concor holdings
concor is listed on the jse and is controlled by hochtief ag (“hochtief”), a german company. concor has the following operating divisions: concor building division, concor civils, concor engineering, underground mining, opencast mining, concor roads, concor technicrete andconcor facility management .
concor holdings - head office is located in johannesburg, south africa. company is working in general business business activities. visit our company website for more information about us: urltoken
page 1684 (ctrom pre - qualification evaluation report) where sanral recommends 8 applicants be invited to tender viz. n2 toll operations joint venture, basil read / kobitech transport / bouygues, stocks cintra n2 joint venture, rumdel holdings ltd, tolcon, intertoll nkobi consortium, concor holdings (pty) ltd and cofiroute .
m & r is the main operating subsidiary in the group of companies controlled by murray & roberts holdings limited (“m & r holdings”), a public company listed on the jse. the subsidiaries of m & r holdings include the following firms: murray & roberts construction, murray & roberts engineering solutions, murray & roberts marine, murray & roberts steel, murray & roberts concessions and murray & roberts cementation .
be value enhancing for it and will give it access to capabilities that m & r do not currently have, namely the technicrete and open cast mining division of concor. for concor, its controlling shareholder, hochtief wishes to exit its investment in concor for strategic business reasons .
through its subsidiaries, m & r holdings is involved in construction, engineering, construction materials and services and fabrication and manufacturing. concor is involved in civil engineering, building, structural and mechanical engineering, roads construction, opencast mining contracting, underground mining contracting, manufacturing of building and mining products and facilities management .
the owner of the works was the department of water affairs and forestry. vke consulting engineers were appointed by the owner to design the bridge to span the ngwaritsane river, near bosbokrand. the contractor, concor holdings (pty) limited, was appointed to design the temporary works from design information obtained from vke and to build the structure .
it has come to our attention that a fraudulent call for construction tender bids is being circulated in the name of concor construction .
concor power offers world class, large project management and construction solutions to fulfil the power and energy generation requirements on our continent .
other than the concor shares held by mexican wave investments (pty) ltd - a wholly owned subsidiary of m & r .
during the year basil read concluded an acquisition deal that would transform and enhance the future capabilities of its already formidable building division. p. gerolemou construction / mvela phanda construction became wholly‑owned subsidiaries of basil read holdings to form the new basil read buildings .
in terms of the proposed transaction, murray & roberts limited (“m & r”) will acquire the entire issued share capital of concor limited (“concor”) from its shareholders. 1 the transaction will be effected either by a scheme of arrangement or a substitute offer .
concor house, 13 church street, crown industria, mayfair, p. o. box: 8259 2000. , johannesburg, south africa
basil read revived its engineering division to meet demand for infrastructural upgrade by local government and companies that offer full spectrum services for construction projects. the group concluded a merger with the multi‑disciplinary engineering firm, twp holdings, to offer clients a comprehensive range of specialist services .
concor offers a full spectrum of construction and contracting services, from civils and building construction, roads and earthworks, property development and opencast mining .
concor botswana offers building, civils and industrial construction services to the mining, minerals and power generation sectors, as well as to government and selected private sector clients. in addition to world class construction capabilities, concor botswana has access to a range of building materials through affiliated local suppliers .
concor’s offices are based in bedfordview, johannesburg, while project sites are located across the south african landscape. we also have operations in botswana and namibia .
predictably, concor and vke both blamed each other for the fact that the slide path and the temporary bearings were not where they should have been. vke’s point of view was that it is the engineer who chooses the slide path, that they had done so and that they had informed concor of their choice in the project specifications. according to them, concor did not comply with these specifications, by putting the slide path and the temporary bearings in different positions than those indicated in the project specifications. for this they are allegedly solely to blame. concor, on the other hand, contended that the positions of the slide path and the temporary bearings were either not properly indicated by vke, or indicated to be in the positions in which they were constructed by concor. more importantly, however, vke, by approving the temporary works, accepted the slide path and temporary bearing positions indicated by concor. having done so, the responsibility for the incorrect bearing positions lies with vke .
concor (formerly murray & roberts construction) is a diversified infrastructure and services construction company, with core competencies in the infrastructure, building, mining and property development sectors .
on 14 june 2006, the competition tribunal issued a merger clearance certificate approving the transaction between murray & roberts limited and concor limited. the reasons for this decision follow .
concor is a diversified construction company offering highly specialised capabilities and services. these are delivered as unique offerings or blended together through innovative ways to offer more holistic solutions for our clients .
concor plant operates through specialised, project - focused teams that are fully experienced in procurement, commissioning, repair and refurbishment of all plant on mining, infrastructure and external hire operations .
it was the inquiries opinion that neither of the aforementioned approaches is correct, and that vke and concor must share responsibility for the incorrect positioning of the slide path and the temporary bearings .
although it may be true, as vke contended, that their approval of concor’s defective work does not absolve concor from responsibility, that says nothing about its own responsibility. vke had various responsibilities in terms of its contract with the department. its responsibility was not limited to the design of the permanent works. it was also responsible to supervise concor’s work. the purpose of such supervision was plainly to ensure that concor complied with its contractual obligations towards the department. whilst it is accepted that it did not entail an inspection and approval of every little detail of concor’s work, it is inconceivable that even vke could realistically have thought that they were not, at the very least, required to satisfy themselves that concor had complied with one of its most fundamental obligations in terms of the contract, i. e. to place the slide path in the position designed by vke. it was common cause that the engineer chooses the slide path in an incrementally launched bridge. if this is so, we can think of no reason why the engineer should not indicate this important part of the design clearly on the drawings .
the inquiry found both vke and concor to blame for the collapse of the bridge. but this is not the end of the matter, since both vke and concor are legal entities (not natural persons) who acted through their employees and / or directors. the question arises as to which of those employees or directors should or might be held responsible for the acts and omissions of concor and vke, respectively. in this regard, it is not concerned with contractual liability, but with potential delictual or criminal liability for the deaths and injuries resulting from the collapse .
in concor holdings (pty) ltd v mazibuko & others (at 477) the labour court examined the application of the prescription act 68 of 1969 to the enforcement of arbitration awards, and found the principle of the timeous resolution of labour disputes to be consistent with the timeous enforcement of debts as set out in the act, and that the dictates of fairness and equity did not trump the provisions of the act, which had been found to be constitutionally valid. the employee’s right to enforce an arbitration award had therefore prescribed after three years .
concor is committed to broad - based black economic empowerment (b - bbee), with a comprehensive strategy that aims to achieve meaningful representation of black people at ownership, senior executive and employment level .
concor western cape comprises a diversified multi - disciplinary team offering highly specialised services that combine to offer clients holistic solutions. the company’s leading capabilities in the building realm are the sum of decades of experience .
the inquiry gave a great deal of thought to the question whether any other concor employees or representatives can be held responsible for the collapse. for example, should the pad feeders be held responsible for their incorrect pad feeding, despite allegedly having been instructed to feed them correctly? or should mr jordao and mr de sa be held responsible for the inadequate supervision of the pad feeders and the absence of a proper launching procedure? or does the responsibility for what happened on site ultimately lie with the site agent? it may even be argued that mr serman (concor contracts director) and mr wardhaugh (concor contracts manager) should bear some responsibility for entrusting the design of the temporary works to mr heese and the construction of the bridge to inexperienced site staff like messrs price (concor site agent), de sa and jordao .
following the recent acquisition of the business by a consortium led by the southern palace group (southern palace), concor is positioned to become the leading, black owned infrastructure and buildings business in south africa .
we urge legitimate suppliers and potential contractors to be cautious and to contact concor construction on 011 590 5500 to verify all tender notices before making any payments. you can also send an enquiry to info. construction @ urltoken
concor opencast mining is a world class implementer of mining projects. based on a philosophy of ensuring long - term relationships with its clients and a commitment to consistent performance, the company has undertaken many successful projects involving major mining houses .
through a unique combination of engineering, construction and design disciplines and expertise, concor delivers world class infrastructure solutions to customers and stakeholders across a broad range of industry sectors. we leverage this competence and expertise to deliver major projects in rural and urban settings, as well as high - growth in markets of developing economies. our ability to innovate to suit the environments in which we work has also played a role in positioning concor as a leading contractor in emerging and developing countries .
cracks appeared in the bridge deck as warning signs that things were going wrong, but they were not taken seriously by anybody. the first type of crack was the longitudinal cracks close to the corner of the box observed by a mr khanyile (concor pad feeder). these were tensile cracks and it showed that the western haunch had been failing for a long time. the other transverse cracks were seen by concor’s mr de sa and mr jordao. these were reported during his first few days on site .
concor consists of eight business units and is regarded as one of the largest players in the south and sub - saharan african construction sectors. we are a south african based company established in the western cape and our heritage dates back to the early 1900s .
building is one of humankind’s most ancient pursuits and concor buildings boasts a proud track record of major developments and projects across the full spectrum of the building industry with focused, proactive and experienced teams geared up to take on large, unusual and technically complex projects .
adv hans fabricius and his legal team found both parties, the consulting engineers and the contractor, negligent in a number of ways. johan bischoff, head of vke pretoria structural department, and technical manager rolf heese of concor, were both found to have been negligent .
the tender notice cites several opportunities related to facilities management, it infrastructure, employee wellness programmes and construction projects across johannesburg and southern africa. the bid fee of r6 250 and contact details (anita adams + 27605688140) are all falsified as this individual is not employed by concor construction .
concor infrastructure offers diverse solutions across all civil engineering disciplines, based on years of hard - won expertise and experience. the company prides itself on its ability to deliver quality workmanship on projects of all sizes. this is enabled by the specialised civil engineering skills and multi - disciplinary teams of professionals .
concor is a proud and active member of the green buildings council of south africa and has a proven track record of delivering certified buildings to our clients, through established material sourcing and helping our sub - contractors observe specifications required to submit evidence for certification. we have successfully certified green building projects in south africa, botswana and namibia .
concor has delivered infrastructure projects across the south african landscape, including iconic projects such as the bloukrans bridge in the eastern cape, huguenot tunnel and hugo’s river viaduct in the western cape, reservoir for the ingula power station in kwa - zulu natal and the carlton centre, absa towers, melrose arch, the gautrain and menlyn shopping centre in gauteng .
rising commodity prices boosted mining production. this resulted in a wealth of worthy contracts for capable service providers. basil read joined forces with australian‑based leighton international and local botswana company, bothakga burrow, to form the majwe mining joint venture. furthermore, basil read mining in a 50 / 50 joint venture with concor was awarded the beeshoek joint venture contract by assmang .
dept of labour presiding officer, larry kloppenborg, explained that the inquiry took such a long time to complete due to the complex nature of the case. vke and concor appointed 9 experts between them and the department of labour appointed another 2. the application for a high court interdict to halt the investigation brought by vke in late 1999 also slowed down the process .
the tribunal had a residual concern in relation to the market for underground mining. the commission, without making a final determination, had identified several possible narrower functional product markets in underground mining viz. design and planning, shaft sinking, mine development and extraction of ore. the merging parties argued that while both of them were involved in the broader underground mining market, they focussed on different aspects of the market, suggesting that there was no overlap in their activities. mr trevor robinson (concor) and mr henry laas (m & r cementation) submitted that no competition concerns arose in this market because m & r tended to work more in the capital expenditure aspects of the market and concor tended to focus on the working costs aspects of underground mining. 84
concor employs over 3 000 employees, the majority of whom are based on project sites. we embrace holistic development and support for employees with the aim of being a first - choice employer within our sectors. appropriate skills development, talent management, employee recognition and wellness programmes are in place to promote high functioning, motivated teams and a committed workforce that will assist the group in achieving its strategic objectives .
vke brought three applications in the high court during this period. the attitude of vke throughout the inquiry and until the final court application during november 2000, namely that it was entitled as of right to be granted sufficient time to study the expert reports of the other interested party, concor, before it was obliged to submit its own reports and to give evidence. the source of this alleged right has never been provided to the inquiry and of course no such right existed .
the matter of criminal proceedings against vke and concor, or their employees, will now be decided by the director of public prosecutions, whose final report is expected in june 2002. a person is negligent where he / she undertakes an activity for which expert knowledge is required while such person knows, or should reasonably know, that he lacks the requisite expert knowledge, and should therefore not undertake the activity in question (or should not do so without outside expert advice) .
by gaining an understanding of the future potential of the construction economies of developing economies and how each of the businesses in murray & roberts could access this potential, the group was able to strengthen the core elements of its business that offered the greatest future growth prospects and invest in sectors and geographic areas that offered future potential. non - core assets were sold, including unitrans, and this released capital for significant strategic acquisitions, the most notable of which were the cementation group, clough and concor .
in this context it must be remembered that, although the design of the temporary bearings formed part of the temporary works, the slide path was contained in the bridge deck, which formed part of the permanent works designed by vke. even if vke seriously believed that it was under no obligation to supervise the temporary works - which the inquiry found difficult to believe - they would therefore still have been under an obligation to satisfy themselves that the slide path chosen by them had been correctly constructed by concor. this they did not do .
( v) murray & roberts plant, (vi) murray & roberts developments, (vii) concor opencast mining (viii) dynamic concrete solutions (proprietary) limited (namibia) and (ix) the murray & roberts share in the medupi civils joint venture. lucas tseki, southern palace chief executive officer, comments: we are delighted to have concluded this transaction which sees us acquiring a strong southern african asset with vast capabilities and a proud heritage of 114 years. we intend to build upon this impressive track record to the benefit of all of our key stakeholders. “
in support of its contention that there were only three players in the toll road operations market, mr ali testified that only the three companies identified had actually bid for ctrom contracts and had been awarded these. 26 these are listed as tolcon (m & r), concor and intertoll (group 5). it argues that the basil read / bouygues (brb) joint venture, which had been awarded the n17 ctrom contract, was not a participant in the market because it was a special purpose vehicle formed for the purposes of the n4 concession and that it had to obtain special permission from its shareholders to tender for the n17 ctrom .
3. disposal consideration and value of the net assets (and profits attributable thereto) of mrib mrl will dispose of its shares in and claims against concor to firefly investments for an aggregate disposal consideration of r314 million (which consideration is calculated with reference to the net asset value (‘nav’) of mrib as at the closing date of the transaction), to be settled in cash on the closing date, which is expected to be the last business day of the month in which all conditions precedent to the transaction are fulfilled or waived (as applicable). the nav of mrib at 30 june 2016, prior to transaction related adjustments, was r231 million and the loss after tax attributable to the net assets of mrib for the year ended 30 june 2016 was r18 million. mrl will however, procure
concor’s incorrect pad feeding during the launch (a contributory factor to the collapse) was solely attributable to a lack of adequate supervision of the activities of the pad feeders by suitably qualified persons. the evidence in this regard was that it was explained to the pad feeders before the first launch how the pads had to be fed. on the day of the collapse, even the more “experienced” pad feeders were unskilled labourers. nevertheless, it was left to them to explain to the other pad feeders, some of whom were only employed for the first time that day, how to feed the pads and to supervise them. having regard to the importance of correct pad feeding, this was wholly unsatisfactory. to entrust such an important task to unskilled labourers who had absolutely no appreciation of the importance of performing their tasks strictly in accordance with their instructions and to then assume that they would comply with those instructions without any real supervision, is unacceptable and in fact amounts to negligence .
what sanral seems to be saying is that the basis for distinction was the size of the margin that the operator made. firms made a lower margin in the ctrom (government - sponsored) market than those in the concession (privately - sponsored) market. therefore, the market could be segmented on the basis of low and high margins and only three firms operated in the government - sponsored toll road operations market, viz. tolcon (m & r), concor and intertoll (group 5). 20 this merger would therefore result in the current toll road operators being reduced from three to two and this would increase the likelihood of co - ordination in the market. in addition, bidders may be less competitive because of the lack of threat of a third bidder. according to sanral, if the lowest tender were disqualified for some reason, sanral would be compelled to accept the higher tender. sanral believed that the reduced competitive environment would effectively defeat the benefits of the tender process .
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the injaka bridge in mpumalanga collapsed on 6 july 1998, causing the death of 14 people (including the designer of the bridge, ms marelize gouws) and injuring 19 others. most of them were standing on the bridge deck as it was being launched .
the bridge was a seven - span continuous structure with an overall length of 300 meters and was designed to be constructed by means of the incremental launching method. a steel nose was attached to the leading end of the first segment. its function was to reduce the cantilever moment, the corresponding shear force and bearing reactions during launching. to enable the bridge to slide on top of the supports during the launch, temporary sliding bearings were used in combination with the permanent bearings .
after 4 years of investigation, the injaka bridge collapse inquiry in terms of the provisions of section 32 of the occupational health and safety act was at last made public in mid may 2002 .
all of the above could have been avoided had normal design and project management principles been applied .
mr bischoff mentioned that cracks were a serious matter and that their sizes and positioning were indications of the degree of seriousness. he did some calculations by looking at the reinforcement within the diaphragm and believed that it was reasonably correct. he then gave the instruction that the launch be proceeded with and that the destressing be done. a reasonable contractor would not have proceeded with the launch of an undamaged deck in these circumstances, much less would a reasonable contractor have proceeded with the launch after such damage had been discovered, regardless of what the engineer may or may not have approved at that stage .
mr martin, an expert witness, mentioned that if he had seen the cracks and the problems with pad feeding, he would have been sufficiently alarmed to have moved the people off the deck on the day of the collapse. mr oosthuizen, another expert witness stated, “when one sees such a crack, you will see trouble
.
there had been many warning signs and that with experienced staff and adequate controls and alarms, the collapse of the bridge could have been prevented .
the event that triggered the collapse of the injaka bridge was a punch - through of the bottom slab of the bridge deck by one or more of the bearing pads on top of the western bearing at pier 2. once this happened, the collapse of the entire bridge was inevitable and would have followed regardless of any other defects that may have existed in any other part of the structure, including the inadequate steel nose .
the principal cause of the bearing pads and bearings punching through was the placement of the temporary bearings underneath the bottom slab of the deck, rather than in their most favourable positions, i. e. substantially under the webs of the deck section. but if the permanent works drawings were defective or unclear in this regard, one would at least expect the relevant project specification to be clear. it seems to be entirely unnecessary to expect the contractor to have to work out where to place his temporary bearings, based on inferences drawn from his interpretation of obscure clauses. it remains a mystery why the exact sizes and positions of the temporary bearings cannot be given to the contractor, if not by way of drawings, then at least by way of a clearly formulated project specification .
the inquiry commenced in january 1999 and the evidence was completed on 30 november 2001 .
there was a great deal of debate, often unnecessarily acrimonious, on the topic of each party' s responsibility for his particular contractual duty and field of expertise in the context of temporary and permanent works .
the inquiry sat for about 196 days during this three - year period and various delays were occasioned .
further delays resulted from the inability or refusal of the experts to have a meaningful pre - hearing conference to identify areas of dispute and areas of agreement .
in the context of this lack of experience, mention must again be made of the principle embodied in the maxim imperitia culpae admuneratur which, taken literally, means that ignorance or lack of skill is deemed to be negligence. this principle applies where a person undertakes an activity for which expert knowledge is required while such person knows, or should reasonably know, that he / she lacks the requisite expert knowledge and should therefore not undertake the activity in question .
adv fabricius said the root cause of the problem was inexperienced and unsupervised staff, “we are convinced that, if either of the two parties had appointed suitably qualified and experienced persons to design the permanent works and to design or review the design of the temporary works, this tragedy would not have happened. ”
it was stated that although ms gouws, had limited site experience, she was responsible for the design of the bridge, and would thus provide valuable input to the site team. it seems that she was an excellent student. she had limited experience in bridge design though, as can be expected considering that she had only obtained her bachelor degree in civil engineering in 1995. at the time of the collapse she was busy with an honours degree in structural engineering and had not yet been registered as a professional engineer .
mr burger (vke director) testified that a design review of the injaka project did not take place. dr zietsman said that this was not acceptable to him and that there should have been an audit of the bridge design .
all things considered, however, it would be unfair to lay the blame at the doors of the persons mentioned. it was not unreasonable for mr serman to entrust these matters to mr heese, even though he had not yet been involved in an incrementally launched bridge before. mr serman was entitled to accept that mr heese would act responsibly by, for example, seeking the assistance of an independent expert if required .
in vke’s case, it appears from the evidence that the design of the bridge was, for all practical purposes, entrusted to ms gouws. since ms gouws died in the collapse, she was obviously not able to give evidence and could therefore not defend herself against any allegation to the effect that her acts or omissions caused or contributed to the collapse of the bridge. for these reasons, and also because it is clear from the evidence that nothing she did, or did not do, can be said to have absolved the vke’s employees or representatives from liability. what is clear, is that ms gouws was largely left to her own devices and did not receive the support and supervision from mr bischoff that she could reasonably have expected and probably did expect. his excuse that it was caused by work pressure is, for obvious reasons, no excuse at all .
hindsight shows that it was unwise for mr rautenbach and mr burger (vke directors in charge) to appoint ms gouws as the assistant resident engineer responsible for the injaka bridge and for mr rautenbach to entrust the design of the injaka bridge to mr bischoff. mr rautenbach approved the drawings submitted to him by mr bischoff for signature without having studied them carefully, and merely on the basis of mr bischoff’s assurances that they were in order. mr burger approved the temporary works drawings without ensuring that they were in fact compatible with the design of the permanent works. however they should not, the enquiry found, be judged too harshly for this. it was not unreasonable for them to rely on the unequivocal assurances of mr bischoff that the permanent works drawings submitted to mr rautenbach for signature were in order, and that the temporary works drawings submitted to vke for checking or review could be approved .
“hindsight is not vouchsafed the common man as he picks his course through life. this must be kept constantly in mind in a case like this one, where all is so obvious now. ” - ja schutz in durr v absa bank limited and another, supra, at 453d - e :
it goes without saying that anybody who undertakes the design and construction of such a bridge should be suitably qualified and experienced to do so .
there should always be a design review, irrespective of the identity, qualifications and experience of the designer. even the most competent designers make mistakes. the consequences of those mistakes can be avoided only if another suitably qualified and experienced person checks their work .
the engineer and the contractor should accept responsibility to ensure that there is compatibility between the design of the permanent works and the contractor’s temporary works .
there should be launch procedures and competent staff from the designers and contractors present at the launch to make decisions when warning signs appear .
nobody should, for safety reasons, be allowed on top of the deck or the nose or even in the immediate vicinity of the bridge while launching takes place, apart from the construction personnel required to perform their duties on top of the bridge deck, the launching nose or in the vicinity of the bridge .
one often hears that the three most important things you can do on a project are to: keep records, keep records, and keep records. however, this will determine the cause of a crisis, but it will not prevent it .
the major lesson learnt from the injaka bridge disaster is to: check, check and recheck .
the opinions expressed in this article are not those of projectpro management services, but are extracted from the text of the injaka bridge inquiry by the department of labour .
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we take pleasure in presenting the february 2014 issue of the monthly industrial law journal preview, authored by the editors of the ilj: c cooper, a landman, c vosloo and l williams - de beer .
please note: this newsletter serves as a preview of the printed and the electronic industrial law journal. at the time of this dissemination, the full - length cases and determinations are still being prepared for publication in the industrial law journal. the material mentioned in this newsletter only becomes available to subscribers when the industrial law journal is published .
legalbrief workplace provides a concise roundup of a broad sweep of topical news coverage gleaned by our team of seasoned journalists from reputable local and international media sources. subscribers to this specialist email newsletter will enjoy access to labour - focused news summaries and analysis pieces, latest developments in labour legislation and case law, and relevant parliamentary news drawn from legalbrief policy watch. it will prove essential reading to human resource and labour relations practitioners, labour lawyers, ccma officials, bargaining councils and private arbitrators, labour academics, shop stewards and trade union officials, business leaders and line managers in both government and the private sector responsible for a hr / lr function .
the constitutional court refused the applicant in mbatha v university of zululand (at 349) leave to appeal from a judgment of the labour appeal court, in which that court found that the applicant had ceased to be an employee of the respondent university, and had been transferred to another entity by agreement with that party. the cc endorsed the lac’s finding and found that, in any event, the dispute was purely factual and raised no constitutional issues. the court did not accept the applicant’s claim that his constitutional right to dignity had been infringed when he had been transferred without his explicit consent, and found that claim to be ‘fanciful’ .
the ethekwini metropolitan municipality was not permitted to provide its own bus service, but was statutorily obliged to appoint a public transport operator to provide the service. when the appointed operator terminated its contract and ceased its operations the provincial mec appointed transnet to provide the service temporarily pending the appointment of a new operator. in transport & allied workers union of sa v transnet (pty) ltd & others (at 526) the labour court held that this did not amount to a transfer of a business as a going concern. the provision of a bus service was not a ‘business’ within the meaning of s 197 of the lra 1995, but a statutory obligation. further, the trade union had failed to show any transfer from the municipality to the first operator, or any subsequent transfer to transnet .
the ccma commissioner in dyssel and media 24 (pty) ltd (at 534) examined the distinction between the status of an employee and an independent contractor, and concluded that a street vender who was paid a commission to distribute newspapers for sale on a sunday was an independent contractor, not an employee .
after refusing to carry out a particular instruction of their employer the employee parties in mmolawa & others and tintinger t / a beginnings (at 560) were required to sign a final written warning and a new contract of employment, or leave the employer’s premises. they refused to sign, left the premises and claimed that they had been unfairly dismissed. the arbitrating commissioner found that the employer’s actions amounted to a dismissal and that as no procedure had been followed, and no reason for dismissal given, the dismissal was unfair. the employee party in solidarity on behalf of kotze and assmang iron ore (khumani mine) (at 566) was dismissed for dishonesty for misrepresenting his it qualifications in his curriculum vitae. at arbitration it became apparent that the qualifications in question had been incorrectly cited in the employer’s advertisement, and did not exist. the employee had explained in his interview the qualifications he in fact did have, and there was no evidence that he intended to mislead his employer. he was reinstated. the arbitrator in manikus and genrec engineering (pty) ltd (at 581) found that where an employee had been allowed to remain in his employment for seven months after the expiry of his fixed - term contract, his contract was deemed to have been tacitly renewed, but for an indefinite period. the subsequent termination of his employment therefore amounted to a dismissal .
in sa post office ltd v communication workers union on behalf of permanent part - time employees (at 455) the labour court had granted an order making a settlement agreement between the parties an order of court, and at the same time had referred a dispute concerning the interpretation of the agreement to the ccma. on appeal the labour appeal court held that the lc has a discretion to make such an order where the agreement is unambiguous and unequivocal, and where the defaulting party has failed to comply with it, but not where it is unclear or ambiguous. further, once made an order of court the agreement could not be referred to the ccma in terms of s 24 (8) of the lra 1995 for interpretation .
on review in cape clothing association v de kock & others (at 465) the labour court found that a clause in a collective agreement was ambiguous and required interpretation in terms of s 24 of the lra 1995. the arbitrator’s finding to the contrary was accordingly set aside. the court further found that the arbitrator’s power to interpret its terms included the power to rectify the agreement to reflect the real intention of the parties .
the labour court refused in national union of mineworkers v lonmin platinum comprising eastern platinum ltd & western platinum ltd & another (at 486) to grant the applicant trade union an urgent interim interdict to prevent the respondent employer from terminating its recognition agreement with the union after it had lost a large number of its members to a rival union, amcu, and so had lost its majority status as required by the agreement, and its representative status. num maintained that many of the revocation orders presented to the employer by amcu were defective or invalid, and that the employer had failed to apply its mind when verifying the notices. the court found that num had not acted timeously when losing members to amcu, and that it should have demanded and checked the validity of the revocation of membership notices much earlier. the matter was not urgent, and num had an alternative remedy before the ccma, to which it had referred a dispute concerning the interpretation and application of the recognition agreement .
in mahlangu and premier foods (pty) ltd (at 545), in which an employee had been dismissed for alleged dishonesty, the only evidence directly linking him to the allegations was hearsay evidence in the form of two statements made by former employees who had left the company and could not be traced. after regard to the law of evidence amendment act 45 of 1988 and relevant case law the ccma commissioner found that an arbitrator might rely on hearsay evidence which he was satisfied on proper grounds was reliable. however, he did not place reliance on the statements as the co - employees had shown themselves to be dishonest and their evidence could not be tested .
the high court in weitz v goodyear sa (pty) ltd & others (at 441), in an action in which the plaintiff claimed damages from his former employer for the loss of his earning capacity, refused to entertain the action or to establish causation. the court considered whether the plaintiff had made sufficient allegations to establish either legal or factual causation in respect of his claim, and concluded that neither could be determined at the exception stage, and must be determined after hearing evidence .
cape clothing association v de kock & others (at 465), concerned the interpretation and application of a collective agreement, which had been referred to arbitration in terms of s 24 of the lra 1995. when the employer party applied to review the award the trade union’s representative submitted her own version of events in an answering affidavit. the labour court granted the employer’s application to strike out the affidavit, finding that it sought to introduce new evidence which had not been placed before the arbitrator when the terms of the agreement were initially considered, and that this was impermissible and unfair. the court further found that the agreement was ambiguous, and that the arbitrator had power to rectify it .
‘dealing with race classifications, as is necessary under the eea, feels almost like a throwback to the grand apartheid design. if we are to achieve success as a nation, each of us has to bear in mind that wherever we are located, particularly those of us who have crossed over from the previous oppressive era into our present democratic order, it will take a continuous and earnest commitment to forging a future that is colour blind. ’
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port of ngqura, coega, port elizabeth, new port construction consisting of: eastern breakwater, 2. 7 km in length extending into algoa bay to a maximum water depth of 18 metres. a secondary western breakwater 1. 125 km in length to a water depth of 15m. five berths (initially) totalling 1, 800m of quay wall - two for containers, two for dry bulk and breakbulk cargo and one for liquid bulk cargo. jv with hochtief
port of ngqura, container terminal civil works phase ii, coega, port elizabeth, extension of the container terminal and quay walls to make provision for two more ship berths. jv with hochtief
durban harbour tunnel new service 515m tunnel underneath durban harbour entrance. jv with hochtief
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the proposed transaction involves a number of product markets both at a vertical and horizontal level. the investigation of the transaction conducted by the commission was lengthy and comprehensive .
the commission and the parties are in agreement that overlaps occur in the following areas of activity: building / construction, civil engineering, engineering (general), roads, facilities management / concessions and underground mining. 3
there is also a degree of vertical integration that occurs in that both parties supply products used in the downstream markets for building / construction, roads construction and civil engineering .
the commission identified several upstream markets in which the merging parties are active. however, an examination of the market shares of the merging parties in all the markets reveals that there are alternative suppliers and that foreclosure is not likely to result from the merger in any of the identified markets. 4 since these vertical markets raise no competition concerns we do not deal with these any further in these reasons .
the market for the provision of facilities management; and the market for the provision of underground mining services .
the market shares for the merged entity and changes in the hhi calculations in the markets for the provision of engineering (general) services, underground mining, and facilities management were notably high thereby raising prima facie competition concerns. 5
in the course of the commission’s investigation, an objection was received by the south african national roads agency limited (“sanral”) in relation to the market for the provision of facilities management .
sanral is mandated under the national roads act 1998 to develop, maintain and manage south africa' s national road network of some 16000kms. 6 sanral must also strategically plan, design, construct, operate, rehabilitate and maintain the roads. 7 as part of its mandate, sanral is responsible for the awarding of contracts for toll road concessions and toll road operations. 8 sanral’s submissions were limited to the market for toll road operations.
concor holdings ltd. is a south african construction company . it is active throughout southern africa , involved in mining , civil engineering , building and road projects . it was listed on the jse securities exchange and , for the year ended june 2005 , concor 's last year as a listed company , had an annual turnover of 1.6 billion rand . 
concor holdings ltd. is a south african construction company. it is active throughout southern africa, involved in mining, civil engineering, building and road projects. it was listed on the jse securities exchange and, for the year ended june 2005, concor's last year as a listed company, had an annual turnover of 1.6 billion rand.
concor holdings ltd. is a south african construction company. it is active throughout southern africa, involved in mining, civil engineering, building and road projects. it was listed on the jse securities exchange and, for the year ended june 2005, concor's last year as a listed company, had an annual turnover of 1.6 billion rand.