Vol 29 No 6 - Resolving disputes thRough amicable settlement - SAICE
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July 2021 Vol 29 No 6
Siviele Ingenieurswese
Resolving disputes Upgrading Prasa unveils
through amicable Durban’s Southern passenger rail
settlement WWTW recovery strategy
DEEP FOUNDATIONS SPECIALISTS Office: +27 (0) 74 310 1111 Web: https://trm.at/en/piling-systems Email: tyrone@trmpiling.com
Fr o m t h e Pr e s i d e n t ’ s d e s k
Gender inclusivity and equality – celebrating
women engineers around the world
“One-quarter isn’t equality. Equality is one-half.” – Phumzile Mlambo-Ngcuka, Executive Director of UN Women
A
major part of my presidential theme for 2021 is gender vital tool to encourage more young women to take up careers
inclusivity, and how we as professionals in the industry in engineering.
can advocate for ensuring that we work towards creating
a more gender inclusive environment. 2021 THEME: #EngineeringHeroes
Engineering contributes to shaping the world and making our The INWED theme for 2021 is ‘Engineering Heroes’. The theme
planet a much better, safer, more innovative and, if done correctly, was based on the role played by engineers in response to the
healthier place to live. However, engineering is perhaps the most Covid-19 pandemic: delivering and maintaining critical services
male-dominated field in STEM. It may even be the most male- and infrastructure, keeping civil society functioning at every level,
dominated profession globally, with women making up only a supporting lives and livelihoods as well as tackling climate change.
fraction of the engineering workforce. INWED in many ways assists in supporting women to achieve
their potential while providing a clear call to women to shape the
INTERNATIONAL WOMEN IN ENGINEERING DAY world we live in. It has become evident that, since recognising
Working to address this imbalance and celebrate the strides that women in engineering, the field is growing in popularity. More
women engineers have made in this male-dominated profession, women are drawn to the engineering profession as they have
engineers around the world celebrated International Women in found inspiration from those who have made great strides before
Engineering Day (INWED) on 23 June 2021. them. Ultimately, there must be equal representation of people
National Women in Engineering Day was launched in the from all walks of life working in engineering and STEM roles.
UK on 23 June 2014 by the Women’s Engineering Society and It must be acknowledged that throughout the course of his-
has since grown to a point where it received UNESCO patronage tory, women have showcased their skills and broken stereotypes
in 2016. After gaining international traction in 2017, INWED to make ground-breaking discoveries in their fields. It is evident
was formed to allow the celebration of women in engineering that women of today are inspired by those who have broken the
on a global scale. It has grown to such an extent that in 2020 glass ceiling and it is therefore important for today’s women to
the potential global audience reach was estimated as more than inspire the women of tomorrow.
100 million people. The United Nation’s International
The most encouraging aspect of INWED is that it has become Labour Organisation has for a
an international awareness campaign to advance the profile of long time emphasised the urgent
women in engineering and focus attention on the remarkable need for countries to address
career opportunities available to women in the engineering pro- gender inequality in the scien-
fession. It also celebrates the outstanding achievements of women tific and technological fields
engineers throughout the world. and to alter the outdated at-
titudes that exist in these sec-
ENCOURAGING GIRLS INTO ENGINEERING CAREERS tors, pointing out that failing to
The purpose of INWED is to focus attention on the numerous do so will create an obstacle to
opportunities available to women who want to pursue a career the progress of the country.
in engineering or are already working in engineering. This is Gender disparity
important as we are currently not only addressing the skills undoubtably plays a
shortages in engineering, but we are also focused on achieving role in South Africa’s
gender inclusivity and equality within our profession. It is im- scarcity of competent
perative that public and private enterprises as well as advocacy engineers and
groups affiliate themselves with INWED as it celebrates female this is perhaps
engineers from around the world at a time when they are still restricting
immensely under-represented in their professions. It is also a infrastructure
It must be acknowledged that throughout the course of history,
women have showcased their skills and broken stereotypes
to make ground-breaking discoveries in their fields
Civil Engineering July 2021 1
development in the process. As the saying goes, “You can’t be participatory, and mindful of gender, age, race, social class,
what you can’t see”. We need more female engineers to act as sexual orientation, ability and other intersecting identities.
role models for young women who are in the profession or want QQ Transformation – transforming structures, systems and
to enter the profession. powers that reinforce inequalities.
In her opening speech at the Generation Equality Forum, Phumzile
GLOBAL COMMITMENT Mlambo-Ngcuka, Executive Director of UN Women, noted that,
At the recent UN Generation Equality Forum in Paris, govern- “Women are just one-quarter of those who are managers, they
ment organisations, private enterprises and lobbyists came are one-quarter of parliamentarians around the world, they are
together to address gender equality and collectively committed one-quarter of those who negotiate climate change, less than one-
US$40 billion to advancing the cause for gender equality on a quarter of those who negotiate peace agreements. One-quarter isn’t
global scale. equality. Equality is one-half.”
The UN has decided that the time for dialogue is over and has Let us take heed of what our honourable past president has
convened Equality Action Coalitions to deal with issues such as: had to say and strive towards achieving that equality.
QQ Intersectionality – shedding light on the multiple and inter-
secting forms of discrimination that are experienced by many Vishal Krishandutt
women and girls.
QQ Feminist leadership – aiming to openly and purposefully SAICE President 2021
president@saice.org.za
redistribute power and responsibility in a way that is inclusive,
Civillain by Jonah Ptak:
All Charged Up and Nowhere to Go
For more engineering humour, please visit “Unreal Bridges” on Facebook and “@TheUnrealBridge” on Twitter.
2 July 2021 Civil Engineering
L e t t e r fr o m t h e e d i to r
Professionalisation drive an urgent imperative
Sentiment among civil contractors soured in Q2 of 2021, with many contractors dissatisfied with prevailing
business conditions. This coupled with the declining state of local government is a cause for concern.
D
espite a steady rise in the FNB/BER Civil Confidence budgeting practices and ineffective financial management. The
Index between Q3 of 2020 and Q1 of 2021, the index fell financial position of just over a quarter of municipalities is so dire
from 21 to 13 (out of 100) last quarter. This is the result that there is significant doubt that they will be able to continue
of several factors, including lower improvement in construction meeting their obligations in the near future. Almost half of
activity than anticipated, keener tendering competition, procure- the municipalities are exhibiting indicators of financial strain,
ment delays and low demand for new construction. including low debt recovery, an inability to pay creditors and
Respondents indicated that firms are having to price tenders operating deficits.
more aggressively with narrower profit margins to secure work, Maluleke added that “local government loses billions of
and that the amount of time between tender closing dates and rands annually because of interest and penalties, which form a
tender adjudication is increasing. significant portion of the R3.47 billion of fruitless and wasteful
According to Siphamandla Mkhwanazi, property economist expenditure reported in 2019-20.”
at FNB, it is highly unlikely that, on an annual basis, construction The continued decline in local government impacts on service
activity will contract again in Q2 of 2021. However, he noted that, delivery which often fails the most vulnerable of South Africa’s
against expectations, the momentum in construction activity citizens – the poor.
seen since Q3 of 2020 seems to have stalled and new construction
demand remains elusive. This suggests that activity growth may PROFESSIONALISING THE PUBLIC SERVICE
be restrained over the short term. The AG urged provincial governments to work with municipali-
ties with a focus on:
POOR LOCAL GOVERNMENT AUDIT OUTCOMES QQ Ensuring that leadership sets a tone of ethical and coura-
While the Covid-19 pandemic is undoubtably playing a role in the geous leadership, service-orientation, good governance and
slowed rate of construction activity, the latest Auditor General accountability
(AG) report for local government paints a bleak picture. QQ Capacitating and stabilising administration
When releasing the local government audit outcomes for the QQ Enabling and insisting on a strong control environment with
2019-20 financial year at the end of June, AG Tsakani Maluleke practical, automated and routinely executed internal controls
stated that, “Audit results under the outgoing administration have that prevent financial loss, wastage and transgressions, and
demonstrated little sign of improvement and we have observed significantly improve financial and performance management
the deteriorating state of local government.” and reporting
Given that municipalities are responsible for a large portion of QQ Implementing swift, consistent and appropriate consequences
the country’s infrastructure development and maintenance, the for accountability failures.
declining state of local government is a major concern. Much of this aligns with the drive to professionalise the public
When tabling the 2018-19 report last year, the AG delivered service. The goal is to build a capable, ethical and developmental
a very direct message that local government finances were under state by changing individual attitudes, behaviour and perfor-
severe pressure and were not being managed as they should. mance towards serving the public.
Having warned that short-term solutions were not going to bring It is vital that South Africa speeds
about the change needed, and were often costly and ineffective, up this professionalisation drive if
the AG suggested several solutions. These included investing in it is to improve service delivery,
preventative controls; significantly improving monitoring, review grow the economy and deliver
and oversight by senior officials, municipal leaders and councils; infrastructure. If the situation
effecting consequences for accountability failures; and using the is not timeously addressed and
AG’s reports, briefings and engagements to identify key areas a capable, skilled, accountable
that need attention and would benefit most from implementing and ethical public service not
preventative controls. established, we may soon
However, Maluleke reported that her office has not seen find ourselves in a very
evidence of these messages being taken to heart. While there has dire situation.
been a net improvement, disciplined financial and performance
management – which is key to achieving improved audit out- Danielle Petterson
comes and service delivery – remains in a poor state.
Local government finances remain under continued severe Editor: Civil Engineering
danielle@saice.org.za
pressure as a result of non-payment by municipal debtors, poor
Civil Engineering July 2021 3
July 2021 Vol 29 No 6
Siviele Ingenieurswese
Resolving disputes upgRading pRasa unveils
thRough amicable duRban’s southeRn passengeR Rail
settlement WWtW RecoveRy stRategy
oN THE cOVER P6
Siviele Ingenieurswese = Afrikaans
ON THE COVER
A joint venture between Raubex
Construction and Roadmac Surfacing
Cape is making good progress on Around 180 000 bags of AfriSam’s Roadstab cement are needed to stabilise the road’s G4 sub-
rehabilitating a portion of the busy base layer
R67/5 road between Queenstown
and Whittlesea in the Eastern Cape,
partnering for its cement products with
construction materials leader AfriSam. FROM THE PRESIDENT’S DESK
Gender inclusivity and equality – celebrating women engineers around the world�������������������������������������������������������������������� 1
South African
Institution of
Civil Engineering
LETTER FROM THE EDITOR
July 2021 Vol 29 No 6 Professionalisation drive an urgent imperative ������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 3
Siviele Ingenieurswese
ON THE COVER
Published by SAICE
Stability from AfriSam on Raubex-Roadmac JV road contract���������������������������������������������������������������������������������������������������������������������������������������� 6
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QUIZ
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Editor
Danielle Petterson
SAICE Know Your Sector Competition�������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 9
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CEO’S CORNER
Editorial Panel
Marco van Dijk (chairman), Irvin Luker (vice-chairman),
Vishal Krishandutt (president), Vishaal Lutchman (CEO),
Andile Gqaji, Jeffrey Mahachi, Avi Menon,
Involving youth perspectives in infrastructure development ������������������������������������������������������������������������������������������������������������������������������������� 10
Prisca Mhlongo, Jones Moloisane, Beate Scharfetter,
Danielle Petterson (editor), Verelene de Koker (journal
editor), Barbara Spence (advertising)
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The role of amicable settlement in resolving construction disputes���������������������������������������������������������������������������������������������������������������� 12
Design and reproduction
The value of accredited mediator training�������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������17
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particular the proprietors, the publishers and the editors,
ROADS & TRANSPORTATION
will be liable for any loss or damage sustained by any
reader as a result of his or her action upon any statement or
opinion published in this magazine.
Passenger rail recovery strategy unveiled ������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 22
ISSN 1021-2000
Asphalt overlay design for Gbarnga Road, Liberia ������������������������������������������������������������������������������������������������������������������������������������������������������������������������ 25
Civil Engineering July 2021
P22
WATER ENGINEERING
Novel concept and digital twin for the Mzimkhulu River Abstraction Works design������������������������������������ 35
Southern WWTW upgrade: infrastructure solutions enhance communities
and environments������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������ 41
INDUSTRY UPDATES
New material specifications for road builders ����������������������������������������������������������������������������������������������������������������������������������������������������������45 P25
New Fulton’s Concrete Technology champions sustainability���������������������������������������������������������������������������������������������������������� 47
IN BRIEF
UP’s Engineering 4.0 building awarded for innovative excellence ������������������������������������������������������������������������������������������� 48
Positivity following construction and building material sales increase��������������������������������������������������������������������������� 48
Mbalula calls for Pan-African integration of transport��������������������������������������������������������������������������������������������������������������������������������49
BOMAG GmbH appoints Kemach Equipment as the new dealer for SA, Lesotho, Swaziland ����������49 P35
SAICE AND PROFESSIONAL NEWS
Obituary: Tim Ter Haar ����������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������50
Nominations for election of Council for 2022 ������������������������������������������������������������������������������������������������������������������������������������������������������������52
SAICE Training Calendar ���������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 55
CARTOON
Civillain by Johan Ptak: All charged up and nowhere to go���������������������������������������������������������������������������������������������������������������������� 2
P41
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O n t h e cov e r
Stability from AfriSam on
Raubex‑Roadmac JV road contract
A joint venture between Raubex Construction and Roadmac Surfacing Cape is making good progress on
rehabilitating a portion of the busy R67/5 road between Queenstown and Whittlesea in the Eastern Cape,
partnering for its cement products with construction materials leader AfriSam.
T
he Raubex Construction and River Bridge in the south to Queenstown horizontal alignment, with the only
Roadmac Surfacing Cape Joint in the north. A complete rehabilitation alteration taking place in the region
Venture (RBX / RMSC JV) project is underway which will see the road of the Swart Kei River Bridge – about
will consume around 180 000 bags of upgraded and widened. The work also 1.3 km of road between staked km 14.90
AfriSam’s Roadstab cement for the stabili- includes the building of one new bridge and km 16.20.
sation of the road’s G4 sub-base layer, and and the widening of another.
around 2 000 bags of AfriSam’s flagship Road widening means that the road’s FULL-WIDTH CONSTRUCTION
All Purpose Cement for various ancillary existing 3 m per lane width will be Facilitating the construction process is
concrete works. extended to 3.7 m per lane, plus a 3 m a 5 km long forward section (section 4)
The project – commissioned by surfaced shoulder and rounding off on starting about 3 km south of Queenstown
SANRAL – kicked off with a three- each side. Some vertical realignment is (around staked km 30) and extending to
month site mobilisation which began on taking place, such as at those areas where km 25, where a gravel wearing course
15 July last year, and work has since been drainage problems are being addressed, farm access road has been prepared for
proceeding apace. Completion of the where livestock crossings are required and the temporary deviation of traffic.
30-month contract is scheduled for April at the new Swart Kei River Bridge. This This allows road building on this
2023. Design consultants for this project realignment will improve line of sight section to be conducted at full width,
are KBK Engineers, while the project for motorists, allowing the authorities speeding up production rates. To expedite
supervision is being undertaken by SNA to raise the current 80 km/h speed limit the process, well-planned excavation
Civil and Structural Engineers. to 100 km/h. allows the culverts to be completed as
The contract covers 18 km of roadway The horizontal alignment of the new quickly as possible. The section will be
on the R67/5 route, from the Swart Kei road will generally follow the current completed within a time-barred period of
18 months, starting March 2021.
The contract covers 18 km of Major fills in the section are also being
roadway and will see the road addressed in good time with the necessary
upgraded and widened cut-and-fill work. Pulverised material
from the existing road can be used for
fill, and in some sections even as a lower
selected layer after it has been successfully
tested as suitable G6 material.
About 700 m3 per day of material is
moved to level out the road, allowing
the contractors to proceed timeously to
the layer works – the lower selected and
upper selected layers. These comprise
an imported G5 crushed gravel material
of 300 mm, which is compacted to 95%
of modified AASHTO density. This is
followed by a 300 mm thick G4 sub-base
layer which is stabilised with AfriSam’s
Roadstab cement product.
The 150 mm base layer is of G1
imported crushed stone, compacted to
88% of apparent relative density; the road
6 July 2021 Civil Engineering
is then completed with a surface of 20 mm
Cape Seal with two slurries.
AFRISAM ROADSTAB CEMENT SUPPLY
It is critical that the supply of road
stabilising cement is ready and avail-
able when required, to support the
scheduled roll-out of road construction
activities. AfriSam trucks its specialised
Roadstab Cement product to site from its
Queenstown depot, which is supplied by
train line from the company’s Ulco fac-
tory in the Northern Cape.
The nationwide footprint of AfriSam
also allows it to service the project from It is critical that the supply of road stabilising cement
its Bloemfontein depot, when necessary. is ready and available when required to support the
The project’s stabilisation design requires scheduled roll-out of road construction activities
a 3% portion of Roadstab Cement in the
G4 sub-base. – the lower limit of the project route. On constructed, as well as new subsoil drains.
AfriSam’s All Purpose Cement is completion of the new bridge, the existing Kerbing and down chutes are also being
being applied mainly in the construction bridge is to be demolished. This will be a constructed on high fills at guardrails to
of culvert head-walls, blinding and other four-pier structure with two abutments. prevent damage to fill slopes.
small-scale ancillary work. At km 25.4, the Klaas Smuts River Bridge The predominance of the agricultural
Taking a partnership approach to will see its piers, abutments and deck being sector in the region has required that
customer relationships, AfriSam is widened, and the bridge expansion joints livestock crossings be constructed under
committed to a close working relation- replaced. New balustrades will be installed the road or as under passes at four points
ship with the RBX / RMSC JV team to a new standard. along the route, located near staked km 6,
throughout the project, particularly when Four new major culverts will be cast km 16, km 28 and km 32.
the stabilising processes are underway in situ to replace existing major culverts
as ongoing communication is vital to en- along the route, while another will be LOCAL SOURCING, SUPPORT
suring a problem-free process. The dozen- widened. The existing minor culverts will At section 1 of the contract – which is at
strong team in AfriSam’s Queenstown be extended, and several new ones will the end of the route near the Swart Kei
office collaborates similarly to meet the be constructed, giving the route some 56 River Bridge – there is a total of about
pre-arranged deadlines. culvert systems in total. The box culverts 8 000 m 3 of cut and some 50 000 m 3 of
AfriSam’s corporate vision – to build provide important opportunities for local fill, while Section 2 has roughly even
a positive African future – is well served small- and medium-sized enterprises who quantities of cut and fill. Sections 4
by projects like these, says territory sales conduct most of this work. and 5 comprise 23 000 m 3 of cut and
manager Jared Russouw, who highlights To enhance the drainage in the new 70 000 m 3 of fill. Commercial layer
the vital importance of roads in the coun- road design, concrete side drains are being works – the G4 and G5 material as well
try’s infrastructure. Russouw also com-
mends the support that the RBX / RMSC AfriSam is supplying approximately 180 000
JV has demonstrated for local business bags of Roadstab Cement for the
and communities. stabilisation of the road’s G4 sub-base
The RBX / RMSC JV confirms that
it has been a very positive experience
working with AfriSam to date, saying
the team has displayed energy and com-
mitment. The JV site team will send its
programme through to the AfriSam office
to notify Russouw and his team when
cement is required, specifying quantities
and deadlines. This attention to detail
has ensured there have been no delays,
allowing roadwork to proceed as planned.
BRIDGES AND CULVERTS
There are two bridges receiving attention
as part of the project. This first is the
Swart Kei River Bridge, located at km 15.37
Civil Engineering July 2021 7
250 mm sub-base is then stabilised, which
is covered with a 14 mm Cape Seal. This
specification will ensure that the tempo-
rary road is capable of safely carrying the
busy traffic flow that is experienced on
the R67 route, particularly on Fridays and
pay-day weekends.
Sections of the road are in the flood
plain, requiring significant undercuts and
side fills where unsuitable material has
to be replaced with rock fill. It has been
vital to adequately channel water from
the road sides to protect the new road
structure. Construction to date has had
to deal with summer rainfall events that
range from 20 mm of precipitation to as
Plant and equipment at work much as 70 mm to 80 mm in a single day –
makes up a total of 88 items on site demanding a flexible approach that allows
construction to continue wherever possible.
as slurry dust – are sourced from Raumix The mentoring approach is to be ‘in The positive decision was to make an
in Queenstown. the trenches’ with the subcontractors. early start on the Swart Kei River Bridge
Local permit holders in the area are This guidance ensures that learning is where work on the footings was con-
also being supported, with a large por- effective and that high standards of work ducted between July and September 2020,
tion of G1 material being sourced from can be expedited within the planned well ahead of the rainy season.
a permit holder in Ngojini, as well as a time frames. Improvements at various intersections
portion of the G4 and G5 material. About The project will need only small are also included in the work package.
50 000 m3 of fill is also being sourced quantities of asphalt, just for the bridge This requires that certain existing
from a local permit holder in the Tambo decks and large intersections, and this will gravel road intersections be relocated
Village area. This allows the RBX / RMSC be sourced from East London. or upgraded. Some intersections will be
JV to support emerging businesses in provided with right-turn lanes and bell
the supply chain and provides access to NO STOP-AND-GO mouths, all contributing to higher levels
material at both ends of the project route While 5 km of the route can be con- of road safety.
to optimise load-and-haul costs. structed at full-width, the remaining
The RBX / RMSC JV has a Structures 13 km has to accommodate traffic WELL RESOURCED
Mentoring Programme in place to assist without using the stop-and-go traffic Led by a core RBX / RMSC JV team of
its SMME subcontractors working on cul- control method. To do this, a temporary about 64 on-site employees, the project
verts and this initiative is driven by sister- 8 m widening has been constructed employs around 260 labourers and opera-
company EMPA Structures, which has an alongside the existing road. Side fills are tors from the local area. Other on-site
experienced specialist on site to facilitate put in place and G5 material is imported human resources include 25 laboratory
skills transfer and quality construction. to create upper and lower selected layers; a staff and 13 consultants, as well as 24
engineering technicians, interns and
Led by a core group of RBX / RSMC JV team of about students arranged by SANRAL.
64 on-site employees, the project employs Plant and equipment at work makes up
about 260 local labourers and operators a total of 88 items on site, including eight
excavator load and haul teams (three 30 t
and five 20 t units), five padfoot rollers,
four dozer teams, four grader teams and a
CAT RM500 recycler. The recycler plays
an important role in the processing of G4
material to the widening sections, devia-
tions, full and half width sections which
are then cement-stabilised.
For more information
www.afrisam.com
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8 July 2021 Civil EngineeringQUIZ
Celebrating our eleventh Know
Your Sector Competition winner!
N
eo Mosholi felt like he was dreaming upon communities and improve the quality of life of
receiving the news that he was our eleventh citizens through infrastructure.
Know Your Sector Competition winner. “I Neo is also a big soccer fan and enjoys
think I must have read the email over ten times just to watching sports, reading, spending time
make sure that I wasn’t dreaming. I have never had any with loved ones and listening to jazz
luck in winning such competitions,” he said. music. Currently unemployed, Neo
Neo, who holds a BSc in Civil Engineering from the would like to use his R10 000 prize
University of the Witwatersrand, has a keen interest money to do something nice for his
in structural engineering and project management. parents and sister to show thanks for the
He has always felt a strong desire for designing and incredible support they have given him over the
creating infrastructure and has a drive to build stronger past year.
Know Your Sector Competition
Stand a chance to win R10 000 in cash!
In this month’s edition of Civil Engineering we are continuing our Fun Quiz to promote knowledge of our industry service providers. Simply click
on the adverts (or the logos) of the participating companies to access their websites, and then search for the answers to the following questions:
Q1: VNA Consulting Q6: TRM Piling Q9: Sizabantu Piping Systems
What is IDMS+? For how long has Tiroler Rohre GmbH (TRM) Sizabantu Piping Systems and Molecor recently
been producing ductile driven piles? launched a new PVC pipe. What is the new size?
Q2: George Bourne & Associates
Consulting Engineers Q10: Pile Dynamics
Q7: Reinforced Earth
In what year was GBA founded?
Is the following statement true or false: Which three PDI products can be used on auger
Q3: University of Pretoria Our design input is WITHOUT COST or cast-in-place (ACIP) piles?
Who was the first head of department of the COMMITMENT – because our design costs are
Department of Engineering and Technology included in the supply of RE materials. Q11: AfriSam
Management? Complete the sentence: HEART. SOUL. QUALITY
Q8: Rocbolt Technologies CEMENT ______________.
Q4: JG Afrika
GEWI® and DYWIDAG® are registered
What are some of the services JG Afrika offers?
trademarks of Rocbolt Technologies and a Q12: P
ERI Formwork Scaffolding
Q5: University of the Witwatersrand joint venture between DSI Underground and Engineering
How many postgraduate programmes does Jennmar. What is the difference in the minimum Which two superb solutions has PERI provided
the School of Construction Economics and ultimate load of a 32 mm DYWIDAG® 950 bar to on the African continent?
Management offer? that of a GEWI® 500 25 mm bar?
TO ENTER: Scan or click on the QR code to submit PS: Advertisers who wish to capitalise on the reader
your answers (submissions, one per reader, will be attention here by including their marketing messages into
collected until 31 August 2021, whereafter the our monthly Fun Quiz should please contact Barbara Spence
winner will be announced from a random draw). (barbara@avenue.co.za / 011 463 7940 / 082 881 3454).
Civil Engineering July 2021 9C EO ’ s Co r n e r
Involving youth perspectives in
infrastructure development
This article serves to reflect on the circumstances of our exacerbated by the Covid-19 pandemic, has tested leadership and
leaders that have delivered historic value are now also proving to
youth, and their experiences, hopes and aspirations in a be ineffective. Agencies tasked with advancing youth initiatives
pandemic within a slow-growth economy. have yielded limited success. The pandemic has negatively affected
youth employment far worse than unemployment of older adults,
T
here are a few assumptions that motivate the significant leaving 1.2 billion youth exposed globally (United Nations World
capability of youth (defined as the age group between 15 Youth Report, 2020). We have to work on employing more youth
and 34 years) with the potential to make innovative contri- in multiple sectors in our mainstream economy, in addition to
butions material to our socio-economic success. Circumstances creating an environment conducive to entrepreneurship.
are, in part, illustrated by worsening mental health and higher Incremental changes will no longer suffice to make material
levels of anxiety and depression (American Psychological changes, which is why fundamental re-engineering of our economy
Association). Broadly, the key issues of concern are loss of life is required to give meaningful effect to our socio-economic woes.
and feeling unsafe, global warming and climate change, separa- To achieve such, youth must make greater contributions to leader-
tion of families, sexual harassment and assault, effects of social ship and the necessary reforms while standing as equals with
media related to conditioning and stereotyping, and a significant adults. No longer can we say that adults have all the answers – they
amount of fear about the future of the country and the world. don’t if the last decade is anything to go by. While current leaders
Each of these concerns connects not only to our National are focussed elsewhere, there lies the opportunity for youth to
Development Plan objectives, but also to the purpose and target exert a greater appreciation for the SDGs with initiatives that weave
indicators of several of the Sustainable Development Goals these goals into regulatory reforms and policies with the aim of
(SDGs), namely: implementation. The underlying focus has to link innovation and
QQ SDG 3 – Good health and wellbeing digital ecosystems with socio-economic value, for example.
QQ SDG 5 – Gender equality Current methodologies are based on historic paradigms of
QQ SDG 8 – Decent work and economic growth thinking that have not made material impacts on our socio-
QQ SDG 10 – Reduced inequalities economic development. The vulnerable remain and have grown
QQ SDG 11 – Sustainable cities and communities in number. Therefore, methodologies and/or ideologies must be
QQ SDG 13 – Climate action revisited and overhauled where necessary to become effective.
QQ SDG 16 – Peace, justice and strong institutions. In adopting a transformative mindset, leaders should remove
If such concerns can be transformed into material initiatives, barriers and provide platforms that foster engagement on devel-
we may have useful approaches to progressing initiatives. opmental concepts as it applies to community, national, regional
Notwithstanding the concerns, it appears that one could support and global development.
the notion that youth may have greater care for societal issues. As it pertains to South Africa, youth contributions have to
All of South Africa’s development plans have socio-economic include engagement on topics of diversity, inclusivity, and equality,
objectives to mitigate similar concerns assumed to which are often referred to as altruistic. Such issues can no longer
be shared by communities in general, and not remain talking points, which is a sure way to maintain our
unique to our youth. In keeping with the need non-egalitarian society which does not progress social
for significant structural reforms, we have to justice. If current leaders are unable or unwilling to address
allow for greater and fundamental contributions such issues, youth may be able to chalk out innovative
from youth in all stakeholder groups towards solutions. Youth, including current leaders, must focus on
all aspects of our economy. The current youth thinking and aspire towards social development solutions.
unemployment rate of 46.1% (Statistics South We may not know exactly how much work is needed to
Africa) provides further motivation for this. bring us to a single economy with equal access op-
Saying that almost half of portunities, but it is certainly destined to take
our youth are unemployed is decades.
an indictment of our current
leadership. This figure is YOUTH ADVANCEMENT THROUGH
set to grow if trends are DIGITAL INNOVATION
not urgently reversed. & DEVELOPMENT
Admittedly, a low-growth South Africa is fortunate to
to stagnant economy, have organisations and agencies
10 July 2021 Civil Engineeringthat promote digital innovation. Such technologies typically POTENTIAL FOR YOUTH AS SOCIAL ENTREPRENEURS
lead to improvements in the provision of existing products and Social entrepreneurship is a business that generates profits while
processes. Innovation requires constant changing of ways of seeking to generate positive social impacts. Social enterprises have
thinking, learning and working. benefitted almost 1 billion people in nine countries while providing
Through educational institutions such as schools and universi- goods, services and employment to the most marginalised groups.
ties, youth have been catapulted into working with digital tech- Leaders are required to create supportive environments with
nology with the advent of the pandemic, for example. It is fast be- enabling entrepreneurial policies and programmes so that youth
coming a reality that digital literacy and entrepreneurial skills are social entrepreneurship can leverage the energy and creativity
the most important skills in the 21st century. Accelerated growth of young people as agents of change. Some examples of social
of our economy will be based on the application of knowledge and enterprises include impact investing, corporate social investment
innovation in keeping with SDG 4 and 9 respectively. South Africa’s initiatives and conscious consumerism.
growth opportunities in a technology and innovation environment Impact investing intends to combine financial gains with
will help address unemployment. We often refer to economic social and environmental benefits which can be considered an
emancipation as a work in progress that can be facilitated by digital extension of philanthropy. Creation of investment in a non-profit
entrepreneurship. It serves as a means to empower and therefore organisation, and investment in clean technologies in healthcare,
emancipate under-resourced and vulnerable people. education, energy and agriculture are typical examples. As such
In addition to education in digital technology, youth must approaches gain increasing attention in the business world, they
be educated in entrepreneurship, which is the key to success will certainly provide opportunities for youth to apply their
through self-efficacy. Another significant limitation in our minds unconventionally. Such initiatives assert the notion of
country is affordable access to the digital economy, starting with “conscious capitalism”, encapsulating a socially responsible eco-
bandwidth. We have yet to get all of society connected to the nomic and political philosophy that increases the possibility of an
internet. Data is no longer a luxury but a necessity, and access to egalitarian, just and inclusive society.
the internet with smart devices will open up opportunities for
innovation, possible employment, learning and entrepreneur- Vishaal Lutchman
ship in the digital economy. Furthermore, connectivity allows
economic transcendence by allowing youth from all walks of life SAICE CEO
vishaal@saice.org.za
to connect.
Civil Engineering July 2021 11
WHY WITS?
We have a strong faculty of lecturers who teach on the pro-
gramme. We combine research-active academics with experi-
enced practitioners drawn from the construction and engineering
sectors and other fields like law, economics and management
SCHOOL OF CONSTRUCTION who service the construction industry.
ECONOMICS & MANAGEMENT
We offer our MSc Building (Project Management in Construction)
programme on a block release basis to enable you fit it within your
working life. This also provides opportunity and access for people
in different locations to join our programme for an exciting
STUDY CONSTRUCTION PROJECT postgraduate education experience in the field of construction
project management.
MANAGEMENT AT WITS
All of our individual courses within the programme are also offered
as short courses. So even if you are not yet ready to do our full MSc
programme, you can apply to take a specific course within the
programme to acquire knowledge and competence in that
particular area and obtain a short course certificate. We welcome
short course applications throughout the year.
The School of Construction Economics and Management offers a 1 year full-time or
2 years part-time MSc (Building) programme in the field of Project Management in APPLICATIONS
Construction. Our programme has been in high demand in recent years and we Application for admission into our MSc programme is currently
constantly seek to attract enthusiastic applicants to study with us. open and will close at the end of November 2021. We generally
require an Honours degree but we also consider differently
MSc (Building) in the field of Project Management in Construction qualified applicants. Successful applicants will start at the
Our programme consists of the following courses which we constantly update in line beginning of the 2022 academic year.
For more information and online application:
with current industry trends, international best practice, and the latest research/sci-
www.wits.ac.za/course-finder/postgraduate/ebe/msc-building-
entific knowledge in our field:
construction-project-management
• Project Management
• Construction Planning and Control
SPECIFIC ENQUIRIES
• Construction Law and Contract Management Telephone: +27 (0) 11 717 7652/62/76
• Construction Economics & Finance Email: Dr. Yomi Babatunde, Programme Coordinator:
• Construction Safety and Quality Management oluwayomi.babatunde@wits.ac.za
• Research Methodology Prof. Sam Laryea, Head of School:
• Research Report samuel.laryea@wits.ac.za
www.wits.ac.za/cemA m i cabl e S e t t l e m e n t
The role of amicable settlement
in resolving construction disputes
Adv. Hubert Thompson Pr Eng, HonFSAICE
SAICE ADR Panel
thompson@icon.co.za
I
n the construction industry, the
contract between the employer and
the contractor should set out a tiered
(stepped, layered or staggered) dispute
resolution process which should be
clearly defined but not overly structured.
Part of the process should also be an
amicable settlement procedure. The
different techniques of this procedure
might bring the parties together, instead
of driving them further apart.
While the same type of material is invariably being in a weaker bargaining relatively cheap, and pre-determined.
used for both, bridges should be built and financial position than the employer. It should also make use of techniques
instead of fences. Disputes in the construction industry within the existing legal framework
are often protracted, complex and ex- that are impartial and capable of with-
WHY IS THERE A PROCESS TO DEAL pensive to resolve. They may also cause standing potentially heated exchanges
WITH CONSTRUCTION DISPUTES? long-term damage to the commercial between the parties.
Infrastructure is a requirement for relationships between different role Importantly, the parties’ attention
sustainable development and to improve players. In the event of a dispute arising, should not be deflected away from the
quality of life. Part of the development is the parties need to clear the hurdle as primary objective, which is to complete
the contract between the employer and quickly as possible and get back to the the work on time, within budget and to
the contractor. Construction contracts business at hand. Work on a construction the required standard. Not only should
are sometimes overly complex and/or site should not stop while the parties the dispute resolution process take place
contain ambiguities and contradictions, look for ways to tackle the problem. in real time, but it should be driven by the
which can lead to different types of Furthermore, the employer’s agent parties themselves. Amicable settlement
factual and legal disputes. The courts should not be tasked with making a final is an important part of this process.
in England, for example, asserted that ruling before the matter is referred to
“building contracts are pregnant with arbitration or court litigation. THE STRUCTURE OF THE DISPUTE
disputes”, although in practice “some These days, contracts and contractual RESOLUTION PROCESS
employers are more reasonable than disputes in the construction industry are The development of alternative methods
others when dealing with disputes”.1 more complex than they were in the past. for resolving disputes was triggered by
A contractor invariably extends credit Alternative approaches are therefore growing dissatisfaction with traditional
to the employer by performing services or needed to arrive at optimal solutions. dispute settlement procedures, such as
providing goods in advance of payment. To this end, a dispute resolution process arbitration and court litigation. These
Cash is needed by the contractor as it is (a course of action comprising different alternative methods allow disputes to be
the lifeblood of the construction industry. stages) should be followed that is trans- resolved through the adoption of tech-
This results in the contractor almost parent, fair, robust, flexible, fast, logical, niques best suited to the particular con-
flict or dispute and form part of so-called
Disputes in the construction industry are often protracted, complex ‘alternative dispute resolution’ procedures
(commonly known as ADR).
and expensive to resolve. They may also cause long-term damage The different procedures associated
to the commercial relationships between different role players with the dispute resolution process are:
12 July 2021 Civil EngineeringQQ Either determinative or negotiated in the necessary decisions in their (and the Agreement (JBCC) the dispute may
nature; and project’s) best interests, allowing the be referred to arbitration without
QQ Either preliminary or final in nature. construction work to proceed without being referred to adjudication at
A procedure may also be part of the unnecessary extra costs or delays, and all. However, if the dispute is first
interest-based or rights-based approach without the risk of suspension or cancel- referred to adjudication and one of
to resolving a dispute, depending on lation of the work. These procedures the parties is not satisfied with the
when and how the procedure is used. could also act as a filter to prevent a outcome, the dispute should then be
Litigation, arbitration, expert dispute from escalating further. The out- referred to arbitration. The parties
determination, and adjudication are come is usually achieved in a relatively may agree to refer the dispute to
procedures that are determinative in quick, robust and inexpensive manner mediation before adjudication (if
nature, while an amicable settlement and addresses two critical issues: adjudication is pursued) and/or before
technique (such as providing an opinion QQ Whether monetary relief is due to arbitration (whether adjudication is
or stating the principles in support of a the contractor (as a positive cashflow pursued or not).
proposed agreement), a dispute review is the lifeblood of the construction QQ Under the Engineering and
board and an early neutral evaluation are industry) Construction Contract (ECC), the
procedures that are negotiated in nature. QQ It allows the parties to take mitigating dispute should first be referred to
Determinative outcomes are enforceable measures if circumstances are not senior representatives, and, if no set-
while negotiated outcomes (before they favourable to them or the project. tlement can be reached, it should then
are embodied in an agreement) are not The procedures associated with the be referred to adjudication. If one of
enforceable. Yet the latter constitute a rights-based approach to dispute resolu- the parties is not satisfied with the
concrete and useful alternative. tion are usually final determinative outcome, the dispute should then be
Adjudication is a procedure that is procedures. Here the legal rights and referred to the tribunal, which could
preliminary in nature. A determination obligations of each party to the dispute be arbitration, court litigation, expert
is usually reached within a short period are finally determined and put into effect determination, or a dispute resolution
of time and effect should be given to such without the risk or fear of such rights and panel, depending on what is stated in
a decision until it is set aside, substituted obligations being set aside, substituted the contract data.
or altered by a higher authority. Court or altered – although this may not QQ Under the General Conditions of
litigation, arbitration, expert determina- necessarily be in the best interests of Contract for Construction Works
tion and agreement are procedures that the parties or the project. Unlike the (GCC) the dispute should be referred
are final in nature. Once the procedure interest-based approach, the rights-based to adjudication, but the parties may
has run its course, there is a final, approach does not allow the interests agree to first use one of the amicable
binding determination. of the parties to be explored and the settlement techniques. If no settle-
The procedures associated with outcome is usually determined over a ment can be reached by invoking
the interest-based approach to dispute lengthy period at great cost. the latter, the dispute should then be
resolution are usually negotiated and pre- Although there are similarities referred to adjudication. Similarly,
liminary determinative procedures. Here between the processes prescribed by the if one of the parties is not satisfied
the concerns of the parties are addressed various standard construction contracts with the outcome, the dispute should
in such a manner that they acquire a commonly used in South Africa, they do then be referred to arbitration or
better understanding of their (and their differ in terms of subject matter, content court litigation, depending on what is
counterpart’s) rights and obligations in and application. The different processes stated in the contract. In such a case,
terms of the dispute and can explore a are as follows: the parties may (again) agree that an
range of potentially win-win solutions. QQ Under the Joint Building Contracts amicable settlement technique should
The parties are then able to act and take Committee – Principal Building precede arbitration or court litigation,
Table 1 Overview of the processes prescribed by commonly used standard construction contracts
Approach Nature JBCC NEC GCC FIDIC
Part of the rights- Tribunal (court litigation,
Final Arbitration or court
based approach Arbitration arbitration, expert determination, Arbitration
determinative litigation
to the process dispute resolution panel)
Any amicable
Mediation, if
Negotiated settlement technique, if Amicable settlement
parties so agree
parties so agree
Part of the
interest-based Preliminary
Adjudication Adjudication Adjudication Adjudication
approach to the determinative
process
Any amicable
Mediation, if
Negotiated Senior representatives settlement technique, if
parties so agree
parties so agree
Civil Engineering July 2021 13Amicable settlement is conducted such as court litigation, arbitration in an agreement that ends the dispute
and adjudication. and creates new rights, obligations and
in a confidential, private and The amicable settlement procedure responsibilities for each of the parties.
informal manner. It is usually a is designed to bring the parties together If the settlement has not been recorded
and give them the opportunity to find in an agreement, it is not binding or
reasonably low-cost procedure common ground and settle their differ- enforceable.
with minimal paperwork ences in a neutral environment. It allows The Amicable Settlement Facilitator
the parties to hear the strengths and does not have the power to impose the
as the case may be, and if no settle- weaknesses of their case, and uncovers settlement on the parties; nor does
ment can be reached, arbitration or the real issues so that the parties can he issue orders, find fault or make
court litigation would follow. concentrate on these rather than on their determinations. Instead, he assists the
QQ Under the Federation Internationale own perceived differences, which are parties to arrive at their own settlement
des Ingenieurs-Conseils Conditions of often incorrect. The different amicable by facilitating communication, obtaining
Contracts (FIDIC), the dispute should settlement techniques are designed to relevant information and formulating
first be referred to adjudication, and help the parties pinpoint the disputed options. The facilitator needs to gain the
if one of the parties is not satisfied issues, consider alternative dispute reso- trust of the disputing parties from the
with the outcome, it should then be lution options, and reach a consensual outset so that they will openly share their
referred to amicable settlement. If no settlement that accommodates their thoughts and views with him. If he does
settlement can be reached, the dispute respective needs. not, or if he loses trust during the pro-
should then be referred to arbitration. The success of amicable settlement is cess, it could be more difficult to achieve
The process can be summarised as follows: dependent on an appropriate technique the optimal settlement.
QQ As far as the agreed/acceptable and suitable Amicable Settlement The initial part of the proceedings is
construction industry process is Facilitator supported by the necessary usually facilitative in nature where the
concerned, an ‘opt-for’ procedure discipline of the parties. An Amicable Amicable Settlement Facilitator tries to
(adjudication), then ‘fall-back’ pro- Settlement Facilitator must always be break the deadlock between the parties.
cedure if the opted-for procedure is (and be seen by the parties to be) neutral This is done by identifying the causes
not successful (amicable settlement) and independent of the parties, with no of the problem and evaluating ways to
and then an ‘if all else fails and final’ interest in the outcome of the dispute. overcome it. The facilitator is responsible
procedure (arbitration). (See the His role is to assist the parties to settle for administering the proceedings
provisions of FIDIC) the dispute by agreement. The use of in an expeditious and cost-effective
QQ As far as what an ideal construc- Amicable Settlement Facilitators and manner. He may have the discretion to
tion industry process should be, an other interventions, or a combination conduct the proceedings in the manner
interest-based approach should be fol- thereof, such as caucusing, consulting that he sees fit. The parties, however,
lowed, consisting of ‘amicable discus- records and experts, or visiting construc- should retain control of the settlement
sion and settlement’, ‘adjudication’ and tion sites, increases the chances of a process, remaining flexible in their ap-
‘accept and/or reject discussion’, and if successful outcome. Practice has shown proach while looking to preserve their
not successful, then a rights-based ap- that the more techniques are used, the ongoing relationship.
proach of ‘arbitration/court litigation’. more likely it is that a settlement will After he has considered the strengths
(Based on the provisions of GCC) be reached. and weaknesses of each party’s case, the
A successful settlement ultimately facilitator has the task of persuading the
THE AMICABLE SETTLEMENT lies with the disputing parties. They, and disputing parties to consider and agree
PROCEDURE they alone, must decide whether to settle to various concessions in order to reach
and on what terms. Thereafter, they must a settlement. He, one of the parties,
Principles ‘own’ the settlement. If a settlement is or even an outsider may propose the
Amicable settlement is conducted in reached, it should bring the dispute to concessions. The final settlement will be
a confidential, private and informal an end, thereby disposing of the matter synthesised from acceptable proposals
manner. It is usually a reasonably low- in dispute. This invariably involves both put forward by each party. The outcome
cost procedure with minimal paperwork. parties making certain concessions. of the facilitation is therefore dependent
It can be set up quickly and usually has a The settlement should include the on the disputing parties reaching agree-
high success rate, depending on the pre- rights, obligations and responsibilities ment. The procedure should encourage
cise nature of the dispute and the skills of each of the parties regarding the the parties to focus on a settlement
of the Amicable Settlement Facilitator. matter in dispute and the fact that they and consider the future rather than re-
It allows imaginative solutions that will waive any further rights regarding examine the past. More attention should
are not possible in other procedures, the dispute. This should be captured be given to what went wrong and how
things should be rectified than on why it
The amicable settlement procedure is designed to bring the went wrong and who should be blamed.
The past should only be examined if
parties together and give them the opportunity to find common necessary, so that the parties are free to
ground and settle their differences in a neutral environment look ahead.
14 July 2021 Civil EngineeringYou can also read
