Friday, February 27, 2009

Consumer Protection Bill


Liability for product defect

In terms of Section 61 of the soon to be enacted Consumer Protection Bill a producer, importer, distributor or retailer of any goods (the supplier) is liable for any harm including
  • death injury or illness
  • the loss of or physical damage to property
  • economic loss
caused wholly or partially by the supply of any unsafe goods, product defect or failure and inadequate instructions or warnings.

In terms of section 61(2)(c) liability arises irrespective of the absence of negligence on the part of the supplier.

In addition a supplier of services who supplies any goods in conjunction with the supply of services also is liable as if he were a supplier of those goods.

If more than one supplier is involved then their liability is joint and several.

Liability does not arise if
  • The product is defective or unsafe as a result of compliance with public regulation.
  • The product defect, failure or hazard did not exist at the time of supply by a “middle man” unless the harm arose as a result of such “middle man's” instructions.
  • It is unreasonable for the distributor or retailer to have discovered the defect having regard to that persons role in marketing the products and the general state of scientific and technical knowledge at the relevant time.
  • Claims for damages are brought more than 3 years after
  • death or injury
  • the claimant had knowledge of an illness caused by a product
  • the first time a claimant knew about the loss caused to his property
  • the latest date upon which a person suffered economic loss
Section 60 of the Bill contains provisions for the authorities to compel the recall of defective products

Comment

This bill will have far reaching consequences for importers, suppliers and distributors of goods. The bill imposes strict product liability. This means that claimants need only to prove that the products were defective and that harm resulted thereby in order to found a claim against anybody in the chain of supply regardless as to whether or not they were negligent.

Furthermore the Bill extends strict liability to persons who supply goods during the course of the supply of services. Where for example a plumber installs defective water pipe he can be held liable for damages resulting from a defect in the pipes he installed.

The Bill contains provisions to compel the provision of adequate instructions on the packaging of hazardous goods for the safe use and handing of such goods.

The Bill also empowers the authorities to monitor the safety of products and order recalls should there be reasonable grounds to believe that the products are unsafe.

In the Building Industry where a myriad of products are used it will now become easier for consumers to sue for damages arising from the supply of defective products regardless as to whether or not the builder was negligent.

Furthermore as the liability of all persons involved is joint and several the successful litigant is entitled to look to any one of the persons in the chain of supply for full compensation notwithstanding such person's degree of involvement.

Members are advised to contact their insurers to ensure that they have adequate cover in place to cater for product liability.

Bruce Lyle
Membership Services Manager

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Thursday, February 26, 2009

Waste Tyre Regulations


Members who have major fleet, transport operations and/or Plant Yards are requested to note the Waste Tyre Regulations published in terms of the Environment Conservation Act of 1989.

The Regulations were published as Notice No. 149 of 13 February 2009 in Government Gazette No. 31901 of the same date.

The purpose of the Waste Tyre Regulations are to regulate the management of waste tyres by Regulation uniformly in all provinces of the Republic.

The Regulations are comprehensive and places obligations in respect of reuse, recycling and recovery of waste tyres.

Of particular importance is Section 16 of Part 6 of the Waste Tyre Regulations dealing with the storage of waste tyres. A number of stringent requirements are imposed. A period of grace of one year is however granted in respect of compliance by any person who has stored waste tyres on the date of application of the Waste Tyre Regulations.

Pieter Rautenbach
Projects Facilitator

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Wednesday, February 25, 2009

CETA Adult Education Initiative 2009


Dear Members

Please find below information with regards to CETA funded Adult Education for 2009.

CETA ADULT EDUCATION INITIATIVE 2009

Costs covered by Triple e Training:
  • Assessments and results (3 hrs)
  • Workbooks
  • Portfolio’s of Evidence
  • Certification
  • Basic stationery: pen, pencil, ruler, sharpener and eraser
  • Monthly attendance and progress reports
  • No additional costs for clients

Please note the following:
  • Delivery will either be on site or at another venue, according to companies’ schedules and requirements
  • Companies must be CETA levy paying members
  • Only SA citizens qualify
  • Copies of Learners’ ID’s must be submitted upon registration
  • Letter of understanding must be signed by client to confirm commitment to complete this project and to ensure the attendance of their employees
  • Learning areas that must be covered: 1 X Communication (120 hrs) and 1 X Numeracy (120 hours)
  • Completion of both learning areas by December 2009
  • Assessments: ideally 30 potential learners as the CETA is aiming the training at Level 3 and 4 learners (so we can get 20 in a class)
  • Training: 20 learners per class (clients can combine their employees in one class)
  • Training hours per week to complete within the stipulated timeframe: 8 hours a week or 34 hours a month (broken up according to your schedules)
  • Attendance requirements: min 85%
Please communicate your intention to participate in this programme to your divisional manager by Friday 6 March.

Victor Smith
Training Manager

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Tuesday, February 24, 2009

Kwazulu Natal Master Builders - Midlands Division Meeting



The Midlands Division of the Kwazulu Natal Master Builders Association recently held a meeting at the Pietermaritzburg Office. Victor Smith (Training Manager) and Bruce Lyle (Membership Services Manager) attended the meeting and updated members on a range of current and new services on offer to members.

These regular divisional meetings are a fantastic opportunity for members to get an insight on how the Association can help protect, promote and add value to their businesses.

Gary Amstutz
Commercial and Online Manager

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Monday, February 23, 2009

Self-Compacting Concrete


Self-compacting concrete was first developed in Japan in 1988 and is now available in South Africa. The need for this type of concrete arose as a result of a lack of the skills necessary to achieve sufficient compaction for durable structures.

Self-compacting concrete can be compacted into every corner of a formwork without segregation of coarse aggregate, merely by means of its own weight and without the need for vibrating compaction.

The method of achieving self-compaction involves not only high deformability of mortar but also resistance to segregation between coarse aggregate and mortar when concrete flows through confined zones such as reinforcing steel bars.

The greater expense of self-compacting concrete may however be compensated by several benefits including:
  • Shortened construction period
  • High level of workability
  • Compaction in confined areas where vibration is difficult
  • Rapid placement and consequent enhanced surface finish
  • High strengths – overnight typically reaches 30 – 40 N/mm2 – two day strengths can exceed 100 N/mm2.
  • Health and safety – less noise and danger associated with vibrating machines.
For more information on self-compacting concrete visit the Cement and Concrete Institute website.

Bruce Lyle
Membership Services Manager




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Friday, February 20, 2009

Kwazulu Natal Master Builders Association - South Coast Divisional Meeting



The South Coast Division of the Kwazulu Natal Master Builders Association, held its first general meeting for this year on the 19 February at the Port Shepstone Country Club, where 130 people attended. It is very encouraging to see, not only our membership growing, but also the enthusiastic attendance at our meetings.

The meeting was addressed by the following speakers:
  1. Neels Nortje, our Safety Manager who presented the details of the free service offered to members as well as the rates for the new specialized paid consultancy service available to both members and non- members.
  2. Jim Craighead from Heightsafety who presented and demonstrated working at heights with protective harnesses. He warned about the dangers of using inferior products that had found their way onto the market. Formscaff erected scaffolding at no cost for the demonstration.
  3. Victor Smith, our new Training Manager introduced Tracy-Ann Thomas from M-Powerment who addressed the meeting about the various skills related government levies and grants and how to go about making the most of them.
  4. Clive Hill explained the workings of the Holiday Pay Stamp Scheme and the Provident Fund. He also spoke about the other financial services to be offered including Performance Guarantees that will be available to members shortly.
  5. Mike Vernon from FEM also addressed the meeting and gave some very interesting statistics on injuries taking place.
  6. Bruce Lyle reminded members to be cautious about entering into contracts especially where payment was not guaranteed. He warned them not to waive their builder's liens unless strictly necessary. Bruce will provide free legal consultations to members on his visits to the South Coast. Bookings should be made through Hans.
  7. Holger Rust, the founder of the Terraforce made a most interesting photo presentation of the product range and its various applications.
Finally a lucky draw for two rugby tickets to the Sharks vs Lions match was won by Jaun Dicks. Thanks to Ray Basson for sponsoring this prize.

A big thank you goes to Port Shepstone Pre-cast who sponsored the evening. They are manufacturers of the Teraforce range of products which are used throughout the world. An extract from their website is set out below – please take a moment to read it.

Port Shepstone Pre-cast was bought as a going concern in December 1991 by Johnny and Carol Raath. Their son Darren joined from the outset and has been managing the administrative and internal sales departments. Johnny and Carol's son-in-law Guy joined a year later to assist and advise customers in the field.

The original business was established to produce and erect pre-cast concrete walling. In 1992 the business was restructured to become a manufacturing supplier rather than a service provider, and new products were added to the range.

In 1992 the first lintels were produced and a year later the company developed their now well-known pre-stressed "rib and block" suspended flooring system. “Since then new products have been developed regularly including stair and step systems, pre-stressed fencing posts and palisades, kerbing and water channels and other concrete products. At the end of 2002 Port Shepstone Pre-cast developed a new range of paving and allied products.

"What we wanted to do" says Johnny, "was to create something different and of a very high quality. We believe we have achieved our objective".

Hans Stols
South Coast Divisional Manager
Kwazulu Natal Master Builders Association

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Thursday, February 19, 2009

Aerial Photographs - Moses Mabhida Soccer Stadium WC2010



The Web Album above was created from aerial photos, which were submitted by Jason Barker of Barker Sky Imaging.

The series of photographs, reflects a timeline of the Construction of the new Moses Mabhida Soccer Stadium, which will be used as one of the venues for next year's World Cup.

The Stadium is being constructed by members of the Kwazulu Natal Master Builders Association (Group Five / WBHO / Pandev J.V.) and was the overall winner of the 2008 Regional and National Master Builders Association Health and Safety Competitions.

Situated next to the Kings Park, the home ground of the Sharks Rugby team, the stadium complex will include an adjoining indoor arena, sporting museum, sports institute and a new transmodal transport station. The stadium itself will seat between 70,000 and 80,000 people.

Facts and Figures:

Dimensions

Stadium: 320m x 280m x 45m

Arch

A 350 m long free span arch will hold up the roof of the stadium, the top of the arch will rise to 106 m above the pitch. The arch will consist of a 5 x 5 m steel hollow box and will weigh 2 600 tons when complete. A cable car will carry visitors up the middle of the arch, to a viewing platform on the north side. The south side will have a 550-step adventure walk.

Roof

The stadium roof will consist of a 46 000 m², Teflon-coated, glass-fibre membrane attached to the arch by 17 000m of 95mm diameter steel cables.

Bowl

Around the perimeter, 1 750 columns and 216 raking beams will provide the main support. Around the field, 900 m of retaining walls will stretch 8 m high. A total of 1 780 pre-cast concrete seating panels will create the bowl form. There will be over 80 000 m² of floor space within the stadium structure.

Façade

Over 100 columns will surround the stadium. The height of the columns varies around the stadium, but the highest will be 46 m. In total 15 000 m² of façade will surround the stadium. A total of 550 Aluminum fins will fit between the main columns. Perforated metal sheeting will be placed between the aluminum fins, where required.


Gary Amstutz
Commercial and Online Manager

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Wednesday, February 18, 2009

Training - Skills Development Workshop

Photo Credit: M J M on Flickr.com

As a service to our members we have arranged skills development workshops at Westville and at each of our divisions during the month of February.

Tracy Thomas of M-Powerment Consulting Services is a skills development facilitator who has worked for the CETA and is very knowledgeable of the Skills Development Act and all the benefits and obligations associated with it. The workshop will cover the following:

Chantal Baeza is the Kwazulu Natal Regional manger of Triple E Training who have been awarded a contract by CETA to role out ABET in KZN.
  • Overview of skills development legislation and why the skills development levy was implemented
  • Who is eligible to pay skills development levies
  • Where do the levies go
  • What are the benefits of paying the levies
  • Why companies should submit their workplace skills plan annually and how it ties in with their BBBEE scorecard and Employment Equity
  • How companies can claim back 50% of their SDL levies
  • How companies can access discretionary grant funding for additional training interventions
  • Who is eligible to have an Employment Equity plan in place and submit the relevant reports to DOL.
  • ABET Training initiative by CETA
  • Questions
The Workshops have been arranged as follows:
  1. Thursday 19 February - Port Shepstone Country club - 17h00
  2. Monday 23 February - Master Builders Association Pietermaritzburg - 17h00
  3. Tuesday 24 February - Empangeni Country Club - 10h00
  4. Thursday 26 February - Master Builders Association Westville Boardroom - 9h00
Victor Smith
Training Manager

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Tuesday, February 17, 2009

Building Economic Trends 4th Quarter 2008

Photo Credit: Chothia on Flickr.com

In a quarter characterised by general downturn, there was good news coming from a lowering in fuel and power prices.

Interest rates declined, and this caused inflation to fall. Once all the data is available for 2008, inflation is expected to be 11.5% and for 2009 it should average 7%.

The two strongest sectors contributing to Gross Domestic Product (GDP) growth were agriculture and construction.

A survey of residential contractors indicates that business conditions are not likely to deteriorate further in 2009. There was a steep increase in the number of completed dwellings smaller than 80 square metres, showing that the State is still committed to the provision of low cost housing.

The same applies to the non-residential sector. Completed office and banking space increased substantially.

The additions and alterations market is buoyant, with an 80% increase in this area of activity in Kwazulu Natal compared to the same period in 2007. The only other province to rival this figure was Limpopo, with a 90% increase.

The commitment of many governments to the lowering of interest rates and other fiscal stimuli will, in time, assist the consumer, leading to increased demand and an upturn in the general economy. Already the housing experts are looking to the 3rd quarter this year as a turning point. The State is as committed as ever to infrastructural development, long past 2010, and of course to ongoing low cost housing provision.

Clive Hill
Financial Services Manager

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Monday, February 16, 2009

Minister of Labour's Advisory Council OHS


The Minister of Labour's Advisory Council for Occupational Health and Safety (ACOHS) held its first meeting of the year on 11 February 2009 at the DoL's Head Office in Pretoria.

The Minister's Advisory Council is established in terms of Section 2 of the OHS Act, Act 85 of 1993 and consist of 20 members namely -
  • Chief Inspector

  • One officer of the Department

  • The Workmen’s Compensation Commissioner or his/her nominee

  • One person nominated by the Minister for National Health and Welfare

  • One person nominated by the Minister of Mineral and Energy Affairs

  • Six persons representing Employer Organizations

  • Six persons representing Organized Labour

  • One person with knowledge of Occupational Safety Matters

  • One person with knowledge of Occupational Medicine

  • One person with knowledge of Occupational hygiene

All members of ACOHS are appointed for a period of three years by the Minister of Labour and the main function of the Council is to advise the Minister with regard to matters of policy arising out of or in connection with the application of the provisions of the OHS Act. The Council may also appoint Technical Committees to advise the Council on any matter regarding the performance by the Council of its functions.

Summery of the Council meeting held on 11 February 2009:

  • DoL appointed a new Chief Inspector on 1 February 2009 - Mr. Thobile Lamati

  • ACOHS will re-appoint all the Technical Committees

  • Most of the regulations are still under review

  • ACHOS agreed that no further councils for regulations will be approved

  • AIA's will be reviewed

  • Construction Summit report was tabled

  • World Safety Day on 28 April 2009

  • SA Safety Day planned for 8 May 2009

Neels Nortje
Health and Safety Manager
(Appointed ACOHS Member)

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Friday, February 13, 2009

CETA and Employers - Finding Each Other?


The employer grouping (including Master Builders South Africa) that had suspended its participation at CETA late last year, has now agreed to participate once again. This follows a facilitated meeting between the parties which resulted in a list of common objectives to be explored.

At the top of the list is a legal compliance audit to ensure good governance and sound financial practice. Other issues such as research, funding for training and CETA's role in transformation are also included.

It is generally accepted that there needs to be more focus on skills development issues, and less time and energy spent on politics. It has been recognised that the relationship between various parties is a key factor on determining the effectiveness of CETA.

A follow-on discussion will take place at the end of February.


Brandon Abdinor
Executive Director

Thursday, February 12, 2009

National Budget 2009 - What's in it for the Builders?


One of the 5 key areas identified by the Minister is Infrastructural Spending. This amounts to R787 billion over a 3 year period.
  • R6.4 billion is to be devoted to Public Transport improvements. This will also assist tourism.
  • R4.1 billion to schools and clinics. More building opportunities.
  • R5.3 billion to Municipalities and Water Schemes. Dams, tanks, piping etc.
The State is engaging with the banking sector to improve cashflow for housing finance.
  • R45 billion is earmarked directly for low cost housing.
  • R13.2 billion is allocated to social grants. This will indirectly assist the small builder who will have more cash to spend on materials.
Capital Allowances are granted in respect of the following:
  • Building used in a process of manufacture.
  • Qualifying commercial buildings used mainly in the production of income (New building acquired by the taxpayer and improvements to existing buildings). For example, new administration buildings and warehouses not being part of the manufacturing premises, retail and office buildings may now qualify for a write-off.
  • Urban development zone buildings.
  • Environmental assets.
  • Specific assets (pipelines, transmission lines, railway lines).
  • Low cost residential housing (These allowances have been expanded and enhanced).
While the general economic environment is tough, the State’s commitment to building infrastructure and housing is certainly encouraging in these hard times.

Clive Hill
Financial Services Manager

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Wednesday, February 11, 2009

Close Corporations - Personal Liability for Reckless Trading



In certain circumstances the members of a Close Corporation may be held personally liable for its debts.

In the case of Ebrahim and Another vs. Airport Cold Storage (Pty) Ltd 2008 (6) 585 SCA the Corporation did not keep books of account, did not have an accounting officer for a period of more than 6 months, collected VAT but did not file VAT returns or pay it, did not file PAYE returns or pay it, did not issue pay slips, failed to deposit most of the money it received into a bank account and its funds went missing. In addition the corporation assumed the liability for a large debt without receiving adequate value for it.

The Supreme Court of Appeal found that the facts of this case indicated a consistent disregard for the independent well being of the corporation as a separate entity. It was found that this constituted a reckless carrying on of its business and that accordingly the members of the corporation were personally liable for its debts.

The Court also set out guidelines for a finding of recklessness. These were an entire failure to give regard for the consequences of one’s actions and an attitude of reckless disregard of such consequences. The surrounding circumstances such as the corporation’s type of business, its members’ roles, functions and powers, the financial circumstances and amount of its debt and the prospects of a recovery from financial difficulty should also be taken into account. In addition the degree to which the corporation’s members have departed from sound business practices having regard to the standard of the reasonable man should be considered.

It is therefore imperative that the members of a CC ensure that proper compliance to the laws and regulations, particularly the tax, disclosure and bookkeeping aspects of running a CC be adhered to in order to avoid the possibility of incurring personal liability for its debts.

Bruce Lyle
Membership Services Manager

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Tuesday, February 10, 2009

2009 Building Awards of Excellence - Call for Entries


The Annual Building Awards of Excellence introduced during 2004 by the Kwazulu Natal Master Builders Association, was based on the respective Building, Construction and Housing Awards Schemes held under the auspices of the various Australian State and Territory Master Builders Associations.

Some of the Australian Awards Schemes have been in existence for more than twenty years generating huge interest and in some instances have become large and prestigious events. In the annual New South Wales Master Builders Association Construction Excellence as much as 40% of their membership participate and the Awards Ceremony, held in the Sydney International Convention Centre could draw an audience of up to 1 500 persons at the presentation.

The Association’s initial Awards Scheme which was launched during 2005, was modest. Thonga Beach Lodge at Mbibi constructed by Dicks Construction of Zululand was the first winner. The Awards presentation was at the Durban Country Club.

Due to the growth in the member participation in the Scheme, the Awards presentations from 2005 onwards were relocated to the Albert Luthuli International Convention Centre in Durban and successive overall winners were the Sibaya Casino Entertainment Kingdom (2006) built by WBHO, ABSA Towers in Central Durban (2007) built by J.T. Ross and the joint winners in 2008 Standard Bank Regional H.Q. at Kingsmead and The Breeze Umhlanga built by Liviero & Son and Group 5\Pandev JV respectively.

In 2008 some 42 entries were judged in the finals and the presentation at the Awards function was attended by 550 persons representing members, their guests, sponsors and industry “movers and shakers”.

The 2009 Building Awards Scheme was announced during December 2008, when member enterprises were invited to enter projects in 10 categories ranging from small works to mega projects including single and multiple buildings.

Projects completed since 2004 are eligible for entry, provided that it was constructed by Members of the Association and had not been entered in the Awards Scheme before. Pieter Rautenbach is again assisting with the Awards of Excellence and he is available to assist members with identifying suitable projects for entry.

He may be contacted at 031 266 7070 (Association Westville Office), 083 2527854 (mobile) or Email - pieter[at]masterbuild.co.za

Pieter Rautenbach
Projects Facilitator

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Monday, February 9, 2009

OHS Forum Meeting - Fall Arrest Demonstration



The first Occupational Health and Safety Forum Meeting for 2009, held by the Kwazulu Natal Master Builders Association, took place on Monday the 10th February in Westville.

A detailed summary of the event will follow in a post on Thursday by Neels Nortje, but for now, we would like to share a web album of the Fall Arrest Demonstration that took place in the Atrium.

For those new to this Blog, we would like to take this opportunity to welcome you on board and trust that you will see the Blog as a valuable Health and Safety resource. As we mentioned at the Forum, your comments and suggestions are always most welcome and enable us to tailor make this service to your specific requirements.

Gary Amstutz
Commercial and Online Manager

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Friday, February 6, 2009

New Empangeni Office - Update



The alterations to the new Empangeni office are underway. The residential premises formerly owned by Dr du Toit from which he ran his practice for many years is presently being transformed into offices. Most of the space is to be let to industry professionals and the remainder is to be used for MBA purposes.

The property borders municipal land through which we have secured access to the property. This means that in addition to the existing parking adjacent to the road front there will be additional parking at the back of the offices – more than enough for our needs. The existing swimming pool will be filled in and paved over for this purpose.

This very well positioned property will not only provide a prestigious new office for our Zululand Division but will also a good return on investment for many years to come.

Bruce Lyle
Membership Services Manager

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Thursday, February 5, 2009

Legal Check - Part 8 "Electrical Installations and Equipment


The items featured in this series, are those that are the main contributors to accidents in the Construction Industry.

Part 7 "Electrical Installations and Equipment" - Construction Regulation 20
  • Competent person appointed in writing to control all electrical installations.
  • Electrical installation inspected after installation, after alterations and weekly - register/s up to date.
  • Certificate of Compliance (CoC) issued by "Competent Person"and available on site.

  • Distribution Boards identified and inspected.

  • All portable electrical tools, lights and extension leads identified/numbered and on register.

  • Equipment inspected by competent person appointed in writing - register/s up to date
"Competent Person" - means a person having the knowledge, training, experience and qualifications specific to the work or task being performed.

Look out for Part 9 "Construction Vehicles and Mobile Plant", which will be featured next week.

Neels Nortje
Health and Safety Manager

For back copies of the "Legal Check" series click on the Health and Safety label on this blog.


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Wednesday, February 4, 2009

10 reasons to join the Kwazulu Natal Master Builders Association


The Kwazulu Natal Master Builders Association is a registered Employers Organisation that Acts for and on behalf of it's Members. Established in 1901, the Association has almost 600 Members. The Associations Head Office is in Westville (Durban) and it has divisional offices in Zululand, the Midlands and the South Coast.

The Association has a strong senior Management team and a staff complement of almost 60, which allows it to offer the following specialist services to it's Members.

1. Promote your Business
The user friendly, 'Find a Builder' module on our new Website (Launching May 2008), will significantly enhance the Associations capacity to promote it's Members to the Public and also to other Members. Members are also entitled to use the Kwazulu Natal Master Builders logo on their corporate stationery.

2. Health & Safety Consulting and Auditing
Free Health & Safety advice and assistance to members as well as advanced, professional paid health and safety consulting services for all clients in the construction industry (Discounts apply for members).

3. Contractual & Legal Advice
Professional quality advice and assistance for members on contractual, regulatory and building related legal issues that they may encounter

4. Access to Information
Electronic and printed circulars, bulletins and an effective website are all used to ensure that members are kept up to date on matters affecting the efficient and profitable running of their businesses.

5. Employee Benefits Schemes
The Associations raft of employee benefits encompasses Holiday Pay provisions, Provident and Pension Funds and Insured Benefits all at cost effective rates.

6. Rebates and Preferential Deals
The Association is party to a number of commercial relationships which allow it to obtain discounts on certain products and services which are passed onto members for their benefit.

7. Exhibition and Advertising
We have an on-site exhibition centre in Westville and a range of opportunities for suppliers of building products and services to advertise through our channels.

8. Networking Opportunities
The Association arranges many formal and informal meetings, events and functions throughout the year. This is an ideal opportunity to Network with colleagues in the Industry. Our new Online Forum will allow you the freedom to Network at a time and place which is convenient to you.

9. Lobbying
The Kwazulu Natal Master Builders Association is one of many autonomous Master Builders Associations in South Africa. Master Builders South Africa acts for and on behalf of these Associations and one of it's prime functions is to engage and lobby high level stake holders in Industry and Government, on matters affecting it's Members.

10. Training
The Association has just appointed a Training Manager, whose first order of business is to conduct a skills audit amongst Members, with a view to identify current and future training needs. In addition, advice and assistance with all aspects of training is available to members.

If you would like to find out more about any of the services mentioned above, or would like to find out how to become a Member of the Kwazulu Natal Master Builders Association, please contact the Association on 031-266 7070.

Gary Amstutz
Commercial and Online Manager

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Tuesday, February 3, 2009

Motor Vehicle Insurance Policy exclusions


It is customary for comprehensive motor vehicle insurance policies to provide cover for claims by third parties against the driver of the vehicle. Most policies also exclude claims against the driver by members of the driver's family or people normally residing at the driver's residence.

In a recent court case, Bezuidenhout v ABSA Insurance Brokers (TPD 40688/2000), the court was asked to rule on whether the injured passenger (who was trying to claim on the driver's policy) normally resided at the driver's residence.

The passenger and the driver had been living together in a permanent relationship in various residences, but in 1998, their relationship ended. However, the driver allowed the passenger to continue to live in a house rented by the driver.

The passenger argued that, because the driver did not own the house, the exclusion phrase in the policy reading "....excluding any person who normally resides at your residence" meant that the exclusion did not apply.

The court held that the phrase "your residence" meant the insured driver's domestic establishment, and that persons normally residing there would be those who occupy or dwell there, with some degree of continuity, and normally received their meals and accommodation from the insured gratuitously, irrespective of whether the insured was the owner or a lessee of the premises.

While it is good to have legal certainty about the meaning of certain exclusion clauses in a policy, the hard reality is that family members and those who normally reside at the insured driver's residence are not usually covered in comprehensive motor insurance policies.

Such family members need to be covered under medical schemes and under long term risk assurance policies.

Clive Hill
Financial Services Manager

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Monday, February 2, 2009

Occupational Health & Safety Forum Meeting - 09 Feb 2009



DATE: 9 February 2009
TIME: 14:00
PRESENTERS: Jim Craighead from HeightSafety Trading Academy Pty Ltd
PRODUCT UPDATE: Formscaff
VENUE: Master Builders KZN, Board Room
COST: FREE
RSVP: Essential, with Lynda at 031 266 7070 or lynda(at)masterbuild.co.za

You are hereby invited to attend the Association’s next Occupational Health and Safety Forum Meeting. All interested members and associated persons are welcome to attend.

At these forums the Association gives feedback from the Kwazulu Natal Master Builders Association OHS committee. Thereafter, Members are given the opportunity to provide input and then there will be various Occupational Health and Safety Construction related presentations and product updates. The forum can be advertised among members and be seen as an expanded membership service.

MAIN TOPIC

Fall Arrest Systems - Risk Assessments and Correct Use

PRESENTER

Jim Craighead from HEIGHTSAFETY Training Academy Pty Ltd

This presentation will include a live demonstration of a fall and rescue from a scaffold which will be done in the Atrium – NOT TO BE MISSED!

PRODUCT UPDATE - FORMSCAFF

Formscaff will display their latest scaffolding equipment. They will provide the scaffolding which will be used for the live demonstration.

Who will benefit from attending these forum meetings?
  • Contracts Directors
  • Contracts Managers
  • Construction OHS Professionals
  • Foreman and Supervisors
  • Site Clerks
  • Safety Representatives
  • DoL Inspectors
  • Any person that has an interest in Construction OHS
The meeting should conclude at approximately 16:00 and will be followed by sponsored snacks and drinks it is therefore essential to RSVP.

Neels Nortje
Health and Safety Manager

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