MEMBERSHIP TO CONTRACTING FIRMS IS CURRENTLY FREE OF SUBSCRIPTION
The membership criteria for ORDINARY MEMBERS is simply as follows:-
(1) the member firm will have operated in the Painting and Decorating industry for a period of at least 3 years, as a Contractor;
(2) the member firm will be able to prove having completed at least 10,000 m² (ten thousand square meters) worth of painting or decorating (through references that add up to approximately that amount);
(3) the member firm shall always be in good standing with the compensation commissioner in terms of the COID Act (Workmens Compensation) – this may be with an insurer such as FEM or the Dept of Labour directly.;
(4) the member firm shall be in good standing with the South African Revenue Services (SARS) at the original time of application;
(5) the member firm shall carry public liability cover equal to at least five percent of the member firms annual turnover or R1,000,000 (one million rand) whichever is greater;
(6) the member firm shall be a member of the Building Industry Bargaining Council, if operating in the Western-Cape (see issues for consideration). If not operating in the Western-Cape shall be encouraged to join with the Master Builders Association or the other local Bargaining Council.
(7) the member firm agrees to always uphold the PDASA’s code of ethics and conduct;
(8) the member firm agrees to use the PDA Industry Standards and guidance in terms of best practice when undertaking painting and decorating projects.
The membership criteria for ASSOCIATE MEMBERS is simply as follows:-
(1) the member firm supports the painting and decorating industry through a means other than contracting, this may include, but shall not be limited to project management, consulting, architects, manufacturers, specifiers, health and safety consultants.
(2) the member firm agree to always uphold the PDASA’s code of ethics and conduct as it applies to their area of expertise;
(3) the member firm agrees to acknowledge the PDA Industry Standards and guidance in terms of best practice.
The PDASA provides members with industry-specific tools to become better painters and business owners through participation in education programs, local networking meetings, the use of PDA Industry Standards and guidance in terms of best practice.
The support of the PDASA gives both the member firm and client peace of mind in the unlikelihood of something going wrong. The PDASA provides a clients’ advisory service with conciliation and arbitration arrangements, available to help resolve any disputes which arise between member firms and their clients relating to the standard of workmanship or other complaints against members.
REFUSAL OF MEMBERSHIP
The PDASA is very conscious of never refusing membership, should the member comply with the stated criteria. We note and adhere to the following anti-competitive legislation:-
(1) An association with legal monopoly has to accept all membership applications when being a member of said association is a condition to engage in a certain activity, such as when the membership is a requirement for a tender. It can only refuse the application when there is a legitimate motive, preferably when the candidate does not meet some clearly established criteria or code of conduct. [Reference: Cour de cassation, 1st Civil Chamber, 15 November 1994, n°1500 D, Mémento pratique Francis Lefebvre Associations et Fondations 1999-2000 § 243.]
(2) An association has to accept all membership applications when a refusal could have an anti-competitive objective or effect. Local South African legislation is very clear that “a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if it has the effect of substantially preventing, or lessening, competition in a market.” [Reference: Competition Act, 1998 (1)(a); Conseil de la concurrence, 18 May 1993, Dalloz 1997]
On these grounds, we are very careful to never refuse initial membership if the member meets the stated initial criteria.
DISQUALIFICATION OF MEMBERSHIP
The new member will be welcomed and expected to abide by the code of conduct and ethics and all standards going forward.
Disqualification will take place, should the member fall more than three months behind on their membership (payment is due on presentation of invoice), or should the business be declared insolvent or the members sequestrated or should the PDASA Governing Body find the member to be guilty of misconduct that they would deem to be serious and a breach of the code of ethics and conduct.
VOLUNTARY RESIGNATION OF MEMBERSHIP
Resignations from membership must have been received in writing by the PDASA administration any year on or before 30 September in the year of resignation. Such resignations shall date from 31 December in that year and subscription fees for that year must be paid up.