Efficacy of the construction industry legislative framework in developing countries – an Eswatini case
Authors: Hlatshwayo Thandiwe , Emuze Fidelis , Smallwood John Julian 
Published: November 2024

PurposeThe regulation of the construction industry remains a significant obstacle to economic progress in developing nations. Therefore, this study aimed to assess the efficacy of the legislative framework in the construction industry, focusing on Eswatini. The construction industry plays a critical role in the upliftment of the economy and an effective and efficient legislative framework is essential to ensure that as a developing country, Eswatini derives maximum benefits from the sector.Design/methodology/approachA phenomenological research design was used to explore stakeholders’ perceptions about the purpose of the legislative framework in the Eswatini construction industry and to establish the effectiveness of the current legislative framework in fulfilling its mandate. The data were collected using semi-structured interviews with open-ended questions. A total of 45 participants occupying different positions within the construction industry were selected using purposive sampling. The data were analysed thematically.FindingsThe results reiterate that the legislative framework’s purpose is to regulate, control and guide sectoral operations, including enforcing compliance with statutes and payment of construction levies. However, the legislative framework does not effectively fulfil its purpose of addressing stakeholder needs. Overall, the findings indicate shortcomings and inefficiencies within the framework aimed at regulating the construction industry of Eswatini. The inefficiencies have a great potential of defeating the purpose of the entire framework.Research limitations/implicationsRegarding implications for future research, the current study has set a new pathway for legislative framework analysis and evaluation. Therefore, future research on the topic can build on the current study and compare the legislative frameworks across developing countries. The purpose would be to establish the similarities and differences, and to identify strengths and weaknesses, possibly leading to established principles of what works in a given context. Other studies on the topic could focus on benchmarking against developed countries on how they measure the efficacy of the legislative framework within their constriction industry.Practical implicationsBased on the preceding, these findings may apply to similar developing countries at a similar stage of construction industry development. However, the findings should be considered within the limitations of the study. The focus was on developing countries, particularly the Eswatini context. Each country presents a unique context and challenges, so the findings should be cautiously generalized.Originality/valueWhile other studies in different contexts focus on developing legislative frameworks, the current study evaluated an existing legislative framework using defined criteria. The current study made a unique contribution by streamlining the features of effective and ineffective legislative frameworks. Hitherto, such information was scattered in literature but has been consolidated and applied empirically. Thus, the study has set benchmarks for analysing and evaluating legislative frameworks in developing countries.