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

Chapter Three : Register of Contractors

16. Registration of contractors

 

(1) The Board must, within the first three years of its establishment, establish a national register of contractors, which categorises contractors in a manner that facilitates public sector procurement and promotes contractor development.

 

(2) The register of contractors must—
(a) indicate the size and distribution of contractors operating within the construction industry;
(b) indicate the volume, nature and performance of contractors and target groups; and
(c) enable access by the private sector and thus facilitate private sector procurement.

 

(3) The Minister must prescribe the manner in which public sector construction contracts may be invited, awarded and managed within the framework of the register and within the framework of the policy on procurement.

 

(4) From a date determined by the Minister, by notice in the Gazette, every organ of state must, subject to the policy on procurement, apply the register of contractors to its procurement process.

 

(5) The Minister must prescribe the requirements for registration, taking into account the different stages of development of contractors in the construction industry, the development of the emerging sector and the objectives of this Act.

 

(6) A contractor may, in writing, apply to the Board for registration and the application must be accompanied by the prescribed particulars and prescribed administration fees, which are not refundable.

 

(7) If the Board is satisfied that the applicant is entitled to registration, it must cause the necessary entry to be made in the register and the chief executive officer must issue to the applicant a registration certificate in the prescribed form.

 

(8) The Minister may, on the recommendation of the Board, prescribe a fee to be paid annually to the Board by all contractors registered with the Board in terms of subsection (7).