Corporate Statements

Primary legislative mandate:
The ASA derives its primary legislative mandate from ASA Act No. 11 of 2015 (hereafter the “Act”).

ASA is an entity of the NDPWI, and its mandate is within the domain of the built environment. such, the legislation mandates that its impact on the built environment and public works guide the functioning and operations of ASA.

In undertaking its work, ASA must have regard to the critical legislation that underpins the mandate of its Executive Authority, NDPWI, and generally applicable legislation that impacts ASA’s core business.

NDPWI White Paper:
Creating an Enabling Environment for Reconstruction, Growth and Development in the Construction Industry, 1999. The White Paper (1999) sets out Government’s policy objectives for the construction industry and focuses on the need to enhance delivery, achieve more excellent stability, improve industry performance, create value for money and facilitate the growth of the emerging construction sector.

Construction Sector Transformation Charter, 2006. The Charter 2006 aims to:

• provide the construction sector with the first quantitative method of monitoring and evaluating the progress of an enterprise towards achieving Broad-Based Black Economic Empowerment targets, thereby contributing to ending the malpractice of fronting.
• expand the employment potential and absorption capacity of the sector by using labour-intensive approaches where economically feasible and possible; and
• address skills development in a manner that accelerates the advancement of black people, women, and designated groups, emphasising learner-ships and technical and management training.

Property Sector Transformation Charter, 2017.

The Charter 2017 aims to promote the objectives contained in Section 2 of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) as these relate to the Property Sector, to: – promote economic transformation in the Property Sector to enable meaningful participation of black people and women.

• unlock obstacles to property ownership and black people’s participation in the property market.
• promote property development and investment in under-resourced areas, which enhances basic infrastructure, encourages investment, and supports micro and small enterprises; and
• facilitate the accessibility of finance for property ownership and property development.

Green Building Policy, 2013.

This Framework outlines the NDPWI ’s commitments to address critical elements in the New Growth Path and the Industrial Policy Action Plan by promoting sustainable development, reducing greenhouse gas emissions, promoting energy efficiency, stimulating new green industries, etc.

There are several pieces of legislation which deal with, or have an impact upon, certification of innovative and non-standard construction products for infrastructure development. The relevant legalisation and regulations are as follows:

• Committee of Land Transport Officials (COLTO). The Committee of Land Transport Officials recommends using ASA-certificated products for the products without national standards.
• Environmental Conservation Act of 1989 (Act No. 73 of 1989). It provides for the protection and controlled utilisation of the environment.
• National Building Regulations and Building Standards (Act No. 103 of 1977). National Building Regulations and Building Standards Act No. 103 of 1977 promote uniformity in the law relating to the erection of buildings in the areas of jurisdiction of local authorities and the prescribing of building standards.
• Occupational Health and Safety (Act No. 85 of 1993). The Occupational Health and Safety Act No. 85 of 1993 provides for the health and safety of persons at work and the health and safety of persons in connection with the use of plant and machinery and the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work.
• Preferential Procurement Policy Framework Act (Act No. 5 of 2000). The Preferential Procurement Policy Framework Act, among other things, seeks to promote socio-economic transformation, small enterprises, cooperatives, rural and township enterprises development and local industrial development.
• Prevention and Combating of Corrupt Activities Act (Act No. 12 of 2004). Provides for the strengthening of measures to prevent and combat corruption and corrupt activities and to place a duty on certain persons holding positions of authority to report certain corrupt activities.

Promotion of Administrative Justice (Act No. 3 of 2000). ASA is required to ensure that any administrative process conducted or decision taken in terms of the ASA Act is by the Promotion of Administrative Justice Act No. 3 of 2000.

• Provides for the establishment of a legislative framework for the promotion of black economic empowerment.
• Empowers the Minister to issue codes of good practice and to publish transformation charters; and
• Establishes the Black Economic Empowerment Advisory Council.
• The Broad-Based Black Economic Empowerment Act (Act No. 53 of 2003). The fundamental objective of the Act is to advance economic transformation and enhance the economic participation of black people in the South African economy.
• The Construction Industry Development Board Act, 2000 Act No 38 of 2000) provides for establishment of the Construction Industry Development Board; to implement an integrated strategy for the reconstruction, growth, and development of the construction industry and to provide for matters connected therewith.
• The Council for the Built Environment Act, 2000 (Act No. 43 of 2000) makes provision for the establishment of a juristic person known as the Council for the Built Environment, the composition, functions, powers, assets, rights, duties, and financing of that Council and for matters connected thereto.
• The Employment Equity Act (Act No. 55 of 1998). Aims to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through eliminating unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups.
• The Labour Relations Act (Act No. 66 of 1995). It aims to promote economic development, social justice, labour peace and democracy in the workplace. It applies to all employers, workers, trade unions and employers’ organisations.
• The National Regulator for Compulsory Specifications (Act No. 5 of 2008). It enables the National Regulator for Compulsory Specifications (NCRS) to issue compulsory specifications (technical regulations) that require conformity of a product or service to health, safety, or environmental protection requirements of a standard or specific provisions of a standard. No person may import, sell, or supply a commodity, product, or service to which a compulsory specification applies unless such commodity, product or service complies with and has been manufactured per such specification and, if applicable, marked in the prescribed manner with a distinctive mark, which constitutes a declaration of conformity to requirements.
• The National Treasury Regulations. The regulations institute good financial governance, including ensuring that government departments and State-Owned Entities (SOEs) efficiently and effectively manage public resources and prevent and detect corruption.
• The Promotion of Access to Information Act (Act No. 2 of 2000). Gives effect to the constitutional right of access to any information held by the State, and any information contained by private bodies that are required to exercise and protect any rights.
• The Public Finance Management Act (Act No. 1 of 1999) promotes the objective of sound financial management to maximise service delivery through the proficient use of limited resources.