Construction Industry Development Board SA’s Post

#CDHAlert | In our Dispute Resolution alert, Eugene Bester and Loyiso Bavuma discuss the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 (Act) and its accompanying Regulations, which require that oaths must be administered to the deponent “in the presence of” a commissioner of oaths, with reference to two recent cases. Both cases provide clarity on whether a party can depose to an affidavit virtually and highlight the importance of the doctrine of the separation of powers when judges interpret legislation. Read more here - https://bit.ly/3Wzkwed Furthermore, Sentebale Makara and Thobeka Dhlamini unpack The construction mafia: The not-so-new normal. South Africa’s construction industry continues to be held to ransom in what began as isolated incidents of extortion on construction projects in early 2015, has now evolved into a nationwide threat, costing the country billions of rand in revenue and jeopardizing vital infrastructure development.  Read more here - https://bit.ly/46hSAPj #CommissionersofOaths #ConstructionLaw #ConstructionIndustry #Ligitation #DisputeResolution

A recent High Court ruling and Australian Competition and Consumer Commission report have offered further insight as to how recent reforms to the unfair contract terms regime may impact head contractors and other infrastructure businesses that engage small businesses using standard form contracts in Australia. A new designated complaints regime also came into force on 1 May, allowing approved advocacy groups to make complaints about systemic or significant issues to the ACCC and obliging the ACCC to respond within 90 days. Adam P., Louise Santos, Olivia Micalizzi and Sunny Shan go into the detail on these developments. https://lnkd.in/eW6w5EM9 #PinsentMasons #ACCC #UnfairContractTerms #Infrastructure #Construction

Up to now many applicants have benefitted from the “four year rule” wherein the continuous use of a building as a dwellinghouse or unauthorised development was deemed immune from enforcement action if it had not been deliberately concealed for four years. The Levelling Up and Regeneration Act 2023 introduced provisions to change the four year period to 10 years. New legislation has been published (The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024) which means that from 25th April 2024 local planning authorities can take enforcement action against all unauthorised development in England within a 10 year period. 

This is an interesting read if you are concerned about our national infrastructure and the long delays in getting projects off the ground. It sets out a useful summary of the current position on the judicial review process and then makes a number of recommendations at improvements. With all legal processes, there has to be a fine balance between getting decisions made and allowing for judicial fairness. This is obviously particularly tricky when considering infrastructure projects and the effects of these on neighbourhoods. However, the devil is always in the details. Do organisations always comply with their obligations regarding disclosure of plans and public consultation? Do they always tell the full story? There is a call out for views on the recommendations, which must be received by 30 December. So have your say! #infrastructure #civilengineering

Late last month (April 2024), the Court of Appeal issued an important decision for those dealing with statutory nuisance including, in particular, noise nuisance. The Court of Appeal ruled that a local authority does not have the power to vary an abatement notice after it has been issued. The case did not directly interfere with the implied power to withdraw an abatement notice and contemplates the possible issue of a new notice to reflect changing circumstances. The case also contains helpful commentary on the jurisdictional division between the local authority, which issues an abatement notice, and the magistrates’ court, which deals with any matters arising from the notice once issued – such as whether the defence of best practicable means has been made out. #environmentallaw #nuisance #noise

The civil servants are the administrators who ensure the implementation of policies of the governments, creating ways for the smooth functioning of programmes and ensuring the passage of the benefits to the beneficiaries. The Central government observes April 21 as ‘Civil Services Day’ as an occasion for civil officials to work for the cause of citizens and fulfil their duties in the sphere of public service. #Coupondabba #NationalCivilServicesDay #PublicService #GovernmentService #CivilServants #ServiceToNation #ProudToServe #DedicatedToDuty #NationBuilding #CivilServicePride #GovernmentEmployees

The report asks the government to reform land acquisition law, ensure that no one is made homeless due to eviction, compensate for the loss of land, and provide for the resettlement of those displaced Read more👇 https://lnkd.in/dYNeSzaH @hrw #HRW #Pakistan #Report

The word is out - don’t rely only on the central government, the police or newly-minted legislation to overcome the debilitating activities of construction mafia and other criminal elements.   Local and international opinion is united in calling on independent role players to join forces to combat systemic extortion in the R109.5 billion construction industry. Questions are also being asked about the government’s commitment to take effective action to eradicate the scourge that in the year prior to the pandemic lockdown cost South Africa R68 billion by the government’s own admission. Read Blake Wilkins sobering report in the April issue of Asset - https://lnkd.in/dTjj8rN3 #extortion #syndicates #organisedcrime #construction

The Presidential Infrastructure Coordinating Commission Council has lauded the contribution of the construction industry to job growth in the second and third quarters of this year. However, rising crime and extortion are a concern. Council recommendations include: more law enforcement, policy reforms, better security practices, and increased community involvement in project planning. #InfrastructureSA #GrowSA

Case making is building that sense of ‘we,’ before you get to the planning table. [Government agencies] must think about who will have access; whose priorities will inform our planning process--Dr. Tiffany Manuel. https://lnkd.in/g3zX8afg #planning #casemaking #communityInput #ADA