This research is concerned with the development of independent contractors within the Working for Water Programme over a twenty-four month period. The meaningful participation of previously disadvantaged South Africans fall within the ambit of black economic empowerment. The Government Gazette (1997: No. 1820) defines black economic empowerment as a deliberate programme to achieve the meaningful participation of disadvantaged South Africans in the mainstream economy as managers, owners of capital and employees. The purpose of this research was to evaluate the contractors within the Western Region of the Eastern Cape, in order to assess how they have developed as independent contractors within the developmental framework provided by the Working for Water Programme. This developmental framework takes place over a 462-day period or roughly 24 months. The evaluation aimed to determine whether the two-year development period sufficiently prepared contractors for competition in the open market and if contractors had acquired the necessary skills to run a successful business. A formative programme evaluation was used as a tool of analysis to identify areas of weakness and establish priorities for improvement. A qualitative research approach was followed, guided by an adapted version of the Context, Input, Process and Product approach to evaluation (Parlett and Hamilton cited in Calder, 1995, p.25). Using structured interviews comprising of closed and open ended questions, data was gathered from thirty contractors, five managers and one Senior Executive Officer within the Western Region of the Eastern Cape. An interview was also conducted with the Regional Programme leader of the Eastern Cape. Further data collection techniques included documentary research. Data was analysed using qualitative data analysis techniques described by Thorne (1997, p.118), as relying on inductive reasoning to interpret and structure the meanings that can be derived from the data. Passages of interest were marked so that the data could be reduced to a manageable size as described by Seidman (1991, p.91-1 01) and various categories were developed that had commonalties and thematic connections. The Working for Water Programme aims to exit contractors successfully after a twenty-four month developmental period. The Working for Water Programme has formalised its development framework through a training matrix in which the required training at contractor level is outlined. The finding of the research is that the current contractor development programme do not adequately prepare contractors for independence and entrepreneurship in a competitive market. There is no co-ordinated development of predetermined skills. Contractors are not able to articulate what their plans are after exit from the WFW Programme. No concrete evidence of actively pursuing alternative contract opportunities was evident from contractors who were about to exit the Programme and there is no person to champion the cause of meaningful post exit opportunities. The main recommendations from this research are that contractors be selected via an application system rather that appointment through steering committees. Selected contractors must be medically fit and at least have a matriculation certificate. Contractors should be assessed on a 6-monthly basis and contractors not achieving a minimum competency level must be removed from the programme. Managers should also have basic competency levels in order to facilitate skill transfer through a mentorship process. The charge out rate of equipment should be revised every six months. The charge out rates should also be increased significantly to cater for the harsh conditions under which contractors are operational. A "champion" needs to be appointed which will actively seek exit opportunities for trained contractors. This person will also seek to develop functional partnerships with various private and government institutions to create opportunities for exited contractors.

Construction management competencies are essential to realise sound practices among and to realise optimum performance by, inter alia, emerging civil engineering contractors. Such competencies enable a clear focus on the business of construction and the management of projects, with increased efficiency and reduced costs as a benefit. The objective of the MSc (Built Environment) treatise study were to determine the current practices and performance of emerging civil engineering construction contractors operating in the Nelson Mandela Bay Metropole. The descriptive method was adopted in the empirical study. The salient findings of the study are: most of the emerging civil engineering construction contracting organisations lack construction management competencies; construction resources are inappropriately managed leading to construction failures; most of the emerging civil engineering construction contracting organisations lack adequate supervision resulting to poor workmanship; there is a shortage of skilled labour amongst emerging civil engineering construction contractors; procurement processes are inappropriate leading to under capacitated emerging civil engineering construction contracting organisations being awarded contracts; most emerging civil engineering construction contracting organisations lack the requisite aptitude for construction; there is a lack of capacity at all management levels of emerging civil engineering construction organisations in managing the business of construction and that of projects; the nine functions of organisations are not comprehensively represented, and self-ratings indicate inadequacy relative to the management function of control, and relative to certain activities of the organising function. Conclusions include that emerging civil engineering construction contracting organisations need to be comprised of technical teams that possess adequate competencies and that use the construction technology to its full use enabling their organisations to stay abreast of their competitors. Recommendations that can contribute towards improving the status quo include: formal civil engineering and construction management education, resources must be present and training should be promoted throughout the industry at all levels of management to ensure proper supervision and correct use of adequately trained labour, skilled or semi-skilled, incapacitated emerging civil engineering construction contractors should be awarded contracts through appropriately and structured procurement procedures, adequate aptitude in construction should be promoted and enhanced in order to realise conceptualisation and visualisation capabilities, comply with legislation, maintain records and communicate using state of the art technology, optimally manage the finances, have the requisite resources and undertake the work efficiently, interact with the respective publics, and market the organisation to ensure sustainability thereof.

Thesis (LLM)--Stellenbosch University, 2013. / Bibliography / ENGLISH ABSTRACT: In order for the government to function, it needs goods and services. It may acquire these goods and services by using its own resources, or by contracting with outside bodies. The latter method is generally referred to as public or government procurement. Government procurement usually contributes a large deal to a country’s economy and is therefore of great importance. With South Africa’s political transformation in 1994, the construction industry was used as the model for public sector procurement reform. The industry regulates all infrastructure and constituted 3.8% of the country’s gross domestic product (GDP) in 2011 with the private sector as its biggest client. The legal regulation of construction procurement in South Africa is therefore significant. Section 217 of the Constitution¹ sets the standard for government procurement in South Africa. Section 217(1) provides that organs of state in the national, provincial or local sphere of government or any other institutions identified in national legislation when contracting for goods or services must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective. Organs of state are not prevented from implementing procurement policies which provide for categories of preference in the allocation of contracts and the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination in terms of section 217(2). Section 217(3) in turn provides that national legislation must prescribe a framework in terms of which section 217(2) must be implemented. The rules for construction procurement in South Africa are found in the Construction Industry Development Board (CIDB) Act² and the Regulations to the Act.³ The Construction Industry Development Board has been established by the Act and is empowered to regulate construction procurement in terms of the Act and to publish best practice guidelines for further regulation and development of construction procurement. This thesis aims to answer the question as to whether the legal regulation of construction procurement complies with section 217 of the Constitution. Chapter one sets out the research question to be answered, the hypothesis on which the thesis is based and the methodology employed. Chapter two establishes the constitutional standard for government procurement in South Africa and is the standard against which the rules discussed in subsequent chapters are tested. Following this, the procurement procedures in terms of which supplies, construction works and services are procured are described and analysed in chapter three. It appears that the Regulations to the CIDB Act exclude contracts for supplies and services in the construction industry. Therefore, the qualification criteria for construction works contracts are examined in chapter four. Thereafter, the evaluation and award of construction works, supplies and services contracts are explained and analysed in chapter five. Government procurement may further be used for objectives not directly connected to the main goal which is the procurement of goods and services at the best possible price. It may also be used for the promotion of socio-economic objectives, for example. Therefore, in the sixth chapter, the use of government procurement as a policy tool in the South African construction industry is discussed and analysed. The concluding chapter collectively refers to what was discussed in the preceding chapters including the conclusions and attempts to answer the research question as to whether the legal regulation of construction procurement in South Africa complies with section 217 of the Constitution. / AFRIKAANSE OPSOMMING: Die staat het goedere en dienste nodig om te funksioneer. Dit kan hierdie goedere en dienste verkry deur die staat se eie bronne te gebruik, of dit kan instansies van buite kontrakteer. Daar word oor die algemeen na laasgenoemde metode verwys as staatsverkryging. Gewoonlik lewer staatsverkryging ‘n groot bydrae tot ’n land se ekonomie en dit is dus van groot belang. Met Suid-Afrika se politieke transformasie in 1994 is die konstruksiebedryf as die model voorgehou vir die hervorming van die staatsverkrygingstelsel. Die konstruksiebedryf reguleer alle infrastruktuur in die land en het in 2011 3.8% tot Suid- Afrika se Bruto Binnelandse Produk (BBP) bygedra, met die private sektor as die grootste kliënt in die bedryf. Dit is dus noodsaaklik dat staatsverkryging in die Suid-Afrikaanse konstruksiebedryf wetlik gereguleer word. Artikel 217 van die Grondwet4 stel die standaard vir staatsverkryging in Suid-Afrika. Artikel 217(1) bepaal dat staatsorgane in die nasionale, provinsiale of plaaslike regeringsvertakkings, of enige ander instelling in nasionale wetgewing vermeld, wat vir goedere of dienste kontrakteer, sodanige goedere of dienste moet verkry ooreenkomstig ’n stelsel wat regverdig, billik, deursigtig, mededingend en koste-effektief is. Staatsorgane word verder nie verhinder of belet om staatsbeleid te implementeer wat voorsiening maak vir die bevordering van sekere mense, of kategorieë mense, wat ingevolge artikel 217(2) deur onbillike diskriminasie benadeel is nie. Artikel 217(3) bepaal dat nasionale wetgewing ’n raamwerk moet voorskryf ingevolge waarvan artikel 217(2) geïmplementeer moet word. Die Wet op die Ontwikkelingsraad vir die Konstruksiebedryf (Construction Industry Development Board Act)5 en die Regulasies tot die Wet6 omskryf die regsreëls vir staatsverkryging in die Suid-Afrikaanse konstruksiebedryf. Die Ontwikkelingsraad vir die Konstruksiebedryf het ingevolge hierdie Wet tot stand gekom en is gemagtig om staatsverkryging in die konstruksiebedryf te reguleer. Dit mag ook goeie praktykriglyne publiseer vir verdere regulering en ontwikkeling van staatsverkryging in die konstruksiebedryf. Hierdie tesis het ten doel om die vraag te beantwoord of die wetlike regulering van staatsverkryging in die konstruksiebedryf aan artikel 217 van die Grondwet voldoen. Hoofstuk een gee ‘n uiteensetting van die navorsingsvraag wat beantwoord sal word, die hipotese waarop die tesis berus en die metodologie wat aangewend word. Hoofstuk twee omskryf die grontwetlike standaard vir staatsverkryging in Suid-Afrika en word as standaard gebruik waarteen die regsreëls vir staatsverkryging in die konstruksiebedryf in die daaropvolgende hoofstukke getoets word. Vervolgens word die verkrygingsprosedures ingevolge waarvan voorraad, konstruksiewerk en dienste verkry word, in hoofstuk drie bespreek en ontleed. Dit blyk dat die Regulasies tot die Wet op die Ontwikkelingsraad vir die Konstruksiebedryf (CIDB Act) kontrakte vir die verkryging van voorraad en dienste uitsluit. Gevolglik word die tendervereistes vir konstruksiewerk in hoofstuk vier bespreek. Vervolgens word die evaluering en toekenning van konstruksiewerk, voorraad- en dienskontrakte uiteengesit en ontleed in hoofstuk vyf. Dit blyk verder dat staatsverkryging gebruik mag word vir doelwitte wat nie direk verband hou met die primêre doel, naamlik die verkryging van goedere en dienste teen die beste prys, nie. Dit mag byvoorbeeld ook gebruik word vir die bevordering van sosio-ekonomiese doelwitte. Gevolglik word staatsverkryging as ’n beleidsinstrument in die Suid-Afrikaanse konstruksiebedryf in hoofstuk ses bespreek en ontleed. Die laaste hoofstuk gee ‘n opsomming van wat bespreek is in vorige hoofstukke, maak gevolgtrekkings en probeer die navorsingsvraag beantwoord of die regsreëls wat staatsverkryging in die konstruksiebedryf reguleer, voldoen aan artikel 217 van die Grondwet.

Thesis (MDF)--Stellenbosch University, 2015. / ENGLISH ABSTRACT: The Western Cape Education Department (WCED), through the Department of Public Works (DTPW), launched the Grade R classroom programme in 2009 to increase primary school enrolment in less privileged communities. Due to the low construction contract values the programme has attracted SME contractors. These SMEs have stalled the programme by either not delivering on time or by going insolvent whilst building Grade R classrooms. This research investigated the challenges encountered by SME contractors in delivering Grade R classrooms. The objectives of the research were achieved by means of a questionnaire administered through telephonic interviews and face-to-face interviews. Thirteen contractors have taken part in the programme since 2009. All contractors who have built the classrooms in the Cape Metropole region were contacted for a telephonic interview of which 12 agreed to participate in the telephonic interviews. Descriptive statistics were used to collate and discuss the challenges reported by the contractors. The findings are similar to other studies of SME contractors. SME contractors that took part in the survey confirmed that financial factors, economic and external environment, management skills and expansion and growth factors have been affecting their businesses. The fifth factor, which is the project specific factor, had the most interesting data. Nine out of twelve contractors interviewed indicated that they were not satisfied with the grade R contract working environment. If it was not for scarcity of work, they would not tender for Grade R classrooms. Nine out of twelve contractors interviewed indicated that the DTPW and its agents hindered the successful delivery of Grade R projects through their actions. The main reasons given were the late handover of sites, incomplete construction information, unreasonable construction period, numerous specification changes and delays in processing information. What emerges from the data collected is that the DTPW needs to address the challenges highlighted in this research report. Addressing the challenges will ensure the success of the Grade R programme. This will be beneficial to both the SME contractors and the DTPW. The study also makes recommendations on how to address the challenges.

Thesis (MEng)--Stellenbosch University, 2014. / Construction projects have developed over several decades through the advancement of technology, increased scarcity of resources and the ever increasing pressure of time and cost constraints. Because of new technology and modern construction methods, construction projects have become increasingly complex. These complexities inherently bring new risks that must be dealt with accordingly. A contract is the primary method through which risks are allocated between the Employer and the Contractor. The conditions allocating the risks legally bind both parties to accept responsibility of those risks, therefore it is important to understand the aspects of law that has bearing on contracts. In this thesis the scope is restricted to construction contracts. Because of the role that a contract plays, especially in the construction industry context, it is important to know the requirements of a modern contract to ensure the successful completion of projects and the continued sustainability of Employer-Contractor relationships. In South Africa, the Construction Industry Development Board (CIDB) is a body that monitors developments in the construction industry. The CIDB has the authority to enforce legislation to ensure that contracts conform to a standard that protects the interests of both the Employer and the Contractor. One of the procurement documents endorsed by the CIDB is the General Conditions of Contract for Construction Works published by the South African Institution of Civil Engineering (SAICE). The first edition of the GCC was published in 2004 (GCC 2004) and a revised second edition was published in 2010 (GCC 2010). In this study the GCC 2010 and the GCC 2004 are compared first through a content analysis, to establish the effect the revisions on the bias of the document (or favouring a particular party) and then by means of a survey. The objectives are: a. To test whether revisions to the GCC from the 2004 edition to the 2010 edition resulted in a change in bias (assuming it exists) and compliance with the requirements of the modern contract; b. To determine the extent and effect of alterations to standard clauses of the GCC 2010 on the way in which the contract favours a particular party; c. Providing recommendations for future revisions that would potentially improve project success, relationship building and reduce the need for significant alterations to the standard clauses. Although a construction contract is undertaken between the Employer and the Contractor, the Consultant (who is not party to the contract) commonly drafts the contract on behalf of the Employer. The findings of the study show that the revision had a significant impact on improving the clarity of the roles of the Employer and the Contractor. A marginal improvement was found in the area of payment operating mechanisms. The perceived fairness of the document neither increased nor decreased. Clauses on claims and disputes and risk and related matters were the two areas that respondents identified as having the most bias that may be detrimental to the success of a construction project. Despite survey respondents finding the GCC 2010 procurement document to be fair, clauses are still altered by Employers (probably through Consultants) resulting in a biased contract favouring the Employer. Employers and Consultants should thus be educated more on bias and fairness in contracts and on the implications of shifting more risk to Contractors by altering clauses. Ultimately, the success of any construction project is dependent on the attitudes of the participants. Even the most fair procurement document is not a substitute for a relationship built on honesty and trust.