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R19 of 2016 – Construction Industry Board (CIDB)

Proclamation Number:

R19 of 2016

Department or State institution:

Construction Industry Board (CIDB)

Type of Report:

Final

Date Report Submitted:

26/02/2021

Scope:

1. Maladministration in the affairs of the Board in respect of (a) the receipt of, or the processing of, or granting of applications by contractors to the Board for registration as a contractor in the register of contractors contemplated in section 16 of the CIDB Act, 2000 (Act No. 38 of 2000); or (b) contractor grading designations awarded by the Board to contractors, in a manner that was (i) contrary to (aa) applicable legislation; (bb) applicable manuals, guidelines, practice notes or instructions issued by the National Treasury, the Department of Public Works, the Department of Trade and Industry or any other applicable regulatory authority; or (cc)) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Board; (ii) conducted by or facilitated through the improper conduct of (aa) officials or employees of the Board with undeclared or unauthorised conflict of interests; or (bb) contractors or any other third party, to corruptly or unduly benefit themselves or others; or (iii) fraudulent.
2. Any (a) failure to implement appropriate measures to safeguard confidential or privileged information or records submitted to the Board; or (b) irregular dissemination of confidential or privileged information or records by officials or employees of the Board to persons or entities who are not lawfully entitled to such information or records.
3. The appointment of a service provider by the Board, in terms of bid number RFB30026, to a panel of service providers to conduct investigations for the Board over a period of three years and any subsequent work awarded by the Board to the service provider in a manner that was not ………..
4. The validity of construction work contracts awarded by the State Institutions to contractors contemplated in para 1 of the Schedule, where the State Institutions relied on the unlawful or invalid (a) registration as contractors in the register of contractors; or (b) contractor grading designations awarded by the Board to those contractors.
5. Any improper or unlawful conduct by officials or employees of the Board, contractors contemplated in para 1 of the Schedule or any other person, in relation to allegations contemplated in paras 1,2 or 3 of the Schedule.