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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.

THE COMPLAINTS PROCESS

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:

• SKILL - A member is required to possess the necessary technical qualifications, knowledge and practical experience - or to employ, in a position of responsibility, a person or persons therewith - to ensure that all building projects are carried out in a workmanlike and economical manner.
• INTEGRITY - A member is expected to satisfy the building requirements of his client and/or fellow members by complying with the spirit as well as the letter of his contractual obligations and to handle all business transactions with fairness and honour.
• RESPONSIBILITY - A member is expected to organize his business administration effectively, to maintain adequate financial resources for the proper discharge of all contractual obligations, to assist wherever possible in the training of the future skilled manpower needs of the Building Industry and, where applicable, to comply with all wage regulating measures for the Building Industry.

MASTER BUILDERS KWAZULU-NATAL - MEMBER CODE OF CONDUCT

1. A Member is required to conduct its business in a fair manner and shall in its dealings with others at all times maintain a high standard of business ethics.
2. A Member is required to ensure that all work is of the best standards and is carried out in an efficient manner.
3. A Member is required to satisfy the building requirements of its Clients by observing the spirit, as well as complying with the letter of its contractual obligations and to handle all business transactions with fairness.
4. A Member is required to maintain healthy and safe working conditions for all its employees and to respect and protect the environment.
5. A Member is required to organise its business administration effectively and maintain adequate financial resources for the proper discharge of all its contractual obligations.
6. A Member is required to assist wherever possible with the training of the future human resource needs of the Building Industry.
7. A Member is required to comply with all applicable legislation.
8. A Member is required to endeavour to encourage all suitably qualified employers to apply for Membership of the Association.
9. A Member is required to make itself conversant with, and shall be bound by this Constitution.
10. A Member in a specific category of Membership is required to observe the Qualifying Criteria of that specific category.
11. If elected, appointed or co-opted into any office, or onto any structure of the Association, a Member is required to carry out the applicable duties with the diligence and commitment required for the benefit of the Association.

QUALIFYING CRITERIA FOR ASSOCIATE MEMBERS

In addition to the Code of Conduct for all Members, Associate Members shall also observe the following where applicable:

Article 12

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.

Article 13

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.

QUALIFYING CRITERIA FOR FULL MEMBERS

In addition to the Code of Conduct for all Members, Full Members shall also:

Article 14

Perform their work to a standard that will not diminish the collective reputation of the Members and the Association’s brand.

Article 15

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   

Article 16

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.

Article 17

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.

Article 18

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.  

Article 19

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.      

Article 20

Be registered with the following where required by legislation:

20.1.    SARS for purposes of

20.1.1.    PAYE

20.1.2.    VAT

20.1.3.    UIF

20.1.4.    Skills Levies

20.2.    The COID Commissioner or FEM

20.3.    CIDB

20.4.    NHBRC

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:

29. All members should make themselves conversant with and shall ipso facto be bound by the Articles of Association, whether the same may or may not have been signed by them.

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:

• A member is required to conduct his/her business in a fair manner and shall in his/her dealings with others at all times maintain a high standard of business ethics.
• A member is required to ensure that all work is of the best standards and is carried out in an efficient manner.
• A member is required to satisfy the building requirements of his/her Clients by observing the spirit, as well as complying with the letter of his/her contractual obligations and to handle all business transactions with fairness.
• A member is required to organise his/her business administration effectively, to maintain adequate financial resources for the proper discharge of all his/her contractual obligations, to assist wherever possible with the training of the future human resource needs of the Building Industry and, where applicable, to comply with all legislation applicable to the Building Industry in KwaZulu-Natal.
• A member is required to endeavour to encourage all suitably qualified employers to apply for membership of the Association.

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.