32
FEATURE
The facts of the matter
ByRory Macnamara
There is a great deal of chuntering going on within the industry concerning various bodies and activities in the industry . Discussions such as this is good , but most of the time it is not what is said but how and where it is said .
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“ Being a national law , it supersedes any Provincial or Local bylaw .”
The ‘ how ’ is often a misrepresentation of the facts , most often to make a point , which later is corrected , but by then the initial story has grown beyond recognition and created such a confused and complex scenario that it is best to look at the facts all over again .
Let ’ s first take a look at the legislation – those that make the laws , and are custodians of the laws :
• An ACT of Parliament indicates the intention of the lawmakers .
• A REGULATION provides the function of the Act .
• A STANDARD provides the performance required for functioning and achieving the intent and functionality of the Act and Regulation , respectively .
All standards are voluntary . Only when called up by an Act does it become a compulsory standard / specification . Being a national law , it supersedes any Provincial or Local bylaw . This is made clear in section 15.1 Status of Municipalities , of the Constitution of South Africa :
• Point 3 : A municipality has the right to govern , on its own initiative , the local government affairs of its community , subject to national and provincial legislation , as provided for in the Constitution .
• Point 4 : Qualifies that such national and provincial bodies may not compromise or impede a municipalities ability or right to exercise its powers or perform its functions .
• In 15.2 ( d ) one of the objectives is for local authorities is to promote a safe and healthy environment . ( Common sense tells us that a national law is provided for that reason and it makes no sense for a local authority to change it as safety and health applies to all citizens in all regions ).
The National Regulator for Compulsory Specifications ( NRCS ) is the enforcer of compulsory standards / specifications and as such will provide support for the Building Control Officer and his / her Inspectors . It is their responsibility to enforce national standards which would be included in the local bylaws , usually created to serve the specific needs of the local community . In our industry local authorities may or may not have a list of qualified plumbers permitted to work in the city / town area .
[ Editor ’ s comment : A discussion on one of the social media platforms where a BCO or Inspector stated that a body should “ Go to the Competitions Commission regarding a matter ”, will come up later .]
www . plumbingafrica . co . za @ plumbingonline @ plumbingonline @ PlumbingAfricaOnline March 2021 Volume 27 I Number 1