Department of Public Works

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Legistative and Mandates

1. Constitutional Mandates

In terms of sub-section 125 (1) of the Constitution of RSA, "the executive authority of a Province is vested in the Premier of that Province." Sub-section (2) also provides that "The Premier exercises the Executive Authority, together with other

	Members of the Executive Council, by:-
	Implementing Provincial Legislations;
	Implementing all National Legislation within the functional areas listed in Schedule 4 or 5 except where the Constitution or an Act of Parliament provides otherwise;
	Administering in the province, national legislation outside the functional areas listed in Schedule 4 or 5, the administration of which has been assigned to the provincial executive in terms of an Act of Parliament;
	Developing and implementing provincial policy;
	Co-ordinating the functions of the provincial administration and its departments;
	Preparing and initiating provincial legislation; and
	Performing any other function assigned to the provincial executive in terms of the Constitution or an Act of Parliament."

In terms of Schedule 4 of the RSA Constitution, Public Works is a functional area of concurrent National and Provincial legislative competence "only in respect of the needs of provincial government departments in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the Constitution or any other law."

In terms of his Constitutional prerogative, the Premier or Minister establishes the Department of Public Works to provide and manage Provincial land and buildings as well as to contribute to the provincial goal of job creation and poverty alleviation through the Expanded Public Works Programme "only in respect of the needs of provincial government institutions in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the Constitution."

In terms of the relevant provisions of the RSA Constitution, (Act 108 of 1996) and the Public Service Act, (Proclamation 103 of 1994), a functional mandate was assigned to the Department in respect to Public Works. The Provisions of the Northern Province Land Administration Act (Act 6 of 1999) confirms the legislative mandate of the department in matters pertaining to the acquisition and disposal of provincial land and building.

In terms of this legislative mandate, it is abundantly clear that the Department of Public Works, Roads, and Infrastructure is assigned the role of custodian and manager of all provincial government land and buildings for which other legislation does not make other departments or institutions responsible. This mandate includes the determination of accommodation requirements; rendering expert built environment services to client departments as well as the acquisition, management, maintenance and disposal of such provincial government land and buildings.

2. Other General Public Service Legislative Mandates and the Regulations

	Public Finance Management Act, (Act 29 of 1999):
	Public Service Act, (Act 103 of 1994):
	Labour Relations Act, (Act 66 of 1995):
	Basic Conditions of Employment Act, (Act 75 of 1997):
	Division of Revenue Act, (Act of 2008):
	Skills Development Act, (Act 97 of 1998):
	Compensation of Occupational Injuries and Diseases Act, (Act No 130 of 1993):
	Preferential Procurement Policy Framework Act, (Act 5 of 2000):
	Broad Based Black Economic Empowerment Act, (Act 53 of 2003):
	Occupational Health and Safety Act, (Act 85 of 1993):
	Employment Equity Act, (Act 55 of 1998):
	Promotion of Access to Information Act, (Act No 2 of 2000):
	Promotion of Administrative Justice Act, (Act 3 of 2000):
	Protected Disclosure Act (Act 26 of 2000):
	State Information Technology Agency Act, 1998

3. The department also discharges its core responsibilities in terms of the following line function specific legislative mandates which are:-

	Construction Industry Development Board Act, (Act 38 of 2000)
	Deeds Registries Act, (Act 47 of 1937)
	Council for the Built Environment Act, (Act 43 of 2000)
	Architectural Professional Act, (Act 44 of 2000)
	Landscape Architectural Profession Act, (Act 45 of 2000)
	Engineering Professions Act, (Act 46 of 2000)
	Property Valuers Act, (Act 47 of 2000)
	Projects and Construction Management Profession Act, (Act 48 of 2000)
	Quantity Surveying Profession Act, (Act 49 of 2000)
	Town and Regional Planning Act, (Act 36 of 2002)
	Rating of State Property Act, (Act 79 of 1984)
	Land Affairs Act, (Act 101 of 1987)
	Land Titles Adjustment Act, (Act 111 of 1995)
	National Building Regulations and Building Standards Amendment Act, (Act 49 0f 1995)
	Housing Act, (Act 107 of 1997)
	Rental Housing Act, (Act 50 of 1999)
	National Heritage Council Act, (Act 11 of 1999)
	Government Immovable Asset Management Act, 2007 (Act No. 19 of 2007)
	Northern Province Roads Agency Act, Act 7 of 1998 as amended by Act. No.3 of 2001

4. Policy Mandates

The Department is guided by the following policy mandates in the discharge of its core responsibilities:

4.1 National

	Governing Party Election Manifesto
	National Development Plan
	Medium Term Strategic Framework
	State of the Nation Address

4.2 Provincial

	State of the Province Address
	Limpopo Development Plan
	Departmental MEC Budget Policy Speech
	Departmental Policies and Frameworks