Zikhulise Cleaning Maintenance & Transport CC v The Chairman of the Investigating Committee of the Construction Industry Development Board and Others

The appellant, a registered contractor under the Construction Industry Development Board Act 38 of 2000, was served with a notice by the CIDB in April 2013 informing it that a formal inquiry would be held under regulation 29 into 20 charges allegedly showing contraventions of the Act, the Regulations, or the CIDB Code of Conduct. The charges mainly concerned the alleged submission of false or inaccurate tax clearance certificates, financial statements, professional qualifications, and failure to disclose criminal convictions in dealings with the CIDB, with the final three charges relating to non‑disclosure in procurement questionnaires submitted to the KwaZulu‑Natal Department of Public Works. An investigating committee refused to dismiss the charges despite objections that they did not disclose breaches of the Code and that the prescribed investigatory procedures had not been followed. The High Court dismissed the appellant’s review application. The appellant appealed to the Supreme Court of Appeal.

The appeal succeeded with costs, including the costs of two counsel. The order of the High Court was set aside and replaced with an order upholding the review application and setting aside the investigating committee’s order of 24 July 2014. All charges against the appellant were dismissed.

The judgment clarifies the limited scope of the CIDB Code of Conduct and confirms that inquiries under regulation 29 may only address conduct occurring within construction procurement processes. It further affirms that strict compliance with the investigatory procedures prescribed by regulation 28 is a jurisdictional prerequisite for a valid inquiry, reinforcing legality and procedural fairness in administrative enforcement under the CIDB framework.