Corporate Statements

 ASA derives its primary legislative mandate from the ASA Act,2015 (Act No.11 of 2015) (hereafter the “Act”). In terms of the Act the objects of ASA are to:

• Provide assurance to specifiers and users of the fitnessfor-purpose of non-standardised construction related products or systems;
• Support and promote the process of integrated socioeconomic development in the Republic as it relates to the construction industry;
• Support and promote the introduction and use of certified non-standardised construction-related products or systems in the local or international market;
• Support policymakers in minimising the risk associated with the use of a non-standardised construction-related products or systems; and
• Be an impartial and internationally acknowledged South African centre for the assessment and confirmation of fitness-for-purpose of non-standardised constructionrelated products or systems

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

In undertaking its work, ASA must have regard for the key legislation that underpins the mandate of its EA, as well as generally applicable legislation that has an impact on its 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 greater stability, improve industry performance, create value for money and facilitate 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 (B-BBEE) targets and 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 with emphasis on learner-ships, as well as technical and management training.
• Property Sector Transformation Charter, 2007. The Charter 2007 aims to promote the objectives contained in section 2 of the B-BBEE Act, 2003 (Act No. 53 of 2003) as these relate to the property sector, including to:
  • Promote economic transformation in the property sector to enable meaningful participation of black people and women;

• • Unlock obstacles to property ownership and participation in the property market by black people;
  • 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 Framework, 2001. This Framework outlines the DPWI’s commitments to addressing key elements in the New Growth Path (NGP) 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 that 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. It recommends the use of ASA-certificated products for products for which there are no national standards.
• The Environmental Conservation Act, 1989 (Act No. 73 of 1989). It provides for the protection and con- trolled utilisation of the environment.
• The National Building Regulations (NRB) and Building Standards Act, 1977 (Act No. 103 of 1977). It provides for the promotion of uniformity in the law relating to the erection of buildings in the areas of jurisdiction of local authorities and the prescribing of building standards.
• The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993). It provides for the health and safe- ty of persons at work and of those in connection with the use of plant and machinery, as well as 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.
• The Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000). It seeks to promote socioeconomic transformation, small enterprises, cooperatives, rural and township enterprises development and local industrial development, among other things.
• The Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004). It 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.
• The Promotion of Administrative Justice Act, 2000 (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 in accordance with the Promotion of Administrative Justice Act. This Act:
  • 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 publish transformation charters; and
  • Establishes the Black Economic Empowerment Advisory Council.

• The B-BBEE Act, 2003 (Act No. 53 of 2003). Its fundamental objective is to advance economic transformation and enhance the economic participation of black people in the South African economy.

• The Construction Industry Development Board (CIDB) Act, 2000 (Act No. 38 of 2000) provides for the establishment of the CIDB to implement an integrated strategy for the reconstruction, growth and development of the construction industry and provide for matters connected therewith.

• The Council for the Built Environment (CBE) Act, 2000 (Act No. 43 of 2000) makes provision for the establishment of a juristic person known as the CBE, 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). It aims to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and the implementation of 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 (NCRS) Act, 2008 (Act No. 5 of 2008). It enables the 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 pro- visions 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/or has been manufactured in accordance with such specifications and, if applicable, marked in the prescribed manner with a distinctive mark, which constitutes a declaration of conformity to requirements.

• The National Treasury (NT) Regulations. They institute good financial governance, including ensuring that government departments and State-owned Entities efficiently and effectively manage public resources, and that corruption is prevented and detected.

• The Promotion of Access to Information Act, 2000 (Act 2 of 2000). It gives effect to the constitutional right of access to any information held by the State, and any information held by private bodies that is required for the exercise and protection of any rights.

• The Public Finance Management Act (PFMA), 1999 (Act No. 1 of 1999) (as amended). It promotes the objective of good financial management to maximise service delivery through the proficient use of limited resources.

• Revised Framework for Strategic Plans and Annual Performance Plans. To guide and improve the government planning systems and processes and to institutionalise development planning in government. It gives the requirements for strategic and annual planning, operational planning, implementation programme planning, infrastructure planning, and monitoring, reporting and evaluation.