the most about the details of the daily routines that shape behaviour on the floor. Their support can ensure success and

their opposition can make progress difficult, if not impossible. Focus on them!

The average worker gets no meaningful feedback on the quality of his/her work. The feedback they get on at-risk behaviour is often sporadic and usually comes in the form of criticism or discipline. The lack of feedback makes it difficult for workers to improve their safety performance.

Role of the Safety teamData gathering of behaviour-based safety observations• Identification of critical behaviour• To engage employees of all levels in meaningful • improvement activitiesWillingness to participate• Developing enthusiasm• To let each employee of the operation feel proud to • be an employee of your company

Management’s role in the creation of Safety teamsGetting the teams educated and trained• If resources are identified are they available• Is the path forward established• Management will fix the problem, not fixing the blame, • that is the principle that truly prevents accidentsDo not blame employees, but the systems that failed• Behaviour is a function of management systems• Designing systems that stimulate and reinforce safe • behaviourDesigning these systems requires a high level of • involvement and participation from all levels of an organisationTo let the people know that you care about them • Excellent communication and co-operation between all•

Measure outcomes of Safety team initiativesWhat can be measured can be managed• Shifting the focus from reaction to prevention•

The real indicators of safety, to develop tools to interpret this data, and use the data to design appropriate interventions into the process and then to have an opportunity to effectively manage safety performance

Examples of possible outcomesAll people will start to focus on leading factors• Behaviour will be upstream and a final common • pathwayBehaviour will be measurable and manageable• Feedback will change the behaviour• By measuring all the outcomes it will identify barriers • for a safer working environmentReducing accidents• Reducing incidents• Saving a life today, tomorrow, forever•

www.sheqafrica.com ■

co

ns

tru

cti

on

he

alt

h a

nd

sa

fety

MARCH 2014 13

ind

us

try n

ew

s

Speaking on the theme of “Sustaining consulting engineering is key to growing the economy” Thela stressed the importance of consulting engineering in the implementation of government’s National Development Plan (NDP). “With no engineering there can be no infrastructure – and therefore no socio-economic development,” he said. “With projects getting bigger and some taking more than three years to implement from design to completion, our first point of entry for discussion is the South African Local Government Association (SALGA)1. As CESA we urge government to review and align the Municipal Finance Management Act and Municipal Systems Act. This will resolve the issue of appointments being made for consulting services for a fixed three year term when the project in fact runs beyond this time frame.”

Being state-owned, municipal banks are able to provide longer-term lending to local governments, enabling projects to run to completion without interruption.

1 SALGA is an autonomous association of municipalities

On the roll-out of the NDP, Thela said the Plan has all the necessary attributes to succeed. “However government is unlikely to spend the allocated R827 billion over the next three years as indicated in Minister of Finance Pravin Gordhan’s Budget Speech. We cannot plan ahead as an industry for full utilisation of resources.

“Government has not yet revealed the project pipeline going forward. The industry needs this information to commit to long term planning and investment in more resources.

“Sustainability of the consulting engineering function is key to the NDP, which will not materialise without consulting engineering being operational at all levels,” warned Thela.

Consulting Engineering, although a relatively small sector, has a large multiplier effect on the development of infrastructure as consulting engineers are the designers that create the large scale infrastructure projects that employ large numbers of people during the construction, operation and maintenance phases of infrastructure. “Another delay to the roll-out of the NDP is the General Election,” continued Thela. “Consistent attention and spending on the NDP is crucial going forward and the issue of non-payment must be addressed urgently by government as it is killing our industry.”

“Thela stressed that it is upon

the industry to unpack

and drive the NDP.”

“We will only have ourselves to blame as an industry for delays. We need to take the ball and run with it. CESA must be seen as the driver for implementation of the NDP.” This echoes the words of CESA’s immediate Past President Naren Bhojaram, who said “Let’s make this thing happen!”

With Government’s plan to grow the economy and triple GDP by 2030 the Consulting Engineering Industry has a significant role to play in achieving this growth through infrastructure development. Thela stated, “The Consulting Engineering industry is facing a number of challenges but by far the most challenging is how consulting engineering services are currently procured, as it is stifling the industry”.

CESA’s engagement capability and rigour is notable and government’s acceptance of the role CESA has to play is well advanced with the first draft having been submitted to the Department of Trade and Industry (DTi) for comment.

Thela closed by saying that CESA fully supports the NDP and is ready to assist government, but implementation is key and this is where government falls short. CESA is ready to engage and partner with government to address these challenges. The organisation has been lobbying government for years on these issues and more recently with National Treasury who are reviewing procurement regulations following CESA’s interaction with them. ■

“Municipal Banks” is where SA must move to:CESA on the National Development Plan

South Africa needs to move towards the establishment of “Municipal Banks,” such as

those in operation in Europe and elsewhere in the world. This is according to

Abe Thela, newly appointed President of Consulting Engineers South Africa (CESA)

in his inauguration address at a function held in Johannesburg in February..

CEO of CESA, Lefadi Makibinyane alongside newly appointed President of CESA Abe Thela

MARCH 201414

He declined to present the programme of action for the current financial year, stating “That programme will be presented by the new government after the elections.”

“While the construction industry is grateful for the contribution the government has made, it is disappointed that there are no plans, as yet, for it to continue in this vein,” says Rob Johnson, executive director of the Master Builders Association of the Western Cape (MBAWC).

Johnson continues: “The industry is still recovering from the effects of the global recession and needs to have some measure of reassurance that the government, regardless of whether it remains in the hands of the ANC or is taken over by another party, will continue to support it. Government is in the best position to deliver a consistent workload to the construction sector and thereby reduce the effects of economic cycles. Our industry has the capacity to absorb large numbers of unemployed people, and thus enable the development of skills, if a steady workflow can come from government.”

“In terms of training and skills development, we commend the government’s achievements, particularly

the increase in the number of enrolments at tertiary level, the much-improved matric pass rate and interventions aimed at bettering maths and science.

“We also applaud their efforts to make further education more accessible both through the National Student Financial Aid Scheme and the construction of additional FET Colleges,” says Johnson.

“We will continue to support government’s efforts through our artisan, skills and bursary programmes. However, these can never be on the scale required to service the industry as a whole,” he adds.

“It is our hope that the party elected on 7 May 2014 will continue to build on the foundations laid by the current government,” concludes Johnson. ■

SONA – what of building South Africa beyond 2014?

“In 2012 we unveiled the National Infrastructure Plan, led by the President through the Presidential

Infrastructure Coordinating Commission. We have subsequently invested one trillion rand in public

infrastructure over the past five years. Many of the projects are completed or are nearing completion,”

said president Jacob Zuma in his recent State of the Nation Address (SONA).

ind

us

try

ne

ws

The facility will be made available to ten pre-selected BEE contractors providing building services to government for community upliftment projects ranging from low-cost housing to libraries

and hospitals.

Massbuild operates Builders Warehouse, Builders Express and Builders Trade Depot. Standard Bank’s portion of the funding will go toward meeting the working capital requirements of the contractors, who generally are not able to obtain funding for these types of projects.

“Our partnership aims to promote sustainability among small business owners in the construction industry,” says Simone Cooper, head of franchising and enterprise development at Standard Bank. “We want to create an environment that supports emerging building contractors and their continued ability to supply critical services to government.”

The partners are adopting this new approach to enterprise development, which absorbs billions of rands in corporate budgets every year, to drive the long-run sustainability of more small businesses in South Africa.

The partnership is likely to expand the total size of the credit facility and the number of participating contractors once it has evaluated the success of the initial pilot.

“As a major retailer, the group recognises the need to implement an enterprise development solution that links financing with preferential procurement and support programmes to promote the long term commercial well-being of small businesses,” says Andrew Latimer, head of financial services at Massbuild. “The ultimate success of this initiative will be in the number of small businesses we are able to graduate to sustainable, profitable entities in the long-run.”

An important component of the initiative will be the technical and operational assistance provided to the contractors by Tusk Construction Support Services. The contractors will get practical support on delivering their contracts with government, encompassing basic cash flow management, project costing, supply chain management and the provision of on-site project managers.

Story courtesy of: Bizcommunity.com ■

Massmart partners with Standard Bank for BEE contractors

Selected BEE contractors are to benefit from a pilot partnership between Standard Bank and Massbuild

through which Massbuild will supply building materials through a R20 million credit facility.

Rob Johnson, executive director of the Master Builders Association of the Western Cape

(MBAWC)

Gordhan said that public infrastructure investment (on the NDP) would amount to R847 billion over the next three years. This is up from the R827 billion tabled in last year’s budget. Of this,

R45 billion in investment will be contracted this year. “Development plans also focus on overcoming the spatial fragmentation of South Africa’s built environment, improved public transport and accelerated investment in human settlements,” said Gordhan. Over the medium term an integrated city development grant of R814 million has been introduced to strengthen long-term city planning and to encourage private investment in urban development.

Special initiatives include:R3,7 billion in conditional grants to municipalities,• R857 million for the Municipal Infrastructure • Support Agency,R276 million for the human settlements Upgrading • Support Programme in 53 municipalities,A new grant of R300 million a year to assist • metropolitan municipalities in managing the human settlements function, and

A further R180 million as part of the human settlements • development grant earmarked for settlement upgrading in mining towns.

“We are pleased to see Government’s commitment to achieving the goals laid out in the National Development Plan for infrastructure development through the 2014 Budget Speech. R847 billion over the next three years, and the intention to contract R45 billion in investment this year, are strong statements of commitment”, says Mathieu Du Plooy, CEO of WSP Group Africa. “Notwithstanding, increased engagement between the public and private sector remains critical to the successful implementation of the National Infrastructure Plan, and we hope to see more of this as this government aims to meet the objectives of the NDP. Every South African is needed in order to deliver on our infrastructure plans as a country.”

The construction industry is hopeful that government will not delay in providing a clear long-term roll-out plan to enable forward planning by the industry to meet the ambitious objectives of the National Development Plan. ■

NDP upped to R847 billion over the next three yearsDelivering his 2014 Budget speech to Parliament in February, the Minister of Finance,

Pravin Gordhan, said about the National Development Plan (NDP): “It is time for a

bold vision of our future; time for action and implementation; time to move South

Africa forward to the next stage of our historic journey to more rapid growth, jobs

and development. Time to leave behind poverty, joblessness and inequality.”

ind

us

try n

ew

s

Pravin Gordhan, Minister of Finance

23873 SAB 03/2014

MARCH 201416

ind

us

try

ne

ws

Support the CIVILUTION – a truly bold initiativeSAICE plans to actively addresses the seven “crocodiles” in the delivery of services.

Stanford Mkhacane, the recently elected President of the South African Institution of Civil

Engineering (SAICE) spoke of SAICE’s plans to take civil engineering to the remote and marginalised areas of South Africa and beyond at his inauguration in February.

“Taking Civil Engineering to the remote and marginalised areas of South Africa and beyond – Forward with CIVILUTION, is motivated by my background and the need to uplift marginalised areas.

The challenges that confront civil engineering are vividly illustrated when you see people queuing for water from the early morning hours till late in the afternoon; or when you see road conditions deteriorating at alarming rates.

Recent thinking in SAICE has identified what are called the seven “crocodiles” in the delivery of services, namely (1) diminishing technical capacity, specifically in state institutions, (2) quality of engineering education, (3) corruption in the engineering profession, (4) our effective participation in the National Development Plan (NDP), (5) technical leadership and learned society contribution, (6) awareness of what engineering professionals actually do, and (7) career guidance in the country’s 26 000 schools.

In addition, I want to include two other important issues that impact negatively on civil engineering, and may threaten the success of the NDP.

The first is the low presence and low visibility of the profession in remote and marginalised areas – a critical issue that needs the urgent and serious attention of the Institution. How do we increase our presence in these areas?

The second concern is the shortage of civil engineering professionals, experienced especially in government institutions where those retiring are leaving a huge pool (>50%) of young engineering professionals without adequate mentors.

There are about 17 000 qualified civil engineering professionals in South Africa, with less than 25% located in SAICE’s rural Branches.

Per capita there is one engineering professional in South Africa for more than 3 000 people, while other BRICS countries have less than 300 people per engineer. We need serious strategies to close this skills gap in civil engineering.

I therefore challenge you to join me

in taking civil engineering to

marginalised communities.

Taking civil engineering to these the rural areas practically means that we need to implement strategies to increase the presence, visibility, awareness and appreciation of the value of the civil engineering profession; we need to embark on a mission to preach the gospel of civil engineering to these communities.

Intervention strategies

Strategy 1: Adoption of marginalised schoolsIndividuals or groups of professionals would be required to “infuse” into these areas by adopting schools in Branches where we are located, to market the profession to learners, parents and surrounding communities. This would require us to donate part of our time to these schools and communities, becoming the engineering salt and light of the earth in these communities. You may ask, what precisely will we be doing?

We would be able to conduct continual and concentrated career path guidance in schools with which we have good relations. The continuity would also make it easier for meaningful project site visits with learners, using the projects that we are involved in within those communities. During these continual contacts, we would be able to influence early subject choices towards engineering, while also illustrating the practical engineering application of school mathematics and science.

This contact time would result in numerous benefits, for instance: learners, parents and communities will develop a better understanding of what civil engineering is all about; the indigenous peoples will learn to appreciate the infrastructure around them; students would be better prepared, reducing the drop-out rate; and more will become engineering professionals, progressively reducing the huge backlog in engineering skills, as well as South Africa’s dependence on foreign professionals.

You may ask, where shall we get this amount of time to spend on this venture? With careful planning and commitment from each one of us, it should be possible. Think about it, how much time do we spend chasing unproductive bidding for work per annum?

Strategy 2: Increased membership benefitsThe performance and success of the “combatants” will be enhanced by improved membership benefits, especially by

“Forward with CIVILUTION!” says Stanford Mkhacane,

newly elected President of SAICE

Distribution of SAICE civil engineering professionals in the three categories of engineering

MARCH 2014 17

increasing the number of continuing professional development courses in remote and marginalised SAICE Branches. This will necessitate improved relationships between the SAICE Divisions and Branches, whereby the Divisions and SAICE National Office would commit to annual training programmes.

Strategy 3: Revitalisation of SAICE structuresWe need to create a conducive environment by the revitalisation of the SAICE structures – by dividing far-flung Branches into cells or sub-Branches, based on existing economic centres or towns which will constitute the Branch. These cells would then establish cell-based committees, with their chairpersons coming together to form the Branch executive committee.

We would also need to gear our Divisions with members in rural areas to increase support to Branches in organising and overseeing competitions, as well as adjudicating project awards.

The success of this mission depends on the improved links between the Executive Board and the Branches and Divisions. Stronger relations will be achieved when equity is achieved in the representation of the constituencies even at this level, and also with regard to the more challenging aspect of demographic equity.

Our Council needs to be truly representative of all the constituencies, with genuine commitment from all members. Good relations and trust among all involved would go a long way towards ensuring the success of our Institution.

Strategy 4: Enhancement of relations between SAICE and governmentWe will enhance our good relations with government to improve the quality of life of all citizens. This will require: constant interaction, sharing ideas in order to overcome the challenges facing South Africa regarding civil engineering; acting and being seen as a partner and trusted advisor to government; and creation of a SAICE-government forum, which could start by relationships with all the infrastructure departments, together forming a unified force – net soos “Eendrag maak mag”.

Strategy 5: Enhancing education and training Increasing the production and enhancing the quality of civil engineering graduates are also essential ingredients

for the success of the mission. Civil engineering education should be made more accessible to poor and marginalised learners in order to achieve equity. It may be advantageous and practical to move some of the existing institutions that are located in one geographical area to more remote areas, thereby creating enabling environments for the marginalised to study engineering.

ConclusionWe will be a force to be reckoned with when we take civil engineering to marginalised communities; when we have a high presence and visibility in every corner of the country and the continent; when we civil engineering professionals commit ourselves to adopting schools in marginalised communities. These dreams will be possible if we are all willing to reposition our Institution by

responding positively to the needs of members and society, so that SAICE can become the Institution we want it to be – the SAICE that every civil engineering professional and the South African society will be proud to have and associate with.

I call upon all civil engineering professionals – from Limpopo to the Western Cape, from Mpumalanga to North West, from the Eastern Cape to the Northern Cape, from KwaZulu-Natal to the Free State and Gauteng. Let us put our thoughts and energies together and take civil engineering to all the corners of our country and beyond – Forward with CIVILUTION. “ ■

The launch of CIVILUTION takes place at the SAICE Congress 6 – 8-April, in Johannesburg.

2387

8 SA

B 03

/201

4

ind

us

try n

ew

s

Rural area water challenges (Photo: http://beyondprofit.com)

MARCH 201418

roo

fin

g a

nd

in

su

lati

on

Typically weather conditions cause the roof construction to expand and contract. Mortar hardens and does not expand and contract with varying weather conditions or daily temperature

variations. This in turn leads to cracks forming, which progressively increase in size. Rain then penetrates the ridge and hip line through these cracks and causes damage to the interior of the roof. Ongoing rain damage can cause trusses to rot which can pose a serious health risk to the occupants of the property. Often these ridge and hip lines are fixed using the same mortar method which is then over-coated with a waterproofing coating or compound. This looks unsightly and costs extra to repair.

Coverland Compact Roll is an innovative solution to traditional mortar ridge and hip line fixing methods. It forms part of a system that allows for the thermal expansion and contraction of the roof structure. The system is called the Dry Ridge System, so named due to the dry application of the Compact Roll on the ridges and hips and because of its weather proof quality. The Dry Ridge System also allows for optimum air circulation of the roof space. There are additional elements of the system in addition to Compact Roll to add to its efficacy.

The 1. Pliable Ridge Tree that aligns the ridge and hip battens. The ridge and hip batten is used to fix the ridge and hip tiles using the ridge clips.

The Ridge Clip 2. that facilitates the rapid and secure fixing of ridge tiles.Kro Klips that 3. are corrosion-resistant spring clips that fix tiles to valleys and hips.

Compact Roll can be stretched to fit any roof profile and its unique, integrated waterproofing and ventilation features, when combined with the Ridge Tree, provide optimum airflow and 100% leak-free performance. The unique, patented 4-Layer Assembly of the Compact Roll ensures:

sustainable sealing (butyl-supported aluminum 1. compound);high tearing strength (very resistant PET 2. Polyisobutylene compound);maximum waterproofing properties, while allowing 3. ventilation (ventilating holes are covered by a high performance fleece); and extreme adhesion, due to the highly effective CH-bond 4. butyl glue.

Although not as inexpensive as traditional mortar fixing, the Coverland Dry Ridge System is economical in the long run with respect to material and labour. Compact Roll is a long term solution that is easy to install, aesthetically pleasing and, best of all, maintenance free. Produced and tested in Germany, the ridge and hip solutions stand for durability and quality. In South Africa Compact Roll is certified by Agrément South Africa. ■

The “de facto” method of roof ridge and hip-line fixing

Generally, not much thought is put into the type of application used when it comes to roof ridges and hip-

lines. Mortar ridge and hip-lines are a common sight on South African roofs. While the low initial setup

costs of mortar application may be the driving factor for its popularity, there are prominent characteristics

of mortar ridges that cry out for a more innovative and modern solution to ridge and hip line applications.

Components to the system (Ridge Tree, Kro Clips, Ridge Clips)

Compact Roll product

Dry Ridge Lumino Roof

23654 SAB 03/2014

MARCH 201420

Roofing association SAMCRA forges ahead on SANS 10237The recently established Southern African Metal Cladding and Roofing Association (SAMCRA) has hit

the ground running and has already completed the draft of the SANS 10237 ‘Code of Practice:

Metal Roof and Side Cladding.’

This is according to SAMCRA chairman, Johann van der Westhuizen. “We have been invited to participate in the working group responsible for the updating of the National Home Builders

Registration Council (NHBRC) manuals,” said van der Westhuizen. “And SAMCRA will also be participating on a number of SABS technical committees, all of which will enable us to achieve our goal of aligning the regulatory requirements of the various statutory and national bodies.”

As the representative body for the steel roofing and cladding industry, SAMCRA has set a series of immediate objectives to be addressed on behalf of its members. Amongst these are: the establishment of an accredited testing facility to verify the performance of products; the creation of a successful campaign to have all metal cladding products sold in South Africa branded with the relevant product information; providing information to specifiers, building inspectors and other decision makers; to facilitate training with particular focus on artisans; the implementation of a programme to certify roofing contractors; and a programme to have “roofer” recognised as a trade.

Dennis White, SAMCRA’s inaugural director working full-time for the association, says it is clear that the main beneficiaries of SAMCRA will be the end-user.

“Our customers deserve this and it’s time it happened,” he said.

SAMCRA is planning to hold a number of specialist workshops for specifiers during May and October. The Association also commenced with the accumulation of articles and technical literature for a database which will soon be accessible from their new website. ■

roo

fin

g a

nd

in

su

lati

on

Pictured at the launch of SAMCRA in October 2013 are Paolo Tranchero – CEO of SAISC; Johann van der Westhuizen – SAMCRA chairman; and Dennis White – SAMCRA director

Energy saving made simple – Eco-InsulateDevelopers and project managers in the various housing sectors are increasingly seeking one-stop solutions

to meet the requirements of SANS 10400 XA regulations – to ensure their projects are energy efficient and

to provide comfortable living space for the owners.

The regulations can however be confusing, so we asked Richard Ellis, the general manager of popular green insulation brand Eco-Insulation to explain how it really works.

“Insulate above the ceiling, under the floor or even inside the walls – to keep cool in summer, warm in winter and to save energy. For the property owner, it means less electricity or gas usage and therefore real savings in your pocket. For the developer, it means total compliance with the specified R-value for the roof, under national building regulations. Because Eco-Insulation resists the flow of heat, less heat will be lost from the home or office in winter and less heat will enter the building during summer. As a form of energy, heat always flows to a cooler area, escaping out of the building in the winter and entering the building during summer. Eco-Insulation creates an eco-friendly, fire-safe and non-toxic barrier that controls temperature all year round.” he says.

“Eco-Insulation not only offers the ultimate climate control, it is also the ultimate green building product, helping the environment and protecting families and office staff from the intensifying effects of global warming. The product is also listed on the Specifile online service, where project managers can draw further technical information”, says Ellis.

Eco-Insulation installed in the home or office is not expensive; and payback is over a period of months and not years. It is a serious brand that has earned technical endorsements by standards organisations including the South African Bureau of Standards (SABS) and the Thermal Insulation Association of Southern Africa (TIASA). ■

Eco-Insulation creates an eco-friendly, fire-safe and

non-toxic barrier that controls temperature all year round

MARCH 2014 21

roo

fing

an

d in

su

latio

n

A young Pretoria based company, PVC Ceilings, was established by Pieter van Heerden in 2012 to supply the retail and contractor market with an innovative and proven ceiling board manufactured

from PVC resins and auxiliary materials.

“Following in-depth research we arrived at the optimum formula to manufacture PVC based ceiling boards to standard sizes,” said van Heerden. “During the development phase extensive tests were carried out on the product, with particular emphasis on durability and fire retardation – of which the latter meets the requirements of SANS 428.”

So efficient, competitively priced and successful is the product that the company has experienced growth of over 1 000% since its establishment.

“Our ceiling boards, which are available in a range of attractive designs, are intended for use by all South

Africans, to suit virtually any residential, commercial or industrial ceiling application,” continued van Heerden, “including housing, offices, warehouses, churches, museums, shops and so on. Not only are our ceiling boards durable, requiring no maintenance at all, but they also provide exceptional insulation.” According to van Heerden, the “R” rating of the PVC Ceiling Panel is technically better than ordinary gypsum board, as confirmed in tests carried out by the Thermal Test Laboratory (TTL) – a South African National Accreditation System (SANAS) approved facility.

Being lightweight, the PVC ceiling boards are quick and easy to install. They are also fire retardant, waterproof (and therefore won’t stain if they get wet) and fungus- and corrosion-resistant.

PVC Ceiling boards and cornices are available from BUCO, Cashbuild, Essential Hardware, MICA, FH Chamberlains and other independent retailers. ■

Modern materials enhance a traditional productA traditional product manufactured to modern

specifications offers equivalent, if not superior

insulation – the ordinary ceiling panel.

The “R” rating of the PVC Ceiling Panel is technically better than ordinary gypsum board

2381

8 SA

B 03

/201

4

MARCH 201422

Concrete roof tiles – rural production made easySwedish based roof tile equipment manufacturer ABECE, a global player in this market, is working in close

collaboration with Pan Mixers South Africa (PMSA) to supply an entry level range of its renowned concrete

roof tile manufacturing machines to the southern African region. Discussions are at an advanced stage with

delivery of the first machines due in March.

This is according to Fredrik Toftemo, ABECE’s area sales manager who is presently in South Africa finalising supply details and leading training seminars being hosted by PMSA at its training

facility in Jet Park.

“The synergy we have developed with PMSA in recent years is quite remarkable,” said Toftemo during a break in the roof tile production training session. “PMSA have considerable expertise in concrete batching technology, specifically designed for operations in outlying areas. This capability, combined with our expertise and more than 50 years of experience in the manufacture of roof tile production machines, provides the perfect partnership.”

PMSA’s marketing and sales manager, Quintin Booysen, confirms the importance of this relationship by saying “Empowering emerging builders and contractors is crucial

in the ongoing effort to speed up delivery of RDP and affordable housing in our country and in the rest of Africa. By making this ABECE machinery available for deployment in outlying and rural areas, together with appropriate concrete batching equipment and proper training, we are able to take production of concrete roof tiles to the field.”

The new range of ABECE machines being introduced are the SP-S, SP-M and SP-L, which have single shift production output capabilities of 5 000, 25 000 and 45 000 respectively. The start-up range of machines have a low electrical power demand and can easily run off a 30kVA genset if no power is available in the area of deployment.

The flexible production capacities of these machines make them ideal for operation in close proximity to project-based housing schemes as well as ongoing supply to outlying community driven markets in the southern African region, and indeed across the continent.

PMSA is active across Africa with a comprehensive equipment and supply chain and support network in place – inclusive of customer training.

In attendance at the roof tile production seminar were customers from local tile manufacturers across South Africa, as well as from as far afield as Gabon and Namibia.

The course, which covered all aspects of small to medium volume roof tile production and high volume automated production, was co-presented by Fredrik Toftemo of ABECE and Francois Aveling – operations director of West End Clay Brick & Roofing; and was hosted and facilitated by PMSA. ■

roo

fin

g a

nd

in

su

lati

on

Francois Aveling – operational director at West End Clay Brick & Roofing; Quintin Booysen – PMSA’s marketing and sales

manager; and Fredrik Toftemo – ABECE’s area sales manager

A concrete roof tile off the production line of the SP range of ABECE roof tile manufacturing machine

PMSA will supply, distribute and support the ABECE machines in Africa

22859 SAB 09/2013

MARCH 201424

Face brick enhances PE’s Helenvale Resource CentreDesign and construction of the Helenvale Resource Centre was part and parcel of the ambitious upgrade

programme of this township in the north of Port Elizabeth.

wo

rld

of

bri

ck

s

Miles Hollins, architect and designer, from The Matrix Urban Designers and Architects in Port Elizabeth, who conceptualised the project, said: “This has progressed from a scheme

that included extensive renovations to a complete rebuild of the facility. The existing community centre was an isolated event on a barren, rocky site in the heart of the Helenvale community.”

The existing centre was in a severe state of disrepair, said Hollins, and it no longer served the needs of the local community. “The initial brief called for extensive renovations to the existing building as well as additional facilities. However, after a thorough analysis of the site and brief and through intense consultation with the client and the community, we realised that the full civic potential of the site could only be realised by demolishing the existing infrastructure to make way for a new, more legible and integrated facility,” he explained.

Quality building materials and good design are not only for application to high profile buildings – but are a crucial for facilities that serve those that need them most. In this case the Helenvale Resource Centre.

Christie van Niekerk, Corobrik’s Western Cape Manager, said that one of the chief challenges facing those involved with this project from the very outset was finding a balance between providing the best quality building materials and meeting the tight budget provided by the Nelson Mandela Bay Municipality (NMBM). The end result was the selection of the Roan Satin FBX for the super structure and internal walls and the Roan Travertine FBX for the external boundary walls, entrance walls and outbuildings. 65 000 and 102 000 of each were used respectively with quantities having to be adjusted and increased as the project progressed.

The choice of clay face brick was a perfect fit with the need to keep maintenance costs to a minimum. The inclusion of environmentally friendly characteristics that include automatic electric light management, heat pumps, and rainwater harvesting and wall and roof super-insulation add to the sustainability. As van Niekerk pointed out, clay brick is not only characterised by its longevity, but also by its ability to save on electricity as it helps regulate temperature in both summer and winter. The creation of a community plaza that extends the civic landscape from a new urban park that forms part of the Helenvale Precinct

Corobrik’s Roan Satin face brick was used on interior walls at the Helenvale Resource Centre to contrast with colour and texture of surrounding materials, but most importantly for its durability to main circulation spaces and sports halls

Christie van Niekerk, Corobrik’s Western

Cape Manager

Plan across Leith Street (the primary modal interchange in Helenvale) and then climbs up to the main public entrance to the building was key to the design of the new facility.

3 000 of Corobrik’s burgundy pavers were used as borders to define the walkway leading to the entrance of the centre.

“This spatial relationship really connects the new complex with the community it serves. The tree-shaded plaza includes a tall marker tower that defines place and a welcoming pergola that ferries the community into the lightly enclosed Community Street,” said Hollins.

He added that this Community Street was the most special area and the primary functional and spatial organisational element of the building. Various community functions (including community offices, sub-dividable community hall and a large multi-use hall) are attached to this space.

The axis of the Community Street orientates the entire complex parallel to Leith Street. This is a spatial characteristic prevalent in the densely packed, semi-formal, urban fabric of Helenvale. “This linear space is thus the dominant form, characterised by transparency and defined by a skeletal framework of highly detailed, laminated timber mono-pitch roof support structures. The community plaza flows through this space, accentuated by the continuation of the material and pattern on the ground plane and a spinal vertical plane stretching from outside to inside and then outside again,” said Hollins.

He said that this was not the only issue that needed to be taken into consideration by the architects when meeting the needs of the community that used the Helenvale Resource Centre. One thing was long waiting periods which were particularly difficult for those in “conflict situations” and needing services such as counselling or parole supervision. To address this, the Community Street includes seating pods for waiting. These semi-enclosed, semi-transparent, timber-clad forms create smaller, more intimate, subspaces that provide privacy, whilst also allowing for public interaction.

Community service facilities (including the Councillor’s chambers and a boardroom) are located beyond the seating pods and flank the Community Street on the Leith Street side of the building. In contrast to the Community Street, the form in which these are housed is a less articulated, simplified, sharp-edged, flat-roofed, solid “plain white box.” The openings in this form are grouped into a linear element that further highlights the horizontality of this form and directs attention towards the main public entrance to the Community Street.

“The small community hall and large multi-purpose hall belong to the same functional family and thus have similar forms and articulation. They are both characterised by a rich pattern of deep red face brick flanking walls, enveloped in a cranked plane of heavily articulated, charcoal-coloured cladding,” Hollins concluded. ■

MARCH 2014 25

wo

rld o

f bric

ks

The Helenvale Resource Centre is situated within the Northern suburb of Helenvale, Port Elizabeth. This image highlights the

intensity of the urban grain which is Helenvale

The exterior of the Helenvale Resource centre is largely faced in Corobrik’s Roan Satin, which was selected to best compliment the buildings form and function with tight budgetary constraints in mind

Through design the buildings form and plan layout openly engages with the community of Helenvale which it serves

MARCH 201426

These sustainability attributes of clay bricks become accentuated in harsher environments prevalent in South Africa where sustainability requires: a robustness to endure; an innate propensity to last

beyond 100 years; the built cost to be competitive; and material selection to contribute positively to a lowest life cycle cost opportunity. In fulfilling this requirement, clay brick has the propensity to mitigate maintenance costs down the line associated with replacement, refurbishment and maintenance of lightweight fabricated walling systems.Building on such sustainability attributes, clay bricks’ value can be further enhanced when specified within the context of passive design. Notably it is the property of thermal mass that provides clay brick the opportunity to make best use of the sun’s energy, helping attenuate temperature conditions for longer through summer and winter, optimising thermal comfort and lowering associated heating and cooling energy requirements.

The graph from the WSP Green by Design 132 m Standard house study presents the results for the Pretoria climatic zone where double skin brick provided a consistently lower PMV1 amplitude ratio when compared to insulated lightweight alternates.

It has been well proven in both extensive empirical and thermal modelling research that cavity brick, and cavity brick with an application of insulation in the cavity

appropriate for the climatic zone, provides for superior thermal comfort relative to comparable lightweight and with best payback for insulation applied. Notably studies undertaken in Australia and South Africa found that brick wall alternatives applied to different building modules are able to provide the necessary CR Product (combination of thermal capacity and resistance) to consistently outperform comparable lightweight walled buildings with similar and/or higher wall R-values. It is thermal mass that provides the X factor to the energy efficiency equation,

Clay brick – achieving greater sustainabilitySustainable buildings and built environments are best achieved through a holistic design approach where

due attention is given to the incorporation of passive design principles appropriate to the conditions of the

site. Clay bricks well support a holistic approach, their composite offering ticking all the boxes in the

important areas of durability and longevity, energy efficiency, indoor air quality and investment value.

COVE

R ST

ORY

particularly in moderate climates characterised by long hot summer months and pronounced average diurnal temperature swings through the seasons, as widely found across South Africa.

That clay brick construction does the job more competently than lightweight is evident in the findings of eight years of empirical research at the University of Newcastle in Australia where the thermal comfort and energy efficiency of building modules constructed of four typical Australian wall types were exposed to real world conditions and the internal environments measured in both the free floating and controlled conditions.

The four wall types comprised: conventional cavity brick; insulated brick veneer; insulated cavity brick; and insulated lightweight construction (a polymer render over 7 mm fibro-cement sheeting; breathable membrane fixed onto pine stud frame; R1,5 bulk insulation in frame cavity; 10 mm plasterboard interior).

The findings of this research showed that the brick veneer building outperformed the lightweight and the cavity brick building with insulation in the cavity was the best performer.

This research also established that clay bricks when applied in internal partition walls enhanced energy efficiency further for all the external wall construction types assessed. In the case of insulated lightweight exterior wall building module, the application of clay partition walls improved energy efficiency by a significant 20% (www.thinkbrick.com.au-”Energy Efficiency and the Environment – the case for clay brick – edition 4”).

This superior energy efficiency of clay brick walls, both un-insulated and insulated, was also found in the Full Life Cycle Assessment by Energetics. In this assessment of two house designs built in three climatic zones, and four different orientations with five different walling solutions [lightweight walling represented by timber frame insulated weatherboard], found that the cavity brick walled house outperformed the insulated timber in most situations, and the insulated cavity brick walled house outperformed the insulated timber in all situations. The net benefit of the operational energy savings as provided by insulated clay brick construction translated into lower “total” greenhouse gas emissions (embodied energy plus operational energy) over a 50 year life cycle when compared with the lower embodied energy, higher R-value lightweight alternate with weatherboard walls.

Thermal modelling of verdant and sirocco house plans

Combined HvAC green house gas (kg co2 -e) emissions over 50 years

Extracted from Energetics Full Life Cycle Assessment

Location OrientationUninsulated Double Brick

Insulated Double Brick (R1,3)

Insulated Timber Frame

Insulated Timber more/(less) GHG than Double Brick

Insulated Timber more/(less) GHG than Double Brick Insulated R1,3

Newcastle Climatic Zone

East 106 348 100 013 119 603 12,46% 19,59%

North 110 384 103 912 123 781 12,14% 19,12%

South 102 145 98 680 115 498 13,07% 17,04%

West 114 213 107 280 124 771 9,24% 16,30%

Melbourne Climatic Zone

East 142 113 130 159 141 019 -0,77% 8,34%

North 151 120 130 098 152 682 1,03% 17,36%

South 138 827 119 113 137 919 -0,65% 15,79%

West 152 338 129 755 148 937 -2,23% 14,78%

Brisbane Climatic Zone

East 131 066 130 346 146 349 11,66% 12,28%

North 129 939 130 616 147 400 13,44% 12,85%

South 124 027 125 515 138 235 11,46% 10,13%

West 134 357 133 602 148 449 10,49% 11,11%

Total HVAC GHG

1 536 877 1 439 089 1 644 643 7,01% 14,28%

Average Total GHG 128 073 119 924 137 054 7,01% 14,28%

The correlation in the findings of the research, the experiences of those living in clay brick houses, and the enviable record of clay brick in construction, compound to reaffirm that clay brick buildings, designed and specified with “nature in mind”, stand in a unique space for addressing today’s ‘greater’ sustainability objective. That South Africa has the benefits of a well-entrenched masonry tradition, that masonry is the widest applied building medium and that brick is widely available and cost competitive throughout the country, makes building in brick an ideal choice.

1 Predicted Mean Vote (PMV) is a well known example of a thermal comfort performance indicator

The architect selected Corobrik’s Roan Satin face brick for new Italtile showroom situated in Boksburg. The deep red facebrick contrasts with the dark grey fascia board and charcoal steelwork giving the building clean horizontal lines. This modern building stands out from neighbouring buildings.

MARCH 2014 27

COVER STO

RY

Firelight Satin bricks infuse warmth and character to this interior

Corobrik’s Roan Satin face brick was selected for the new Italtile showroom in Boksburg

MARCH 201428

Innovative use of bricks in architecture around the world

wo

rld

of

bri

ck

s

The Zollverein mining compound in the city of Essen makes

innovative use of red brick on a steel skeleton construction. Source: Stefan Esselborn; http://www.thepolisblog.org

Mapungubwe Interpretation Centre, Limpopo ProvinceShaped by natural structural

forces, large vaulted spans can be achieved with minimal roof

thickness. Local materials were used to make the brick vaults.

Source: architectural-review Peter Rich Architects

Cathedrale de la Resurrection A Roman Catholic cathedral in Évry, France, is unique for its rotund main sanctuary. Designed by Mario Botta

Architetto, it is finished with brick and topped with 24 linden trees, symbolising

life. Paige Cooperstein //www.businessinsider.com

MARCH 2014 29

The Tate Modern Project

The new building is designed by Herzog & de Meuron and will

present a striking combination of the raw and the refined. The

façade will use brick to match the surface of the existing structure,

while creating something radically new – a perforated brick lattice

through which the interior lights will glow in the evening. Windows

and the terrace will appear as cuts in the brick surface. The Tate

Modern extension, second phase is now due for completion in

2016. www.tate.org.uk www.bbc.co.uk

The vC Morris Gift Shop in downtown San Francisco was designed by Frank Lloyd Wright in 1948. This Syrian arch entrance portrays the basic technique of corbeling. Also along the brick course on a horizontal run bricks can be angled slightly to create curved walls. These techniques together can create walls that ondulate1 with freedom that seem to defy gravity and dance. http://architectoid.

blogspot.com/2012/01/modern-brick-construction-in.html1 move in a sequential or rhythmic manner

wo

rld o

f bric

ks

2384

0 SA

B 03

/201

4

The 65 000 m2 Standard Bank building has some 4 500 luminaires connected to a central computer thereby eliminating any re-wiring should the luminaires require re-configuring; 60% of the

building’s steel has more than 90% post-consumer recycled content reducing the embodied energy; 50% of timber has been sourced from Forest Stewardship Council certified suppliers; daylight glare is reduced for 80% of standard working hours and the air-conditioning uses a mix of air cooled chillers reducing the dependency on water.

Ralph van der Merwe, WBHO’s senior general foreman said “With a project as large as this, it was essential that core supplies such as bricks were delivered on time. We chose Oconbrick based on their reputation for reliable service. Oconbrick supplied five million clay stock bricks for this contract.”

Kobus Prinsloo, WBHO’s site agent on the Standard Bank project commented that Oconbrick offered the most competitive pricing, and that, coupled with Ocon’s reliability is what sealed the contract. “Basically we wanted to find the best price for the best quality clay stock brick – Oconbrick gave us that”.

Oconbrick clay stock bricks are environmentally friendly due to being manufactured from natural soil as opposed to chemically compressed materials; they have high performance characteristics and are produced to last, offering greater durability and strength. The clay stock bricks are environmentally friendly offering a low carbon footprint which falls in line with the Standard Bank energy efficiency savings philosophy for their Rosebank building. The bricks have excellent acoustics with low water absorption and are naturally fire resistant.

Oconbrick has supplied bricks to two other five star, Green Star rated buildings, namely ABSA Towers West, Johannesburg and Nedbank Menlyn Maine Falcon Building also in Johannesburg. ■

Oconbrick – supplier of choice for Green Star banksStandard Bank’s Green Star rated building in

Rosebank, Johannesburg continues the trend of

companies establishing environmentally friendly

and energy efficient buildings and joins nine other

developments currently rated five stars with the

Green Building Council of South Africa.

MARCH 201430

wo

rld

of

bri

ck

s

Leo Bricks emergesEmergent brick manufacturer, Johannesburg-based Leo Bricks, was established in 2007 and has grown

considerably since.

According to Leo Bricks’ plant manager Olga Maroga, the past year has been slow for the brick industry; however, the beginning of 2014 has seen an upturn in business. Leo Bricks’ biggest

clients are the owners of the RDP houses in and around Bram Fischer, Meadowlands and Soweto who purchase bricks to extend their houses.

The company bought its first UNI plant brick making machine in 2007 and to date they own two of these machines. Maroga explains: “There were 11 employees at our facility in Meadowlands working with only one machine. A second UNI plant was purchased and our employee base has grown as we needed more people to work the extra machines, as well as drivers and delivery staff.”

She adds that Leo Bricks has since expanded to include two RE600 machines which has resulted in the company opening a second site in Bram Fischer, Johannesburg. “The facility in Bram Fischer has enabled us to manufacture twice the amount of bricks and blocks – and I believe that the company can continue to grow.”

Maroga points out that Leo Bricks has, since its establishment, worked closely with Pan Mixers South Africa (PMSA). “PMSA offers innovative machines to its clients and has provided good quality machines and an excellent after-sales and service support. I will definitely continue to work with them in the future,” she concludes. ■

This UNI Plant brick making machine has been in service at Leo Bricks for six years and is still running well – producing

3 000 hollow block bricks per shift every day

Oconbrick supplied five million clay bricks for Standard Bank’s Green Star rated building in Rosebank

PMSA’s marketing and sales manager, Quintin Booysen, reveals that these sessions will include input from concrete brick making experts and industry leaders from Europe and South Africa.

“The decision to host regular open training and workshop sessions is of particular importance to PMSA, especially as our product and service offering to the construction, mining and precast concrete sectors continues to expand at a consistent rate across South and Southern Africa.”

Booysen notes that PMSA will be conducting monthly seminars, to which it will invite up to 17 industry professionals per session. “These seminars will be between half and one day events where outside companies can come and learn more about what PMSA has to offer, and the latest developments in concrete brick-making and related equipment.”

“The seminars will showcase the products and services we have to offer, as well as explaining developments in the technology.”

Twelve seminars are planned for 2014 amongst which are: Wil El Mil wet pressing technology for street kerbs and concrete products; RAMPF on moulding technology for brick and block machines; a Finke workshop examining oxide dosing and metering systems; Pavatile’s workshop on moulds for simulated stone; and PMSA’s own automation and product handling of brick and block making machinery.

Booysen comments that in the future, PMSA is planning to host more in-depth, two day courses for owners of equipment as well as prospective clients. “These seminars keep us active in the South African market, and give us a competitive advantage. We are supplying valuable technology training and the latest information to the market,” he concludes. ■

Concrete brick workshop sessions add value to marketPan Mixers South Africa (PMSA) is geared to provide greater value-added

support to its client base through its new industry-specific open training

and workshop sessions to be held at its showroom in Jet Park, Boksburg.

MARCH 2014 31

wo

rld o

f bric

ks

PMSA’s training and seminar centre

2383

8 SA

B 03

/201

4

2384

1 SA

B 03

/201

4

MARCH 201434

ad

jud

ica

tio

n,

me

dia

tio

n a

nd

arb

itra

tio

n

Adjudication is working well in South AfricaBy Euan Massey, attorney and director of MDA Consulting (Pty) Ltd

Adjudication, as a method of resolving construction disputes in the South African construction industry, has been around for over 15 years. Although there has been some limited institutional

intervention in the implementation of adjudication across construction contracts it is, in practice, still a purely contractual dispute resolution process.

This contractual process involves referring disputes to a third party – an adjudicator – on an expedited basis, for an interim and binding decision, which is capable of being overturned in subsequent arbitration or litigation.

Adjudication in South Africa has a number of critics who typically cite the lack of legislation supporting adjudication as the reason why it simply will not and cannot work1. Countries such as Australia, Singapore and New Zealand all have construction payment legislation which introduce statutory adjudication, entrenching a party’s right to refer construction disputes to adjudication. The existence of such legislation further enables a party who holds

an adjudicator’s decision in his favour to approach court for the enforcement of such decision. Such critics often fail to take into consideration that in some of these jurisdictions case law exists which predates the enactment of legislation and which points to a preference to enforce adjudicator’s decisions2.

Despite this line of criticism it is clear that our courts have taken a robust approach to enforcing contractual adjudication and the decisions of adjudicators. This article discusses the court’s approach to adjudication by reference to various decisions and will conclude that despite the lack of a statutory framework, adjudication still has much to offer to the construction industry.

In March 2010 the South Gauteng High Court held that a notice of dissatisfaction issued in response to an adjudicator’s decision, under the Joint Building Contracts Committee (JBCC) 2000 principal building agreement, did not absolve the employer from honouring its obligation to make payment of the principal agent’s interim payment certificate certifying payment in the amount of the adjudicator’s award3. In this case the contractor successfully applied to court for an order of specific performance ordering the employer to make payment of the principal agent’s interim payment certificate. Furthermore, the court indirectly endorsed the enforcement of an adjudicator’s decision, even in the face of alleged irregularities in the decision.

In April 2010 the South Gauteng High Court awarded summary judgment against Eskom Holdings Limited on the basis of two adjudicators’ decisions given in favour of its contractor, Transdeco GTMH (Pty) Limited under the

NEC (second edition) form of contract4. In rejecting Eskom’s arguments that it had bona fide defences to the action (which was, by that stage, raised by Transdeco’s liquidators), the court found that even where the adjudicator’s decision was given out of the allowed time period, it was still enforceable.

In May 2013 the South Gauteng High Court applied an earlier judgment in Bombela in an application to enforce a Dispute Adjudication Board (DAB) decision reached under one of the subcontracts on the Kusile power plant project5 based on the (Fédération Internationale Des Ingénieurs – Conseils, from French, the International Federation of Consulting Engineers) FIDIC general conditions in which the court held:“18. I therefore find that the terms of the relevant

contractual provisions are perfectly clear: the parties are obliged to promptly give effect to a decision by the DAB. The issue of a notice of dissatisfaction does not in any way detract from this obligation; whilst such a notice is necessary where the dissatisfied party wishes to have the decision revised it does not affect that decision; it simply sets in motion the procedure in which the decision may be revised. But until revised, the decision binds the parties and they must give prompt effect thereto.

19. Any room for doubt regarding the interpretation of these provisions was laid to rest by the judgment of this court in Bombela. This court has declared that such a notice of dissatisfaction does not excuse performance by the party giving such notice from giving effect to the decision in the interim.”

On 14 May 2013 the Supreme Court of Appeal heard its first case regarding adjudication6. The case did not involve the enforcement of an adjudicator’s decision and although the judgment is specific to the JBCC Adjudication Rules, it nevertheless illustrates the court’s perception of adjudication and how it should be applied. The case concerned an appeal from the Eastern Cape High Court, Grahamstown which found that an arbitrator, appointed pursuant of a JBCC contract for the construction of the East London Convention Centre had no jurisdiction to hear certain disputes referred to him post practical completion. One of the grounds raised by the employer in the court a quo, attacking the jurisdiction of the arbitrator, was that there had been no prior adjudication of the disputes referred to him.

In respect of this line of argument the court stated the following:

“When read together with the Rules, I think it is plain that, in keeping with modern practice internationally, adjudication under clause 40 is designed as a measure for the summary and interim resolution of disputes, subject to their final resolution by arbitration where appropriate.”7

“I have already explained at some length that the question whether a dispute is to be resolved by adjudication, or

Euan Massey, attorney and director of MDA Consulting (Pty) Ltd

to page 36

MARCH 2014 35

ad

jud

ica

tion

, me

dia

tion

an

d a

rbitra

tion

Adjudication: the South African experience to dateAuthors: Vaughan Hattingh BA, LLB (Wits), Professor Tinus Maritz PrQS PMAQS

MRICS FAIB BSc(QS) with distinction, MSc(QS) with distinction, and PhD

Recognising the entrenchment of alternative dispute resolution (ADR) procedures for resolving labour disputes

in the Labour Relations Act No. 66 of 19951 and the successful application of ADR procedures in the private sector, the White Paper on Creating an Environment for Reconstruction Growth and Development in the Construction Industry2 commits the public sector to promoting the application of ADR procedures, in particular adjudication, in the South African construction industry3.

In promoting the application of adjudication for managing disputes throughout the South African construction industry the White Paper confirms that recommendations adapted largely from the Latham report will be introduced to the construction industry, specifically for public-sector contracts4. Latham5, amongst other things, recommended that a system of adjudication should be introduced within all the Standard Forms of Contract (except where comparable arrangements already exist for mediation or conciliation) and that this should be underpinned by legislation. In addition to the Construction Industry Development Board (CIDB) encouraging the adoption of adjudication into South African construction practice through Best Practice Guideline # C2: Choosing an appropriate form of contract for engineering and construction works6, the industry itself has largely embraced the procedure . . . whereby the parties agree to confer jurisdiction on an adjudicator to decide the particular dispute that has arisen between them . . .7 as a means . . . to find some sensible resolution of their problem and then get back to their real business . . .8 Ad hoc adjudication is a procedure . . . whereby the parties agree to confer jurisdiction on an adjudicator to decide the particular dispute that has arisen between them . . .9

The South African Courts’ interventionThe South African Courts’ express recognition of the purpose of adjudication and persistent willingness to adopt a robust approach to enforcement of adjudicators’ decisions is positively contributing to the increasing penetration of ad hoc adjudication into South African construction practice and will be critical in underpinning any future form of mandatory statutory adjudication introduced into South African jurisprudence.

In both Basil Read (Pty) Ltd v Regent Devco (Pty) Ltd10 and Freeman, August Wilhelm N.O, Mathebula, Trihani Sitos de Sitos NO v Eskom Holdings Limited11 the High Court of South Africa has exhibited a clear willingness to adopt a similar robust approach to enforcement of adjudicators’ decisions made through the application of the ad hoc adjudication procedure widely applied throughout the South African construction industry as has persistently been applied by the English Courts.

In Freeman, et al. v Eskom Holdings Limited12 the High Court of South Africa awarded summary judgment against Eskom enforcing several decisions furnished by the adjudicator holding that the adjudicator’s decisions were enforceable as a matter of contractual obligation13.

The same willingness has been shown by the South African High Courts in two recent High Court decisions:

In Tubular Holdings (Pty) Ltd • and DBT Technologies (Pty) Ltd

disputes arising in connection with a subcontract on Eskom’s Kusile Coal Fired Power Station Project were referred to a Dispute Adjudication Board (DAB) consisting of a single member. Tubular Holdings (Pty) Ltd made application to the South Gauteng High Court by motion application for an order compelling DBT Technologies (Pty) Ltd to comply with the DAB’s decision.The issue between the parties before Du Plessis AJ • related to the interpretation of the standard clause 20.4 of the FIDIC suite of contracts, (Fédération Internationale Des Ingénieurs – Conseils, from French, the International Federation of Consulting Engineers) Conditions of Contract 1999 (First Edition). Du Plessis AJ summarised the dispute as follows The applicant submits that the parties are required to give prompt action to the decision by the DAB which is binding unless and until it is set aside by agreement or arbitration following a notice of dissatisfaction whereas the respondent says that the mere giving of a notice of dissatisfaction undoes the effect of the decision14.

In granting Tubular Holdings (Pty) Ltd an order for specific performance compelling DBT Technologies (Pty) Ltd to comply with the DAB’s decision Du Plessis AJ specifically in regard to clause 20.4 of the FIDIC held that the scheme of these provisions is as follows: the parties must give prompt effect to a decision. If a party is dissatisfied he must nonetheless live with it but must deliver his notice of dissatisfaction within 28 days failing which it will become final and binding. If he has given his notice of dissatisfaction he can have the decision reviewed in arbitration. If he is successful the decision will be set aside. But until that has happened the decision stands and he has to comply with it15.

In Esor Africa (Pty) Ltd/Franki Africa (Pty) Ltd JV v Bombela Civils JV a dispute arose in connection with construction works executed by Esor Africa (Pty) Ltd/Franki Africa (Pty) Ltd JV (applicant) regarding certain piling and lateral support work on the Gautrain rapid rail link project. The dispute was referred to a DAB consisting of a single member in accordance with clause 20.4 of the FIDIC. Esor Africa (Pty) Ltd/Franki Africa (Pty) Ltd JV made application for an order for specific performance compelling Bombela Civils JV to comply with the DAB’s decision.

Professor Tinus MaritzVaughan Hattingh

to page 36

MARCH 201436

whether it is to be resolved by arbitration depends upon when it is submitted for resolution, and not upon when the dispute arises. A contractor is not obliged to submit a dispute to adjudication. He may choose instead to complete the works and submit it then to arbitration.”8

The South African Court’s express recognition of the purpose and policy of adjudication and its consistent willingness to enforce adjudicator’s decisions is resulting in the growth of ad hoc adjudication as the primary choice of dispute resolution procedure.

The news is clear. Adjudication is working well in South Africa. ■

1 See for example Mr Mark Ilbury’s blog at http://www.constructionlaw.co.za/blog/default.aspx?dtf=20090901000000&dtt=20090930235959 last accessed on 17 June 2013.

2 See the English case of Drake & Scull Engineering Ltd v McLaughlin & Harvey Plc [1993] 60 BLR 102 (QB) where the court granted a mandatory injunction to enforce an adjudicator’s award under the DOM/1 standard form of domestic subcontract.

3 See unreported judgment of Mokgoatlheng J in the South Gauteng High Court – Basil Read (Pty) Limited v Regent Devco (Pty) Limited Case No: 41109/09, a copy of which can be downloaded at http://www.saflii.org/za/cases/ZAGPJHC/2010/75.html last accessed on 17 June 2013.

4 See unreported judgment of Kathree-Setiloane AJ in the Gauteng South High Court – Freeman NO v Eskom Holdings Ltd Case No: 43346/09 , a copy of which can be downloaded from http://www.saflii.org/za/cases/ZAGPJHC/2010/29.html last accessed on 17 June 2013.

5 See unreported judgment of D T v R du Plessis in the South Gauteng High Court

– Tubular Holdings (Pty) Limited v DBT Technologies (Pty) Limited Case No: 06757/2013

6 See unreported judgment of Nugent JA, Leach JJA, Pillay JJA, Erasmus AJJA and Saldulker AJJA – Radon Projects (Pty) Limited v N V Properties (Pty) Limited and Gary Stephen Myburgh Case No: 528/12, a copy of which can be downloaded from http://www.saflii.org/za/cases/ZASCA/2013/83.html last accessed on 21 June 2013.

7 See Nugent JA, note 7, at paragraph 8.8 See Nugent JA, note 7 at paragraph 21.

AdjudICATION, MEdIATION & ARBITRATION in our construction industry

during 2013 South African Builder addressed discussions around the serious ramifications of the issue of “non-payment” of contractors. This scourge has been a bone of contention in our construction industry, adversely affecting contractors to the degree that has, in some cases, caused closure of businesses.

The topic was also addressed at Master Builders South Africa Congress 2013, where Professor Tinus Maritz of the university of Pretoria explained the problem in considerable detail. It also made headlines in a recent Carte Blanche programme.

Here, through two complimentary contributions by respected legal and contractual specialists in our industry – and a series of case studies – we bring you the current status of progress in the firm establishment and acceptance of AdjudICATION, MEdIATION & ARBITRATION in our legal system.

The dispute between the parties before Spilg J fell to be resolved by a proper interpretation of the dispute resolution clauses dealing with the effect of a DAB decision . The dispute

resolution clauses referred to by Spilg J were the standard clauses contained under clause 20 [Claim, Disputes and Arbitration] of the FIDIC.

In granting Esor Africa (Pty) Ltd/Franki Africa (Pty) Ltd JV an order for specific performance compelling Bombela Civils JV to comply with the DAB’s decision Spilg J concluded that in order to give effect to the DAB provisions of the contract the respondent cannot withhold payment of the amount determined by the adjudicator, and in my view is precluded by the terms of the provisions of clause 20 (and in particular clauses 20.4 and 20.6) from doing so pending the outcome of the arbitration. In my view it was precisely to avoid this situation that the clauses were worded in this fashion.

Considering the benefits of the adjudication procedure Spilg J held that the benefit gained by the employer was that the contractor could not withhold performance of its obligations but was obliged to carry on with the works even if a DAB finding was not in its favour. In the construction industry cash flow for the contractor and ensuring completion of the works for the employer are essential. The DAB provision is clearly intended to provide an expedited process of dealing with disputes as and when they arise, including the adequacy of interim payment certificates . . . In the most elementary way the DAB process ensures the interim solution of an issue which requires performance and requires that the decision is implemented. The parties’ position may be altered by the

outcome of the eventual arbitration which is a lengthier process and there may be a refund ordered of monies paid or an interest readjustment if too little was decided by the DAB.

Since an application to the South African High Court for enforcement of an adjudicator’s decision is invariably founded squarely on the provisions of the underlying contract, in the authors’ view, the Esor Africa (Pty) Ltd/Franki Africa (Pty) Ltd JV v Bombela Civils JV judgment correctly reflects the current South African jurisprudence with regards to enforcement of adjudicator’s decisions. The High Court’s concise summation of the primary purpose of adjudication sends a definite clear signal to the South African construction industry that the High Court shall support the adjudication process, irrespective of the absence of legislation underpinning the adjudication procedure.

In Radon Projects v N V Properties16 – the first South African Supreme Court of Appeal case dealing with the adjudication procedure – the Supreme Court of Appeal critically considered the court a quo’s order that an appointed arbitrator had no jurisdiction to arbitrate the referred dispute as the dispute had arisen prior to practical completion and was as such required to be submitted to adjudication, in the first instance, in accordance with clause 40 of the 4th Edition (March 2004) of the Joint Building Contracts Committee (JBCC) standard form of construction contract. In reversing the court a quo’s decision Nugent JA (delivering a unanimous judgement) concluded that When read together with the Rules, I think it is plain that, in keeping with modern practice internationally, adjudication under clause 40 is designed as a measure for the summary and interim resolution of disputes, subject to their final resolution by arbitration where appropriate17.

In Stefanutti Stocks (Pty) Limited vs 8 Property (Pty) Limited18 Wepener J resonated the South African High Courts’ robust

from page 34

from page 35a

dju

dic

ati

on

, m

ed

iati

on

an

d a

rbit

rati

on

MARCH 2014 37

approach to enforcement of adjudicator’s decisions determining that Having regard to the purpose of the provisions of the agreement by introducing a speedy settling of disputes in construction agreements on a provisional, interim basis, I can find no reason not to follow the judgment in . . . in Bombela . . . The purpose of the policy to implement the adjudicator’s decision is also to obviate the tactical creation of disputes with a view to the postponement of liability19.

Introducing mandatory adjudication into South African jurisprudenceFollowing an investigation into the implementation of ad hoc adjudication in the South African construction industry Maiketso and Maritz20 concluded that . . . adjudication has found acceptance in the SA construction industry. However, it still has some way to go before its potential can be realised in full. Certain challenges need to be overcome to enable this to happen, which range from the contractual, institutional and legislative framework, to matters of skills and training . . . 21 The CIDB has made a concerted effort to overcome the challenges referred to by Maiketso and Maritz22 by recommending the legislative framework necessary to introduce adjudication into South African jurisprudence.

During September 2012 the CIDB approved draft regulations consisting of Part IV C titled “Prompt Payment” and Part IV D titled

“Adjudication” (the “draft regulations”) including a Standard for Adjudication (“the Standard”) which were submitted to the

Minister of Public Works23 for consideration.

Notwithstanding the CIDB’s optimistic view put forward in a publication titled “Subcontracting in the South African Construction Industry; opportunities for development” on page 17 that “It is anticipated that the CIDB Prompt Payment Regulations could be enacted in 2013”, the regulations have not yet been enacted in time of writing this article (March 2014).

The department of Public Works (dPW) Task Team appointed to consider the draft regulations intended submitting a set of revised regulations to the dPW’s Executive Committee by the end of February 2014 for consideration. Should the dPW’s Executive Committee approve the revised regulations they will be processed for the Minister of Public Works’ approval.

Statutory adjudication is, consequent on the enactment of Part F [Companies Tribunal adjudication procedures] of the Companies Act24, no longer entirely foreign to South African jurisprudence, both the South African government and construction industry have recognised the proven effectiveness of such systems internationally and the South African courts have exhibited a definite willingness to enforce an adjudicator’s decision. Therefore, there is every compelling reason for the draft regulations to be given the force of law by the Minister of Public Works.

Statutory adjudication was first introduced into the United Kingdom through enactment of Part II of the HGCRA which came into force in May 1998. The Local Democracy Economic Development Act, 2009 subsequently effected changes to the adjudication and payment provisions contained in the HGCRA. Three years after enactment of the HGCRA the state of New South Wales enacted the Building and Construction Industry Security of Payment Act, 1999 (the NSW Act), modelled on the HGCRA. The NSW Act served as the model upon which most other Australian jurisdictions, to varying degrees, based their construction contracts legislation, culminating in the Tasmanian Act which received Royal Assent on 17 December 2009. Other states and territories across Australia, including Victoria, Queensland, Northern

Territory, Western Australia, Australian Capital Territory, South Australia and Tasmania, have enacted similar legislation. The Western Australia and Northern Territory models differ significantly from the other Australian legislation in respect of the underlying conceptual framework and content. An examination of each act not only exposes differences between the West Coast and East Coast models but also significant disparities between the acts within each division revealing the law as a multi-headed hydra rather than a guardian angel.

Conclusion“Ad hoc adjudication continues to work effectively across the South African construction industry,” says Prof. Maritz. “And the legislative framework proposed by the CIDB will, once implemented, solidify a desperately needed speedy mechanism for settling disputes in construction contracts on a provisional interim basis and will significantly enhance delivery, performance, profitability and the industry’s long term survival in an increasingly global arena.”

The Labour Relations Act No. 66 of 1995 was enacted to, inter alia, provide 1. simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent ADR services accredited for that purpose.The “White Paper on Creating an Enabling Environment for Reconstruction, 2. Growth and Development in the Construction Industry”, published under Notice 89 in Government Gazette No 18615, Volume 391 on 14 January 1998.Refer to note 2 above under paragraph 4.1.5.3 [ADR]. 3. Refer to note 2 above under paragraph 4.1.5.3 [ADR].4. Latham M (1993) Trust and Money. Interim Report of the Joint Government/ 5. Industry Review of the Procurement and Contractual Arrangements in the United Kingdom Construction Industry, London: HMSO. Latham M (1994) Constructing the Team. Final Report of the Government/Industry Review of the Procurement and Contractual Arrangements in the United Kingdom Construction Industry, London: HMSO.Best Practice Guideline # C2: Choosing an appropriate form of contract for 6. engineering and construction works, Second edition of CIDB document 1010, September 2005 downloadable on www.CIDB.org.za , sets out in Annexure 1 at page 15, the essential and desirable criteria, as well as the rationale for such criteria, for acceptable forms of engineering and construction works contracts in South Africa. This guide enabled decisions to be taken regarding which forms of contracts should be used in South Africa. The criteria which are presented also inform the development and direction of new forms of contract and the revision of existing forms of contract.Coulson Peter (Sir), Construction Adjudication, second edition, Oxford 7. University Press, 2011 at page 185.Mr Justice Jackson, The Tower of Babel: What happens when a building 8. contract goes wrong, The 2006 Denning Lecture given in Gray’s Inn, London on 28th November 2006, downloadable from www.scl.org.uk.Coulson P (Sir), Construction Adjudication, second edition, Oxford University 9. Press, 2011 at page 185.An unreported decision of the South Gauteng High Court handed down on 10. 09 March 2010. An unreported judgment of the South Gauteng High Court dated 23 April 2010.11. An unreported judgment of the South Gauteng High Court dated 23 April 2010.12. Refer to note 12 paragraph 25.13. Refer to note 14 above at paragraph 5.14. Refer to note 14 above at paragraph 14.15. Radon Projects v N V Properties and Gary Stephen Myburgh [2013] 3 All SA 16. 615 (SCA).Refer to note 21 at paragraph 8.17. Stefanutti Stocks (Pty) Limited v S 8 Property (Pty) Limited [2013] ZAGPJHC 18. 249 (23 October 2013).Refer to note 23 at paragraph 16.19. Maiketso NC and Maritz MJ, What are the requirements for the South African 20. construction industry to fully utilise adjudication?, Royal Institute of Chartered Surveyors, 12 Great George Street, London, SWIP 3 AD, United Kingdom, September 2009.Refer to note 25 above at page 1566.21. Refer to note 25 above22. Section 8 of the CIDB Act 38 of 2000 provides that the Board …may advise 23. the Minister on policy and legislation impacting on the construction industry or propose amendments to this Act to the Minister . . .The Companies Act No.71 of 2008 has completely overhauled the South African 24. company law legislative framework.

ad

jud

ica

tion

, me

dia

tion

an

d a

rbitra

tion

MARCH 201438

The South African Court disagreed. A more recent decision of the English Court of Appeal (in line with the South African decision) is additionally instructive on an agent’s duty to account to

its principal for all information (and not necessarily in paper form or recorded otherwise than in paper form) in its possession.

The Court made the following comment:

“If the agency agreement with the architect is terminated prior to the completion of the project, the principal, due to the nature of the architect’s duties in terms of the agreement, is entitled to full disclosure of all relevant instructions and decisions. The respondents as architects on the project thus have a duty to account to the [employer] for the work they did on the project as principal agent”.

The Court accordingly held that the Principal Agent was obliged to deliver such further explanation of its contract administration and the performance of its function as Principal Agent, as was reasonably required by the Employer, at no additional cost to the Employer, and ordered the production of the relevant instructions and documents sought.

The only agreement relied upon by the Employer in that matter was the JBCC Building Contract (the Principal Agent being a party to that agreement). The Court however found that the duty to account in good faith to the Principal/Employer was one implied by law, and relying on the English Law held that that duty extended beyond the termination of the Agent’s mandate.

Of interest in relation to this duty is a recent decision of the English Court of Appeal in Fairstar Heavy Transport N.V. v Philip Jeffrey Adkins & Another [2013] EWCA Civ 886. In that matter the Principal/Employer required the Agent to give it access to the content of emails relating to the Principal/Employer’s business affairs as conducted by the Agent, subsequent to the termination of the relationship. Briefly:

The Principal/Employer sought the information based • on a proprietary (ownership) right.The Agent argued that there was no proprietary right/• right of ownership in information and for that reason the Principal/Employer was not entitled to the information.The English Court of Appeal found that the Principal/• Employer’s reliance on a proprietary right was a “distraction from the centrality of the agency relationship and its legal incidents”. In other words the ownership rights or entitlement to information held by the Agent were of no relevance in the context of the

Principal/Employer’s right to access the information, which arose solely out of the Principal/Agent relationship. Based on the obligations inherent in the agency relationship, the Appeal Court ordered the Agent to make the information available to the Principal/Employer.

CommentThe South African decision was one of a lower court and not the subject of an appeal to our Supreme Court of Appeal.

This approach opens the door for Principals/Employers to exercise their right to access all information held by their Agents, whether during or after the subsistence of the relationship. This right would prevail regardless of the Agent’s proprietary right over the information in its possession, for instance copyright in the material/documents which might also be reserved in its favour in an underlying professional services agreement, or because the information constitutes intellectual property or know-how (although the agent would retain its remedies should the principal/employer misuse proprietary information).

There would however remain one qualification and that is the exercise by an agent of a lien (or right of retention) over documents created by the agent in the course of its mandate, in order to secure outstanding payment for work done. In common law, agents may exercise a lien over their principal/employer’s property. Architects, for instance, have a right to exercise a lien or a right of retention over plans, tender documents, diagrams and letters prepared by them, as security for outstanding payment. This qualification should therefore be borne in mind by a principal/employer wishing to access documentation held by their former agent. Such qualification would in our view also extend to information (not in paper form or recorded otherwise than in paper form). ■

An absolute obligation? The agent’s duty to account to the principal/employer post termination of mandate

ENSafrica recently reported on a judgment of the Western Cape High Court

which dealt with a Principal Agent’s obligation to account to an Employer for the work that it had

done on a building project, in order properly to assess the instructions issued by it to the Contractor.

The Principal Agent had argued that it had no duty to account as its mandate had been terminated,

and refused to account.

Robert Scott – Director in the litigation: dispute resolution, insurance

and construction department at

ENSafrica

Kate Swart – Candidate attorney in the

litigation: dispute resolution, insurance

and construction department at

ENSafrica

ad

jud

ica

tio

n,

me

dia

tio

n a

nd

arb

itra

tio

n

MARCH 2014 39

However, says Dr Jerry Gule, Chairman of South African Employers for Disability (SAE4D), making your business premises accessible need not be difficult, or particularly expensive, especially if

you are renovating offices or building a new structure.

SAE4D is an employer organisation that is committed to addressing issues confronting the integration of people with disabilities in the workplace.

Dr Gule points out that in terms of the National Building Regulations and Building Standards Act as amended and published by the Department of Trade and Industry in May 2008, businesses may be obliged to ensure that their businesses are accessible to people with disabilities.

“The building regulations are lenient on buildings built before the regulations were implemented in 2008; but if you make any alterations to a building, you may be required to make the building compliant with the new accessibility requirements,” he says.

The regulations relate to all aspects of accessibility and covers such aspects as doors and doorways, ramps, stairways, handrails, lifts, toilet facilities, auditoriums and halls, obstructions in the path of travel, parking and indication of facilities.

“The problem, however, is that many well-meaning organisations go ahead and install access facilities which turn out to be totally unsuitable. For example, they may make ramps too steep or doorways too narrow for wheelchairs. These then have to be broken down and redone, at considerable expense,” he adds.

“It is therefore extremely important that before commencing on any building project, an architect, builder or organisation that has specialist knowledge of the requirements advise the building owner about disability access.”

According to building and construction writers Janek Szymanowski and Penny Swift, the essential requirements regarding accessibility for people with disabilities include: 1. People with disabilities should be able to safely enter

the building and be able to safely use all the facilities within it – specifically toilets.

2. There must be a means of access that is suitable for people with disabilities to use. In addition, access must be available from various approaches of the building via the main entrance and any secondary entrances.

3. There must be a means of egress (a point of departure) that is suitable for people with disabilities to use in the event of any emergency. This relates to any sort of emergency, but in addition, a further clause states that departure routes (or egress) must

also be designed in accordance with the Fire Protection regulations.

4. Lifts in buildings must be able to serve the needs of people with disabilities. This includes ensuring that any commonly used “path of travel” MUST be free of any sort of obstacles that would limit, restrict or endanger people with disabilities who use that route.

5. There must also be absolutely no obstacles that will prevent people with disabilities from accessing facilities within the building. The regulations refer specifically to people with impaired vision, but they also relate to people using wheelchairs, or people who use other assistive devices for walking.

5. Buildings that incorporate halls or auditoriums for public use are obliged to ensure that a reasonable percentage of space is available for people in using wheelchairs or other assistive devices.

In addition to these clauses, the National Building Regulations state that where there is parking available for more than 50 motor vehicles, there must be parking facilities that accommodate people with disabilities. There is also an obligation to ensure that persons with disabilities are provided with a suitable means of access from the parking area to the ground floor of the building.

pro

jec

t ne

ws

Design your buildings to accommodate the disabledOne of the greatest barriers to the employment of people with disabilities is physical –

the business premises are simply not accessible not only to people in wheelchairs,

but also to people with visual impairments.

South African Employers for disability (SAE4d) is a body constituted by employers who are committed to addressing issues confronting the integration of people with disabilities in the workplace. The organisation was set up to share experience, develop best practices, confront and tackle prejudices that act as barriers to the integration of people with disabilities in the workplace, and form a common understanding of the challenges and solutions required to fully develop the potential of people with disabilities to contribute meaningfully to society and business.

SAE4d members are South African companies who are signatories to the Constitution of the SAE4d, its principles and values.

Current SAE4d members include: ABB; Absa; Anglo American; Barloworld; Bowman Gilfillan; Edcon; Ernst & Young; Eskom; Glenrand; KPMG; Lorimar; Nedbank; PPC; SAB and Total.

Dr Jerry Gule, Chairman of South

African Employers for Disability (SAE4D)

Africa hamstrung by lack of reliable infrastructure

Projects for AfricaReliable electricity, water and road infrastructure is

what Africa desperately needs for economic success.

This is according to Linda Cele, new business

development manager: power and energy, for

engineering consulting firm, GIBB.

The continent needs sound infrastructure to improve its trading capability and to attract significant investment opportunities,” said Cele.

“Electrical infrastructure development in particular is pivotal to Africa’s development. From a strategic perspective, Africa is held back by its lack of infrastructure across the board, particularly its lack of electricity infrastructure,” continued Cele. “Without it basic functions such as pumping of water and processing of aggregates and tar for road construction cannot be performed. A robust electrical infrastructure will improve productivity, attract investors and open up greater opportunities for education and job creation.”

Infrastructure development is also crucial in addressing many of the social and economic challenges that hinder progress on the continent, he says.

Cele believes that this is where GIBB can play a significant role. With an established footprint in South Africa and projects underway in Swaziland, Mozambique, Malawi, Zambia, Nigeria, Uganda, Seychelles, Botswana and Angola, the company has developed deep insight into the socio-economic dynamics of several countries on the continent.

“As a company, our focus for Africa is infrastructure. We believe if we are amongst those who provide high quality and responsible infrastructure services, the continent will have reliable systems in place for the foreseeable future. No country wants an infrastructure that is assumed to have a lifespan of 40 years, but collapses after 10 years due to poor quality or a lack of skills,” said Cele.

GIBB goes to great lengths to ensure that completed installations can be efficiently operated and properly maintained after contractors have handed over. This provides attractive skills transfer prospects for the local communities, as well as sustainable business opportunities for local businesses.

“Most of our involvement to date has been in the southern region of the continent and largely in countries where English is the predominant business language. We are cognisant that language can be a barrier to success in Africa, especially with regards to engineering where every challenge needs to be clearly understood in order to provide a solution that accurately addresses it,” said Cele.

MARCH 201440

pro

jec

t n

ew

s

“Linda Cele, new business development manager: power and

energy, GIBB Consulting

The machine hall of the Ingula Pumped Storage Scheme Project in the Drakensberg. GIBB is a Joint Venture partner on this

project, together with Royal HaskoningDHV and Knight Piésold. The scheme, which is designed to contribute to South Africa’s

power demand in a way that will enhance maximum power generation efficiency, is due for completion in 2015

MARCH 2014 41

pro

jec

t ne

ws

He said most English speaking countries in Africa lean toward British specification standards, which tend to be common in the engineering field. “This makes it relatively easy to understand and adhere to in terms of the work we produce for the various countries.”

Another reason that GIBB has conducted the majority of its business south of the Sahara until now relates to logistics and cost to business. “We need to consider what makes the most business sense for us, bearing in mind that we’re operating from the tip of Africa. Southern African Development Community (SADC) countries are relatively close, which keeps travel and logistics costs down.

“In addition, European countries have a fairly strong foothold in the northern part of Africa, which translates into high competition and high overheads for us,” said Cele.

Importantly, when it comes to infrastructure development, revenues are largely generated for government institutions. This means guarantees for funds need to be backed by government in a particular country. “At the end of the day it is government who will be the custodian of the infrastructure. Funders will only release their funds after looking at the government and weighing up factors such as revenue generation and political stability against the project cost.”

In this respect, GIBB has set up a division to assist African countries in structuring models that attract funders and benefit the country.

Cele added that the learning curves on the continent can be steep, but rewarding. “GIBB is not daunted by the challenges in African countries, believing rather that it can make a positive and productive contribution to the future success of the continent.” ■

2225

8 SA

B 03

/201

3

Although 2014 is likely to be a challenging year in Nigeria with elections coming up in 2015 and with the rapid growth rate that Nigeria is expected to deliver, opportunities for business and trade in

that country remain good but tough,” said Reddi.

“South African exports to Nigeria are on the rise, totaling R5,8 billion in 2011, R6,4 billion in 2012 and R7,81 billion last year, compared to total African exports – including BLNS countries (Botswana, Lesotho, Namibia and Swaziland collectively) – of R264,2 billion,” continued Reddi. “It could be argued that South African exporters are yet to capture anything near to the full potential of the Nigerian market.”

“Furthermore, it is likely that Nigeria’s economy will exceed that of South Africa’s by the end of the decade. Consequently, numerous South African based entities across many diverse industries, including those in construction, are considering a foray into the Nigerian economy.”

The entrepreneurial environment in Nigeria, however, continues to be burdened by time-consuming and costly regulatory procedures and licensing costs still average over four times the level of average annual income. Inflation has eased somewhat but is still high at above 12% in 2012 although it was expected to have entered single digit territory last year and approach 7 – 8% over 2014 – 2015 although currency weakness may thwart this.

The country continues to be hampered by political instability, corruption, inadequate infrastructure, and poor macroeconomic management; slow implementation of reforms remains a hindrance to growth, but

government continues working towards developing stronger public-private partnerships for roads, agriculture, and power.

Nigeria is the most populous African country on the continent with more than 160 million people. Its GDP in 2012 was upwards of US$455 billion; with a strong surge in oil production, the economy has expanded quickly, achieving an average annual growth rate of 7% over the past five years. GDP growth did however slow from 7,4% in 2011 to 6,6% in 2012 and marginally lower last year, although the IMF does see this improving to around 7% over 2014 – 2015. The country is Africa’s leading oil producer, although sabotage of oil facilities and pipelines and violent attacks on foreign oil workers in the Niger Delta impede output. The capital intensive nature of the economy inhibits job creation and the African Development Bank admits that this is a hurdle to poverty alleviation. Government has begun to show the political will to implement market-oriented reforms previously urged by the IMF. Some of these include the modernisation of banking systems, removal of subsidies, and resolving of disputes relating to the distribution of earnings from the oil industry. The country was not immune to the global financial and economic crisis and the Central Bank governor has taken measures to restructure and strengthen the banking sector to include imposing mandatory higher minimum capital requirements. According to the Heritage Foundation in partnership with the Wall Street Journal, the public and energy sectors employ much of the formal labour force, and an increase in the minimum wage has reduced hiring flexibility and undercut labour productivity. The structural changes that

Payment protection vital for business operations in NigeriaCredit Guarantee

Success stories are in the offing for those

who have ‘done their homework’ and taken

the time to understand the Nigerian market

dynamics. This is according to Theo Reddi,

General Manager – Trade Credit, at Credit

Guarantee Insurance Corporation.

MARCH 201442

into

afr

ica

Into Africawith

Theo Reddi, general manager – trade credit, at Credit Guarantee

Insurance Corporation

“

are critical to broad-based development have not emerged. There has been prolonged regulatory uncertainty with legislation designed to introduce sweeping changes to the oil and gas industry not moving forward over the past four years. The legal system suffers from political interference, bureaucratic delays, insufficient funding, and the lack of a document-processing system. One of the world’s least efficient property registration systems makes it difficult to acquire and maintain rights to property. Enforcement of copyrights, patents, and trademarks is deficient. Rampant corruption, high crime, and insecurity continue to weaken the rule of law. Ethnic, regional, and religious violence has taken a heavy toll, aggravated by the imposition of Islamic law in the northern states, while Islamic terrorism by Boko Haram in the predominantly Muslim North has caused regional instability. Oil and gas account for about 90% of export earnings and 80% of government revenue. The informal economy is extensive, and a majority of the population is engaged in agriculture. The Foundation reports that the top income tax rate is 24% and the top corporate tax rate 30%. Other taxes include a value-added tax and a capital gains tax. The overall tax burden equals 16,3% of total domestic income. Government spending is equivalent to 29,1% of total domestic output. The budget is in a slight surplus, and public debt remains below 20% of GDP.

The trade-weighted average tariff rate is quite high at 10,6% and slow customs procedures further deter dynamic growth in trade. Most sectors are open to private investment, and regulations formally treat foreign and domestic investment equally, but the investment regime lacks efficiency. Reform in the financial sector has been ongoing since 2009, but the state continues to influence the allocation of credit. “We believe that consideration of payment protection for goods delivered to Nigeria is vital,” concludes Reddi. ■

MARCH 2014 43

co

mp

an

y n

ew

s

The Geregu II Power Plant, situated in Ajaokuta in the Kogi State of Nigeria, has a design capacity of 506 MW (Photo: Siemens)

2186

7 SA

B 01

/201

3

Gyproc celebrates 85 years of innovationAt a glittering gala dinner held in February at

Montecasino, Johannesburg, Saint-Gobain’s Gyproc

celebrated its 85th anniversary.

The company started from humble beginnings in 1929 as Rhino Products, manufacturing from a small factory in Vereeniging. In 1940 Gypsum Industries was formed, going on to become a

household name. The company then became BPB Gypsum and in 2005 was bought by the international Saint-Gobain Group. Local management named the company Gyproc, emphasising the gypsum element used in the company’s products and echoing the solid nature of a rock.

In delivering his address at the gala evening, the regional managing director of Saint-Gobain, Steve du Toit, emphasised the point that as a company Gyproc, whilst celebrating 85 years, is continually evolving as a business.

“The business launched 18 new products in the past 18 months and has 10 more innovative product launches planned for this year. In the coming five years we plan to launch more new products than the business has introduced in the past 85 years,” announced du Toit.

“Our core focus will be on our customers, their experience in dealing with us, and how best we can service their needs. In addition, we are looking beyond our immediate borders with expansion plans into Africa, so there are many more exciting years ahead,” he said. He ended off by thanking their loyal customers for their support over the past 85 years, making reference to

the point that, without customers, the business would not exist at all.

Gypsum International Trophy On the night Evan Lockhart-Barker, general manager: marketing of Saint-Gobain Gyproc SA, announced the local winners in each of six categories, with Abbeycon (Pty) Ltd walking away with top honours as the overall Grand Prix Winner, for their work on the Cradlestone Mall project.

The Saint-Gobain Gypsum International Trophy is one of the largest international competitions of its kind seen to promote excellence and innovation in the use of sustainable, lightweight plasterboard systems and plasters, with the main objective of the initiative being to reward contractors who make a valuable contribution to innovation within our industry.

This year, Saint-Gobain subsidiaries in 37 countries across the globe will seek out the world’s newest, most interesting and innovative construction projects to enter into the International Trophy competition.

The winners in each of the six categories are:

Category Project Contractor Architect/design

Plasterboard solution Ernst & Young Tekweni

Centurion Boogertman JHB

Plaster Nicolway Shopping Centre

Tekweni Centurion

MDS Architecture

InnovationGreen Building Council SA Offices

Wall Erect Systems Cape cc

Collaboration Concept Design

Segment solutions

TUKS – Engineering Campus

HST International ARC Architects

Residential 6 Campbell Road IKN Construction JVR Architects

Mixed Use Cradlestone Mall Abbeycon (Pty) Ltd

Bentel & Associates

MARCH 201444

co

mp

an

y n

ew

s

Steve du Toit, regional managing director of Saint-Gobain, addresses guests at the Gyproc 85th anniversary function

Greg Steele, executive director of

East Cape MBA

Evan Lockhart-Barker and Steve du Toit of Gyproc with the Saint-Gobain Gypsum Trophy Grand Prix winners: Carlos Pinho and

Rossouw Germishuyse from Abbeycon Pty Ltd and Vanessa Hayward – MC for the evening

MARCH 2014 45

Forthcoming events of interest to the building and construction industry

Forward details of your events to john@sabuilder.co.za for inclusion here

ev

en

ts

Event/organisation description Location date

Civilution Congress 2014The annual Congress of the South African Institution of Civil Engineering (SAICE)http://civilutioncongress.com/

Civilution is a new era for engineering professionals, motivating engineers of all disciplines to conduct business differently. It is also where engineers play the role of history makers bringing about transformation, diversity, leadership and evolution in our local and global society and the betterment of the quality of life through collaboration between communities and government.

Emperors Palace, Johannesburg

Keynote address:Trevor Manual

6 – 8 April

CIB TG ‘People in Construction’ Conference mariana.botes@nmmu.ac.za

An international forum for researchers and practitioners from developed, developing and underdeveloped nations to address fundamental problems and constraints that affect people in construction.

Protea Marine Hotel, Port Elizabeth 6 – 8 April

7th South African Construction Awards 2014http://www.sabexawards.wozaonline.co.za/

The event honours the best of the best within the construction sector in South Africa

Gallagher Convention Centre, Midrand 26 April

17th Buildexpo Africawww.expogr.com/buildexpokenya/

Africa’s largest international building and construction trade fair.

KICC,Nairobi, Kenya 2 – 4 May

Totally Concrete Conference & Expo and African Construction Expo and Conferencewww.hypenica.com

The definitive African educational and networking platform for insights on the latest developments and technologies associated with the concrete and construction industry.

Sandton Convention Centre 27 – 28 May

Sustainability Week http://sustainabilityweek.co.za Green Building Conference & Exhibition

Leading African and South African green building experts will share knowledge and best practice. Continuing the theme of in depth and practical knowledge sharing Green Building 2014 will again feature Master Classes, technologies and materials, and case studies of exceptional buildings.

CSIR International Convention Centre, Pretoria 17 – 19 June

Water Africa & West Africa Building & Construction Exhibition and seminarswww.ace-events.com

For consultants, contractors, engineers, architects, surveyors, academics and government officials to meet local and international companies to discuss latest technologies and advances in water, sanitation and construction sectors.

Accra International Conference Centre, Ghana 2 – 4 July

World Green Building Council Congress 2014

A collaborative hub that provides valuable connections with fellow GBC staff. Sao Paulo, Brazil 4 August

Interbuild Africa 2014 The industry’s launchpad for new products, ideas and innovation. Johannesburg Expo Centre 20 – 23 August

SAISC’s Steel Awards 2014 Recognising excellence in the use of steel in construction. Concurrent in Johannesburg, Durban and Cape Town 18 September

World Green Building Week Celebrating World Green Building Week. Global events 22 – 26 September

109th MBSA Congress – 2014www.mbsacongress.co.za

Addressing immediate issues and opportunities within the South African building and construction industry.

Boardwalk Hotel, Port Elizabeth

21 – 23 September

Cape Construction Expowww.hypenica.com

Focusing on building and construction needs for the Western Cape. Cape Town 15 – 17 October

International Conference on Construction Materials and Structures (ICCMATS)www.iccmats-wits.co.za/

The conference is focused on research, structural and industrial or engineering applications involving the six modern construction materials namely:- cement, concrete, bitumen, steel, masonry, timber

TBA 24 – 26 November

Erratum: The January and February editions, 2014, of South African Builder listed the SteelFutures Conference 2014 to take place at a venue to be advised (TBA) on 5 – 6 March. This event is in fact being held in Toronto, Canada on 26 – 28 March

Events 2014

MARCH 201446

A blast from the pastExtracts from the South African Builder archives

CAPE TOWN

15th January, 1929: Before Mr. A. E. Catherine.

Rex vs. A. A. Kahn (builder and contractor) –

Contravention of Clause 11 (Piecework), 33 (Failing to

Register as an Employer) and 34 (Time and Wages

Records).

The accused was found guilty and fined £1 on the first

count, £1 10s on the second count, and £1 10s on the third

count, ie, £4 in all.

Rex vs. A. Saban (builder and contractor) –

Contravention of Clauses 3 (Wages) and 18 (Industrial

Council Funds). The accused was found guilty on both

charges and fined £1 10s. on the first count.

Rex vs. J. MacDonald (electrical contractor) –

Contravention of Clause 3 (Wages) and 5 (Working

overtime without the consent of the Local Committee).

The accused was found guilty on the first count and

fined £1 10s. On the second count he obtained his

discharge as evidence could not be placed before

the Court as to the exact date on which the offence

took place.

The block of buildings in Parliament Street at present

occupied by the Parliament Café and Messrs. Edward

Courtis & Co. was sold during the month by private

treaty for £61 500. The purchaser was Mr. D. Cohen, of

the Colonial Furnishing Co. 142 Long Street, Cape Town.

The property has a frontage on Darling Street of 40 feet

and on Parliament Street of 130 feet.

New premises for the Standard Bank of S.A., Ltd., are

to be erected on the Market Square at Mafikeng. The

building will be of the usual sound type for which the

Standard Bank is so well known, and will consist of the

banking rooms on the ground floor with the manager’s

premises above. The architects are Messrs Greatbatch

and Timlin.

PRETORIA

It is understood that the property of the Grand Hotel,

situated opposite the old Government Buildings on

Church Square has changed hands recently,

the purchasers being the directors of the

Standard Bank. This well-known hotel was

erected some 40 years ago and is likely to give

place to a handsome block of buildings to serve as

Head Offices of the Bank for the Transvaal. This, on

the southern side of the Church Square, together with

the buildings now in course of erection for the Reserve

Bank and the S.A. Mutual Insurance Company on the

north side, and the new His Majesty’s Theatre on the

east will make Pretoria’s Church Square one of the finest

in South Africa.

WITWATERSRAND

Extensive addition is being made to the Medical

School of the Witwatersrand University near the

South African Institute for Medical Research. The

northern aspect quadrangle is being completed at a

cost of £30 000.

When the additions are finished the accommodation

will be nearly doubled and the existing congestion

somewhat relieved. The various clients will be housed

in three storeys.

PORT ELIZABETH

For the intelligent and complete diffusion of building

news it is unfortunate that the notices appearing in the

local items should, to some hypersensitive gentlemen,

savour of advertisement.

The object of the local news column is purely one of

artistic interest which generally involves personality.

No money or favouritism is connected with the

appearance of any name, as in the case of an

advertisement. There is, therefore, no need to feel

any tenderness on account of the appearance in these

columns of one’s own or any name connected with

local building operations, and it will serve no purpose

to withhold names connected with building items of

interest to the general public.

January 1929

MARCH 2014 47

peopleSA Green pioneer appointed as Chair of World Green Building Council

Bruce Kerswill, Executive Chairman of the Green Building Council South Africa (GBCSA) and the pioneer who led the charge in the formation of the local Council, has been elected as the Chairman of the World Green Building Council (World GBC).

Kerswill, who has been involved with the World GBC Exco since 2009, is passionate about green building and, having recognised that the lack of knowledge about green building in South Africa was limiting our efforts in terms of global warming and international best practice, championed the initiative to set up the Green Building Council of South Africa (GBCSA).

Since then the GBCSA has become recognised as the ‘lead’ organisation in green building in South Africa, and is now one of the most active councils globally. Kerswill’s involvement with the World GBC also affords the GBCSA continued and improved access to international resources, information, insight and skills. The World GBC aims to facilitate the global transformation of the building industry towards sustainability, and currently has 100 Green Building Councils from other countries as members. Buildings globally consume about 40% of the world’s energy, and green buildings typically

reduce consumption by 50 to 70%, so have a massive impact in reducing greenhouse gases. The WGBC assists new GBCs and promotes interaction in its network, as well as providing leadership on common global issues.

During his involvement with the WGBC, Kerswill has championed the cause for social and environmental impacts to be included in the concept of green building for developing countries, and has played an integral role in facilitating the formation of the Africa Regional Network of Green Building Councils.

“I look forward to my role as Chairman of the World GBC: there is a real magic to over 100 countries all working in synch to address some of global society’s greatest problems. WGBC has over 28 000 companies, including some of the world’s largest, who are members of its constituent GBCs. I believe it is one of the most effective organisations in addressing climate change, effecting change on the ground and in people’s behaviour – and all done in a great spirit of camaraderie” concludes Kerswill.

Bruce Kerswill, Executive Chairman

of the Green Building Council

South Africa (GBCSA)

MARCH 201448

corporate members

affiliate members

www.mbsa.org.za

East CapeGreg Steele – Executive DirectorTel: 041 365 1835E-mail: ecmba@global.co.za

Bolanddaniël uys – ManagerTel: 021 863 3330E-mail: info@mbaboland.org.za

peopleCorobrik appoints new Commercial director

Musa Shangase has been appointed Commercial Director of Corobrik.

Shangase joined Corobrik as National Commercial Manager in July 2013, bringing with him his considerable experience in the building and construction industry – having held senior management positions at PPC Cement, Saint Gobain Construction Products SA and African Brick. Musa is based at Corobrik’s offices at Edenvale.

On the state of the construction industry, Shangase notes that the past three years have been tough but there is a light at the end of the tunnel. “Residential is coming up, public works is coming up and infrastructure is coming up.” He points out that the world is getting smaller and international trade growing and with that Corobrik’s footprint into Africa, the Indian Ocean Islands and Middle East is on the march. “We are currently faced with numerous alternative building technologies,” he notes, “but brick construction in South Africa’s climates and conditions is simply the best. Supporting the quest for holistic sustainability our products are natural, as green as it comes and environmentally friendly.” Musa is a board member of the Clay Brick Association and served as Chairman of the Corporate SMME Development Forum CSDF until 2010.

Aveng appoints verster as CEO

The Aveng Group has announced that Kobus Verster, currently the acting CEO and Financial Director, has been appointed Chief Executive Officer with immediate effect.

Verster (47) joined the Aveng Group in 2010 when he was appointed Financial Director. He was subsequently appointed as Acting CEO in August 2013.

Verster holds a BCom degree from the University of Potchefstroom and a BCom Honours (Economics) degree from the University of Pretoria. He also holds an MBL from the University of South Africa (Unisa) and attended the Executive Management Programme at the University of Virginia in the USA.

Verster has not relinquished his statutory duties in terms of Section 3.84(g) and will continue in his capacity as Acting Financial Director until a new Financial Director is employed.

Kobus verster, new CEO of the Aveng

Group

Musa Shangase Commercial

director at Corobrik.

master builders south africa

KwaZulu-Natalvikashnee Harbhajan – Executive DirectorTel: 031 266 7070E-mail: info@masterbuilders.co.za

Groter Greater BolandCeleste van Greunen – SecretaryTel: 023 342 6964E-mail: mbagb@telkomsa.net

Northern Capevic Smailes – Executive DirectorTel: 053 831 1845E-mail: vicsmba@xsinet.co.za

West BolandPhillip Botha – PresidentTel: 022 772 2251E-mail: mbaweskus@cwmail.co.za

Western CapeRob johnson – Executive DirectorTel: 021 685 2625E-mail: info@mbawc.org.za

Free StateHendrina Greyling – SecretaryTel: 057 352 6269E-mail: masterbuilders@mbafs.co.za

MBA NorthMohau Mphomela – Executive DirectorTel: 011 805 6611E-mail: info@mbanorth.co.za

Association of Architectural Aluminium Manufacturers of SAHans Schefferlie – DirectorTel: 011 805 5002E-mail: aaamsa@iafrica.com

SA Reinforced Concrete Engineers’ AssociationJeff Thomas – DirectorTel: 011 455 6321E-mail: sarcea@iafrica.com

SA Refrigeration and Air Conditioning Contractors’ AssociationBarney Richardson – DirectorTel: 011 622 3890E-mail: saracca@icon.co.za

2362

9 SA

B 03

/201

4

23676 SAB 02/2014