Complete the Complaint Form and send it to:
The Executive Director
Master Builders KwaZulu-Natal
PO Box 582, Westville, 3630
The Association's complaints process cannot be initiated until you submit a fully completed complaint form. Once the complaint is received, a copy is forwarded to the member in question with a request for a response.
We do offer the following in order resolve the complaint:
The Association has an established Complaints process. The role of the Staff of the Association is not to determine contractual disputes and technical issues. The Association cannot force a member to do any work, or pay/refund any monies to clients and does act as a mediator in disputes between members and their clients. If the Association's Staff find that a member has failed to adequately abide by the Associations Code of Conduct, the matter may be referred to the Executive Council of the Association. If the charges are found to be sustained after the appropriate investigations and hearing, the Executive Council can impose sanctions on the member, ranging from reprimand, a fine, suspension or cancellation of membership.
All members of the Master Builders Association are bound by the Association's Code of Conduct. If you have a complaint against a member then the Associations complaints procedure may assist you.
It is always preferable to communicate as much as possible with the member. If issues are raised early on, then it's more likely that problems, which may worsen over time, can be averted or resolved mutually between the parties.
First, check that your builder is a member of the Master Builders KwaZulu-Natal, Find a builder. We can only receive complaints for members of the Association. You can also confirm if a builder or contractor is a member by phoning the Association on 031-2667070.
Should you have a complaint regarding a member of the Association you will need to complete a complaint form.
The Association expects its members to maintain a high standard of conduct and efficiency and has accordingly drawn up a code of conduct to which all members are required to adhere.
Complaints against one of our Members are treated very seriously. After ascertaining all the facts, we are usually able to mediate a mutually-acceptable resolution. However, if one of our Members is found guilty of transgressing the code of conduct, they can be suspended or expelled. The code of conduct focuses on the following critical elements:
In addition to the Code of Conduct for all Members, Associate Members shall also observe the following where applicable:
Associate Members who provide services to Members, shall ensure that such services comply with all legislation, and are performed to the highest standards and norms of best practice recognised within the industry or sector from which they originate.
Associate Members who manufacture Clauses or supply materials for use by Members, shall ensure that such Clauses or materials comply with all necessary legislation and prescribed performance standards, and attain the highest standards and norms of best practice recognised within the industry or sector from which they originate.
In addition to the Code of Conduct for all Members, Full Members shall also:
Perform their work to a standard that will not diminish the collective reputation of the Members and the Association’s brand.
Observe reasonable standards of financial and business practice including:
15.1. having up to date accounts that are audited if required
15.2. maintaining up to date and accurate books of account and financial records
15.3. not be an unrehabilitated insolvent
For Occupational Health and Safety purposes, manage their premises, yards and all construction sites and activities in such a manner as to achieve no less than a 4 star rating as defined in the Master Builder South Africa safety system.
Demonstrate a commitment to skills development and training that is practicable and commensurate with the size of the enterprise and the nature of the work it undertakes.
When undertaking work for clients, work at all times in terms of a generally recognised standard form of contract, or to a written contract which contains all of the essential elements to ensure efficiency, fairness and certainty in the dealings between the Member and its clients.
Ensure it adheres to reasonable standards of Human Resource and Labour Relations practice including:
19.1. Maintaining written contracts of employment with all personnel
19.2. Implementing and observing generally accepted HR policies and procedures.
Be registered with the following where required by legislation:
20.1. SARS for purposes of
20.1.4. Skills Levies
20.2. The COID Commissioner or FEM
20.5. All other bodies for which registration is required for the specific Member undertaking the specific work it performs.
The disciplinary procedure is defined by Clause 27 of the Constitution, which reads as follows:
Any member who shall depart from any of the Articles of the Association or any Resolutions adopted by the Association or the Executive Council or who shall have been guilty of any conduct which in the opinion of the Executive Council renders the member unworthy of membership of the Association may be suspended on such terms and conditions and for such period as the Executive Council may determine, or may be fined such amount, not exceeding R10 000 (ten thousand Rand) as the Executive Council may determine, or may e both suspended and fined, or may be fined and expelled from the Association, or may have any of the privileges heshe is entitled to by virtue of hisher membership removed or suspended for such period as may be determined by the Executive Council.
Notice of such suspension, fine or expulsion shall be forwarded by the Executive Director within 7 (seven) working days to the member by registered letter, and such member desiring to appeal to the members of the Association against the decision of the Executive Council, shall within 14 (fourteen) working days of such notice, request, in writing, the Executive Director to call a General Meeting of the Association, and the Executive Director shall convene such meeting to be held within 30 (thirty) working days of receipt of such request.
The member appealing shall be entitled to be present at such General Meeting and shall be heard; and the majority vote at such meeting shall be final.
Should a penalized member fail to appeal as provided, heshe shall have no further right of appeal; and should heshe fail to appeal; or should hisher suspension, fine or expulsion be confirmed, the Executive Director shall forthwith notify such decision to every member of the Association and notice of such decision may also be sent to other interested persons or bodies, or published, at the discretion of the Executive Council.
In the event of the suspension or expulsion of any member heshe shall have no claim against the Association or any of its members in respect thereof.
In the event of any member presenting to the Executive Council a complaint in writing of the conduct of any member, a meeting of the Executive Council shall as soon as practicable be held to consider same, and determine what course shall be taken with reference thereto.
Upon joining the Association, our members incur certain duties and obligations in terms of our Constitution. These include provisions that:
In instances where we receive complaints about one our members, we embark on a process of investigation, consultation and engagement which seeks to achieve an equitable resolution for all parties concerned. In the relatively rare instances where members refuse to co-operate in achieving this outcome, the Association will invoke a disciplinary process which may ultimately result in the member's expulsion.
It is important to clarify that the Association does not formally enforce standards in the strictly legal sense. The good reputation of the vast majority of our members is, however, important to us and consumer complaints are managed with a view to ensuring that this reputation remains intact. We are available at all times to offer technical assistance and advice to our members should they request this.
We are confident that membership of the Association does provide additional recourse for our members' clients in that we do follow up on complaints and we do direct our members to remedy unsatisfactory conduct and/or workmanship. The truth is that certain of these cases take a reasonable amount of time to dispose of effectively.