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Contractor Rules

  • Legal Appointments in Terms of the Occupational Health & Safety Act, No. 85 Of 1993

The Contractor must ensure that the written appointment of the “Responsible Person” in terms of Section 16[2] of the Act is available on site and must be produced on request to The Client .

The Contractor shall ensure that the “Responsible Person” in terms of the Act and Regulations thereto ensure the safe and efficient execution of duties of the Contractor’s employees and subcontractors in his charge, duly observing the requirement of the Act, Regulations and Standards

imposed by the said Act.

If the “Responsible Person” is absent from the site for a continuous period of more than 24 hours the Contractor must nominate, in writing another competent person to act as the “Responsible Person”.

The Contractor, if employing more than 20 persons will ensure that he has a trained Safety, Health and Environmental (SHE) Representative on site for every 50 persons employed. The Safety, Health and Environmental (SHE) Representative will be required to perform the duties detailed in Sections

17 & 18 of the Occupational Health & Safety Act.

If the Contractor has more than 10 persons on site, he will ensure that he has an employee always trained in First Aid on site, as well as a First Aid box which complies with the requirements of the Act and Regulations.

If deemed necessary by The Client, the “Responsible Person” will attend The Client’s Unit Safety, health and Environmental (SHE) Committee meetings and may be required to establish his own safety committee.

The Client shall be at liberty, by notice in writing to the Contractor, to object to any representative or person employed by the Contractor.

If the Contractor is permitted in terms of the Service Agreement between The Client and the Contractor to sub-contract its obligations to a 3rd party, the Contractor shall ensure that the sub-contractor sign an acknowledgement in the form of Annexure A to these site rules, prior to entering the site.

The following regulations apply to all Contractors working on a Site.

  • ID Card

All contractor staff must be in possession of a valid current identification card, reflecting the name of the contractor, contact number and site number, always while on the property. These cards are obtainable at the Controlling Bodies’ office situated at the Zebula Main Gate.

When applying for a card the following must be brought to the office

Two copies of a valid RSA identification document and / or passport, or a valid work permit or asylum seeker certificate enabling a person to work within the borders of South Africa.

Both copies need to be verified by the South African Police Service.

Police Clearance Certificate.

In the event one cannot get a clearance certificate for whatsoever reason, the reason needs to be declared to the Controlling Bodies Management, who will take the matter under review. Until a decision is made the staff member will not be allowed to gain access to Zebula.

The Trustees or Managements decision will be deemed as final.

  • Demarcated construction area (Renovations Projects and New builds)

Prior to any work taking place or any materials being delivered to site a screen consisting of green shade netting, attached to “Y” posts with a minimum height of 1,5 (one and a half) metres from ground level and a density of at least 80%, must be set up around the entire construction area to retain the aesthetic value of the property, and minimise inconvenience to other Homeowners.

All staff and materials must always remain within this demarcated construction area . No materials may be temporarily received, stored, mixed or prepared on any roads or outside this area.

Contractors may place a temporary lockable store facility on the site within the construction area to secure building material. Other than this store no other movable or immovable structure may be placed, temporarily or permanently, on the property without written approval from the Controlling Bodies Management.

Access to the construction area shall be limited to one opening of maximum 6 (six) metres wide, situated facing the access road to the site.

The shade net screen may only be removed at the end of the project with the approval of the Controlling Bodies Management.

  • No access to areas outside building site

No staff member may move around on the development or leave the demarcated building site other than on the contractor or sub-contractor’s vehicle. Walking from site to site, or to and from the main gate, is strictly not permitted.

  • Working hours

Construction activity is restricted to Mondays through Fridays from 07h00 hours to 17h00 hours and excluding public holidays.

Construction staff are not permitted on the property prior to 06h30 and must be removed from the development by 18h00 each day. (these hours are only applicable to Kareefontein where new homesites are being developed.)

All other contractors activity times are Mondays through Fridays from 07:30 to 17:30 except when a contractor attends to an emergency which needs to be pre-arranged with the Controlling Bodies Management prior to access being granted.

Only Housekeeping Contractors and Sales Agents may conduct business on weekends and public holidays from 07:00 – 13:00

No contractor’s staff are permitted to remain on the property outside of the stipulated hours.

It is specifically noted that all persons, other than the Homeowner, while engaged in construction or maintenance on a site are deemed to be contractors for the purposes of this clause.

  • Responsibility for sub-contractors

The Primary Contractor is responsible for all sub-contractors working on the site and for ensuring that they comply with these regulations.

  • Right of access

Management may at any time in their sole discretion deny a contractor access to the property, or their right to build on the property, either temporarily or permanently.

  • Cleanliness

Contractors must ensure that the site is always kept as clean as reasonably possible .

Removal of building rubble, general cleaning and good housekeeping practice must take place regularly during building operations, with particular care to be taken to leave the site in a clean condition on Friday afternoons.

Any material, including plastic bags or chemicals, which may be hazardous to wild animals or which may blow off the site must be disposed of or properly secured before leaving site each day.

No rubbish may be burnt or buried on the site.

No provision for dumping of building rubble or excess construction materials has been made on the property and it is the responsibility of each Homeowner / Contractor to make their own arrangements to remove these items from the property and to dispose of such material in an approved dump site.

  • Toilets

A minimum of one toilet must be provided on each site on which construction is taking place.

This toilet must be positioned within the demarcated construction area and be situated or screened to minimise any inconvenience to surrounding sites.

  • Vehicles and roads

All construction, contractor and delivery vehicles must use the service gate and not the main Homeowner access gate unless registered for the use of said gate.

No vehicle more than 10 (ten) metres or 12 tons gross weight may use the roads on the property. The speed limit on all roads is strictly 30 kph. Speeding and reckless driving will not be tolerated. No vehicles may be parked outside of the demarcated construction area and / or homesite at which the contractor is working.

  • Right of search

Management, or their appointed security staff, reserve the right to search any vehicle or person anywhere on the property, including at the gate or within the demarcated construction areas.

  • Deliveries

Delivery vehicles will only be permitted access to the property during working hours, Monday to Friday. No deliveries are permitted on Saturday, Sunday and/or Public Holidays.

All delivery vehicles must enter the Estate by no later than 17:00.

All delivery and other vehicles must be off the property by 18h00.

All deliveries shall be subject to the rules and regulations applicable to all sites as decided by the Controlling Bodies Management from time to time.

  • Signage

The Primary Contractors only may neatly erect one sign clearly indicating their name and contact details at the entrance to the demarcated construction area during the period of construction. ((This is applicable only to new building sites at Kareefontein) This sign may not exceed an area 3 (three) metre square and must be removed immediately on completion of the project. No other signage is permitted to be erected by the Homeowner and/or the Contractors either on the site at any other site.

  • Noise & dust

Contractors to ensure that noise and dust is kept as low as reasonably possible to minimise inconvenience to other persons on the property.

  • Fires

Particularly because of the bushveld vegetation and number of people on the property there is a high risk of uncontrolled fires spreading through the property.

Open fires for cooking or other purposes are not permitted under any circumstances. The use of a small Cadac type gas cooker is permitted if properly supervised at all times.

The Controlling Bodies, Developers, and Management take no responsibility in the event of damage through the spread of uncontrolled fires on the property from any cause whatsoever.

  • Liability for Damage

Contractors are fully responsible for the conduct and discipline of all persons employed or used by them, including staff, sub-contractors and delivery personnel while on the property.

If any person is found disturbing or endangering the animal, fish or bird life, or is found pilfering, stealing or removing material from the property without permission, or is involved in any form of violence, that person shall be permanently denied access to the property, and the company who employs that person may be removed from the property and denied the opportunity to undertake any further work on the property if Management believes that there is negligence on the company’s part.

Any damage caused by employees, sub-contractors or delivery vehicles shall be the responsibility of the contractor. These damages include damage to roads, kerbs, signage, plants, irrigation, wildlife and private property. All damages are payable within 72 hours failing which the contractors will be denied access to the site until such time as full payment is received.

Management shall have sole discretion as to the nature, extent and value of these damages, and the identification of respective vehicles and persons.

  • Legal obligations

Compliance with the requirements of the Occupational Health and Safety Act is mandatory.

The Contractor is registered with the relevant governing bodies in such industry.

The Contractor is registered with the Controlling Bodies and has provided the Controlling Bodies Manager/s with all the statutory documents requested.

A copy of the rules of the Estate is available at the Controlling Bodies and it is the responsibility of all contractors to familiarise themselves with these rules, furthermore the Controlling Bodies may further circulate a Code of Conduct and / or standard operating procedure independent of these rules should further clarity be required.

  • Insurance

The contractor must ensure it has liability and 3rd party insurance to the recommended minimum value of R15 000 000.00 (fifteen million rands – this minimum value is a guideline based on the extent of damage that could result from an intentional/careless act/incident.

  • Wastage

Water is a precious commodity and care must be taken to minimise its use.

If water is wasted through carelessness, misuse, poorly connected pipes or other reason a fine shall be applied.

  • Fines

Management reserve the right to take whatever action they deem necessary for noncompliance with these regulations.