Quantity Surveying Profession Act

1 December 2000 II is hereby aotit’ied that the President h~s assented to ih~ tor gener,l~ is hereby publisht!ci follow, ng Act which in fOimli Nion:-- . —.—— T--JO 218?4 Act No. 49, 2000 Q~,!ANTI1’ I’ S! lR’#E) iN(i I>f<l)P’i~sS]ON ,i.~T. ?(xJ~ G()’.’CNMEN TNT (; AZETTE., I DECEMBER 20(KI ———— . .. ____ _—_. _-—.. (Engli.rhll\-: \i;;17:’d l;jf/7~’I’lc.Yidellf.) (As.se// /cd f,; 26 No ,wmh,JJ 2000. ) —..———.—-..—.———. ACT To provide for the establishment of a juristic person to be known as the South African Council for the Quantity Surveying Profession; to provide for the registration of professionals, candidates and specified categories in the quantity surveying profession; to provide for the regulation of the relationship between the South African Council for the Quantity Surveying Profession and the Council for the Built Environment; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa as follows:— Definitions

1. In this Act, unless the context otherwise indicates –(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) {xv) “accredit” means the process of evaluation and recognition by the council of education programmed offered by educational institutions relating to the quantity surveying profession, and ‘<accreditation” has a corresponding meaning; “actively practise” means to practise on an ongoing basis in one of the categories contemplated in section 18, and includes a person qualified in the quantity surveying profession employed by any sphere of government or an educational institution; “candidate” means a person who is registered in terms of section 19(2)(b); l’CBE” means the Council for the Built Environment established by section 2 of the Council for the Built Environment Act, 2000; “committee” means a committee established in terms of section 17; “council” means the South African Council for the Quantity Surveying Profession established by section 2; “department” means the national department responsible for public works; “disciplinary tribunal” means a tribunal appointed in terms of section 30; “Minister” means the Minister responsible for public works; “prescribe” means prescribed by a rule made by the council under section 36, and “prescribed” has a corresponding meaning; “professional” means a person who is registered in terms of section 19(2)(a); “registered person” means a person registered under one of the categories referred to in section 18; “registrar” means the person appointed as registrar under section 8(1)(a); “registration” means the process —- (a) of assessment of competency of applicants for the purpose of registration under this Act; and (b) of entering the names of the applicants who qualify into the register referred to in section 11(c); “role” means a rule made and in force under this Act; 5 10 15 20 25 30 Act so. 49.2000 Q[’A>:TT’(’}’ sl, RI’[ } IY(; PROFESSION” ,l(-T. .?000” (\\i) (x\ii\ s~his ,Act” incllldes ,in> nc}ticc, Lmder or mle issue~i or made under this Act: and “\’olLlntary as$ociatioil’” rIIMns any ‘ o] L[lltX\, WSOC; ation re~[~~lli$%d h~ the cuuncil in tmns of sec~ion 25. Establishment of South .4 frican Council for the Quantity Surveying Profession 5

2. There is hereby established a juristic person to be known as the South African Council for the Quantity Surveying Profession Composition of council 3. ( 1 ) The council consists of the following members, appointed by the Minister. the principles of transparency and taking into account. among other things. representivity— ““ (a) ‘ nme reglsterect persons, excluding candidates, of whom at least three must actively practise in the quantity surveying profession— (i) who must be nominated by the voluntary associations and any registered person; and (ii) who must represent the categories of registered persons contemplated in section 18. in [he prescribed manner; (b) (c) (d) two professionals, who are professors or lecturers in quantity surveying at an accredited educational institution nominated by the educational institutions, voluntary associations or registered persons; three professionals in the service of the State nominated by any sphere of government. of whom at least one must be nominated by the department; and three members of the public nominated through an open process of public participation. (2) A maximum of a third of the members of the South African Council for Quantity Surveyors, established in terms of the Quantity Surveyors’ Act, 1970 (Act No. 36 of 1970), who are nominated by that council bearing in mind the composition of the council determined in subsection (1), remain in office for the first term of the council. Nomination procedure 4. (1) When any nomination in terms of section 3(1)(a), (b) or (c) becomes necessary, the council must invite registered persons, the voluntary associations, educational institutions and the State, respectively, in the prescribed manner, to nominate within a period of at least 60 days from the date of the invitation, persons who qualify for nomination in terms of subsection (l)(a), (b) or (c), respectively. (2) When any nomination in terms of section 3(1)(d) becomes necessary, the council lmust invite the public, by notice in the Ga:etfe and any newspaper the council considers necessary, but at least in a leading newspaper in each province, to nominate persons, in the prescribed manner, within a period of at least 60 days from the date of the notice. (3) On receipt of any nomination, the council must, within 30 days from the expiry date specified in tbe invitation or the notice, make and submit its recommendations to the Minister. (4) The Minister must. within 60 days from the date of the receipt of the nominations from the outgoing council, appoint the members of the council. (5) If the council receives no or insufficient nominations within the period specified in the invitation or the notice, the Minister may. after consultation with the council, appoint the required number of persons who qualify to be appointed in terms of this Act. (6) The Minister must, as soon as practicable after the appointment of the members of the council, by notice in the Ga:effe, publish— (a) the name of every person appointed as a member; (b) the date from which the appointment takes effect; and (c) the period for which the appointment is made. 10 15 ~o 25 30 35 40 45 50 Term of office of’ members of couocil 5. (1) The term of office foI members ot’ the council is four years, but members 5 contin LIe in off]ce untii the succeeding council is dtriy constituted. (2) Subject to section 42(11~. a member ofthe council may not serve forrnoretban two consecutive terms of office. (3) Despile subsection (1). the Minis[er MO>’. by n o t i c e i n t h e Gc/:erte, after coi~su]totion widl the council. e>, tend tile period of office of all the members of the 10 courrcil for a period of six months. but hi: or she may only extend the period of offtce twice. (4) Despite subsection (1). the ,Minis(er may. by notice in the Ga:erre, after consultation with the council. termin~te the period of office of a member or all the members of the council 15 (5) The Minister mayonlyacrin terms of subsection (4) if anew mernberor anew council has been appointed. on nominations invited by the N4inister in the manner provided for in section 4. to take over the functions of the member or the council conce[ned. Disqualification from membership of council and vacation of ofllce ~~ 6. ( 1 ) A person may not be appointed as a member of the council if that person–- (a) (b) (Cj (d) (e) (fl i; not a South African ~itizen and ordinarily resident in the Republic; is an unrehabilitated insolvent: has been convicted of an offence m the Republic, other than an offence commi[ted prior to 27 April 1994 associated with political objectives, and was 25 sentenced to imprisonment without an option of a fine, or, in the case of frmrd, to a fine or imprisonment or both; subject to subsection (3). has been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; has, as a result of improper conduct, been removed from an office of trust; or has in terms of this Act been found guilty by a disciplinary tribunal or the council of improper conduct. 30 I (2) A member of the council must vacate his or her office if he or she— “(cr) (b) (c) (d) (e) (f) (g) (/7) becomes disqualified in terms of subsection ( 1 ) from being appointed as a 35 member of the council: resigns by written notice addressed to the registrar; is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973); has. without the lea~e of the council, been absent from more than two 40 consecutive meetings of the council; was appointed in terms of section 3(1 )(a) and after that appointment a change in his or her circumstances arises that affects the ratio of the membership referred to in section 3( l); was appoln[ed in tem~s of sec[ion 3(1 )(/7) and ceases to be employed by an 45 accredited educational institution; WM appointed in te!ms of section 3(1)(c) and ceases to be employed by the State: or ceases to be permanently resident in the Republic. (3) For the purposes of subsection (1 )(d), the Min(ster must take cognizance of the 50 prevailing circumstances in a foreign country relating to a conviction. (4) (n) If a member of the council dies or vacates his or her office before the expiration of his or her term of office, the Minister rna:y, after consultation with the council and subject to section 5(1), appoint a person 10 fill die vacancy fc,r the unexpired portion of the period for which that member was appointed. (b) If the Minister appoints a person to fill the vacant seat, the appointment must be .55 made within 60 days from the date on which the vacancy occurred. h No 218?4 GIO~ERhT~E\’T GAZETTE. 1 DECEMBER 2000 ,4ct No. 49.2000 Q{ ‘A.NTIl Y“ S1 RVF;Y:NCi PkOFESSION ACT. 2(KKI E1ection of president and vice-president of council 7. (,1) (u) The members of the council must, at the first meeting of every newly constituted council elect a president and vice-president who must be registered persons and at least one must actively practise in the quantity surveying profession. (b) The president and vice-president hold office for a period of four years from the 5 date of their appointment, (2) The vice-president must, if the president is for any reason unable to act as president, pe~forrn all the functions and may e~ercise all the powers of the president. (3) (a) If both the president and the vice-president are for any reason unable to preside at a council meeting, the members present must elect a person to preside at that meeting. (b) The person elected may, during that meeting and until the president or vice-president resumes his or her functions, perform all the functions and exercise all the powers of the president. Appointment of registrar and other staff members of council 8. (1) The council— 10 15 (a) must appoint a registrar; and (b) may employ such other staff members as it may deem necessary for carrying out its functions, on such conditions, including the payment of remuneration and allowances, as it may determine, and may dismiss any person so appointed. 20 (2) The registrw must enter into a performance agreement, as prescribed, with the counciI on acceptance of his or her appointment. (3) The registrar must perform, in addition to such functions as may otherwise be assigned to him or her by or under this Act, such functions as may from time to time be assi,gned to him or her by the council. 25 Decisions of council 9. (1) A decision of the majority of the members of the council present at any meeting constitutes a decision of the council. (2) In the event of an equality of votes the person presiding at the meeting has a casting vote in addition to his or her deliberative vote. (3) If the requisite majority of the members who are entitled to sit as members at a meeting of the council, make a decision or authorise an act at that meeting, the decision made or act performed under that authorisation, is valid despite the fact that at that meeting a member who had become disqualified in terms of section 6(2) but had not vacated his or her office, sat as a member. Administrative powers of council

10. The council may— (a) (b) (c) (d) (e) determine the remuneration and allowances payable to its members or the members of any committee of the council after consultation with the CBE; arrange for the payment of pension and other benefits to any staff of the council or the registrar and to his or her dependants on the termination of the service of that staff member or the registrar; determine where its head office must be situated; determine the manner in which meetings of the council or any committee of tbe council must be convened, the procedure and quomm at such meetings and the manner in which the minutes of such meetings must be kept; and print, circulate, sell and administer the publication of, and generally take any steps necessary to publish, any publication relating to the quantity surveying profession and related I?IatteIS. 30 35 40 45 Pow em of council ~vit!l regard to re~isrration

11. Tttt ~l)u.il~il ma!’. subjcc[ m this Act- (n) consider and decide on anv applica~ion for registration: ! I}) prescribe the period of l:~!_idit~ of iile reg~stration of a registered person: (f) krcp a register of registered p~rscrt,, and decide oJ)— [i) the f’ornl of certitic, ~[es and the re:ister to be kept: (ii) the Inaintenanc’e of the registel or issuing of certificates: and (ii]) the re~ie~ving of the register tied [he manner in which alterations thereto may be eil’ected. Powers of’ council with regard to fees and charges 12. ( I ) The council may. with regard 10 fees and charges, which are payable to the coancil, determine- ([/) application fees: (b) registration fees; (() znnual fees. or pcrtion thereof. in respect of a part of a year: {d) the date on which any fee or charge is payable; (e) the fees. or portion thereof, pay~ble in respect of any examination refereed to in section 19, conducted by or on behalf of the council; (f) any charge payable for the purposes of the education fund referred to in section 15(5 ): (g) fees payable for a service referred to in section 14(c); (h) the fees payable for an appeal in terms of section 24(1): or (i) any other fee or charge it considers necessary. (2) The council may grant exeinption from payment of application fees. registration fees, annual fees, charges, or a portion thereof referred to in subsection 1 ). Powers of council with regard to education in quantity surveying 10 15 20 25

13. The council may— (u) subject to sections 5 and 7 of the Higher Education Act, 1997 (Act No. 101 of 1997), conduct accreditation visits [o any educational institution which has a department, school or faculty of quantity surveying, but must conduct at least 30 one such visit during its term of office. If the council does not conduct an accreditation visit within that term of office, it must notify the Minister accordingly and provide him or her with reasons for the failure to do so; (b) either conditionally or unconditionally grant, refuse or withdraw accreditation with regard to all educational institutions and its educational programmed 35 with regard to quantity smwying; (c) consult with the Counc]l on Higher Education established in terms of the Higher Education Act, 1997, regarding matters relevant to education in quantity surveying; (d) consult with the South African Qualifications Authority established by the 40 South African Qualifications Authority Act, 1995 (Act No. 58 of 1995). or any body established by it and the voiuntary associations, to determine conlpe- tency standards for [he purpose of registration; (e) establlsh mechanisms for registered persons to gain recognition of their qualifications and professional status in other countries; -{5 (,f) liaise with the relevant National Standards Body established in terms of Chapter 3 of the regulations trnder the South African Qualifications Authority Act, 1995, with a view to the establishment of a standards generating body in terms of those regulations: (g) recognise or withdraw the recognition of any examination contemplated in 50 section 19; (/?) en[er intu an agreement with any person or body of persons, within or outside the Republic, with regard to the recognition of any examination or qualification for !he purposes of this .Act; !? \(J 21s21 ~,oy[,~~~,~~<T ~,,~~~-l~E, I L)F;C’EML3E.R :!()(}() ——..——.————_ ..— .- —..——— . . . . . . . .———— ——..— —.. . . . ..--.— .—. .— .— ., Act No. 49, Zom) QL.ANTITY S( JRVEYIPiG PROFESSION ACT. 2(KXl (i) (j) (k) gile advice or render a s s i s t a n c e to any educ.ltiona] irrstitu!ion. voluntar~ association or examining body with regard [c] educational facilities for :md the [raimng and education of registered persorls and prospective registered persons; conduct any examination for the purposes of section 19; and determine, after consultat~on with the voluntary associations and registered persons, conditions relating to and the natu~e and extent of col~tinuing education and training. General powers of council 14. ‘The council may, in addition to other powers in this Act—- ((1) (1?) (c) (d) (e) (f) (g) (h) (i) acquire, hire, maintain, let, sell or otherwise dispose of movable or immovable property for the effective pcrformarrce and exercise of its functions, dutirs or powers; decide upon the manner in which contracts must be entered into on behalf of the council; perform any service within its competence if it is requested by any person or body of persons, including the State: determine, subject to section 25, the requirements with which a voluntary association must comply to qualify for recognition by the council, advise the Minister, any other Minister or the CBE on any matter relating to the quantity surveying profession; encourage and itself undertake research into matters relating to the quantity surveying profession; take any steps it considers necessary for the protection of the public in their dealings with reg~stered persons, for the maintenance of the integrity, and the enhancement of the status of the quantity surveying profession; take any steps it considers necessary for the improvement of the standards of services rendered by registered persons; and take any measures it considers necessary for the proper performance and exercise of its functions, duties or powers or to achieve-the ‘objectives of this Act. Funds of council and keeping and auditing of accounts 15. (1) The funds of the council consist of any money received in terms of this Act and all other monies which may accrue to the council from any other legal source, including fines and penalties imposed by the council. (’?) The Courlcil ma~_ ‘(a) (b) (c) (d.) collect and invest funds of the council; raise money by way of loan for the purpose of effectively performing its functions; with a view to the promotion of any matter relating to the quantity surveying profession, lend money against such security as the council considers adequate; and mortgage any of its immovable property as security for a loan referred to in paragraph (b). (3) The council may remunerate its members and committee members from its funds. (4) The council may finance any publication referred to in section 10(e). (5) The council m~j establish and administer an education fund for the education, training and continuing education and training of registe~ed persons and students in the quantity surveying profession. ,, 5 10 15 20 25 35 40 45 (6) The council must keep full and correct account of all monies received and W expended by it. I ( 7 ) ((/) ‘~h~ CLILl13Cli lllu\t iilHILl:li[}’ PR’PLII”[: u s! XIClli~ll[ l:lt l!lCOlllC dild t’.XIWlldlf Ll~~ LLlld :) billd]”li ~ Sll Ct’i Sh(:\\l Og Iti finan~.ltil }>()’. i[l()il 0!, h ( (11C close of [he !inanci~! vcar [~~ w hich it rcl..tles. (h) The cx,oncil MLISI ha\ e [k ~tarcfnent and h:d:ince shee( audited by an auditor legi<tered in terms 01’ the Public .Accountwlts’ and Auditors- Act. 1991 (A~i No. R() of !991). (,.; A mp:y of ~he uudi[ed ~tatemen[ and balance shtet mlust be open for lt~specticri at 5 the otiicts of the ccmncil. (8) The councii must. Jl ithin si\ months from the close of efich finwlcia! year or such other period as ma~i be a~reecl to bv the Minister tifter a request by the council, submit 10 tile audited statement and balance sheet to the Minister and must provide a copy to the CBE. (p) T]le hlinls[er M;iy. U,l[h [he concumenc~ Of the hlinister of Fii]ance— (u) advance or grant to the council. out of money appropriated by Parliament. ~uch amounts as he or shc considers necessary in order to enable the council 15 lo carry out its functions; and (b) determine the conditions to and repayment of the ad~ance. ( 10) The council must determine its financial year. (11 ) The council must apply due care and diligence when investing any money c~r incurring any expenditure from the funds of the council. 20 Reports to CBE 16. ( 1 ) The council must, within six months from the close of each financld year, provide the CBE with a report regarding its activities during that financial year, for ttie purpose of section 4 of the Council for the Built Environment Act, 2000. (2) A copy of the report and the register referred to in section 1 i(c) must be open for 25 inspection at the oflces of the council. (3,) The council must, on request by the CJ3E, provide the CBE with any information regarding a registered person. Committees of council 17. (1) (a) The council may establish any committee, including an investigating 30 committee, to assist it in the performance of its functions and may appoint any person as a member of that committee. (b) If die council does not designate a chairperson for a committee, the comrnit!ee may, at its first meeting, elect a chairperson from among its members. (’c) The council may at any time dissolve or reconstitute a committee. (~) section 9 may, with the necessary changes, app]y rn respect of a committee of tne 35 council. Categories of registration 18. ( 1 ) The categories in which a person may register in the quantity surveYing profession are--- ((z J Professional Quantity Sur\eyor; (b) Candidate Quantity Sur~eyor; or (c) specified categories prescribed by the council. (~) A person may not practise in any of t]~e categories contemplated in subsection ( 1), unless he br she is registered in thnt category. (3) A person who is registered in the category of candidate must peiform work in the quaniity surveying professirm only undel the supervision and control of a professional of a category as prescribed. 40 45 Registration 19. ( 1 ) (a) A person mLLst apply )n the prescribed a.pphcation form, to the council fof 50 ‘3 reoistrati oil in a category referred to in section 18( 1 ). (h) ‘f’he application form referred In in paragaph ((r) must be accornpanie{i by the prescribed fee, ) ~ 7 The c~unci~ n~ust regi~[er lhs ~pplic:lllt in [he rclm’an( cXCgOr~ a n d ISSU: 2 \- rcgistratim certificate to the su,ccesst’u) applicant in the prescribed form if, ai’t.er consideration @f an application, the council is sa[isfied that the applicar: ?-— (a) in the case of a person applying for registration as a professional-— (i) has demonstrated his or her competence as measured against standards determined by [he counci! for the rele!ant category of registration; and (ii) has passed any additional examinations that may be determined by the council: (b) in the case of a person applying for registration as a candidate or a candidate in a specified category, has satisfied the relevant edt]cational o~tcomcs determined by the council for this purpose. by— (i) having passed accredited or recognised examinations at any educational institution offering educational programmed in quantity surveying; and (ii) having passed any other examination that may be determined by lhe council; or (iii) presenting evidence of prior learning in quantity surveying. (3) (a) Despite subsection (2). the ccuncil may refuse to register an applicant--– ~ 10 15 (i) (ii) (iii) (iv) (v) (vi) if the applicant has been removed from an office of trust on account of 20 improper conduct: has been convicted of an offence in the Republic, other than an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; if the applicant has, subject to paragraph (b), been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in t!le case of fraud, to a fine or imprisonment or both; if the applicant is declared by the I+gh Court to be of unsound mind or mentally disordered, or is detained under the Mental Health Act, 1973; for as long as the applicant is disqualified from registration as a result of any punishment imposed on him or her under this Act; if the applicant is an unrehabilitated insolvent whose insolvency was caused by his o; her negligence or incompetence in performing work falling within the scope of the category in respect of which he or she is applying for 35 registration. 30 25 (b) For the purposes of paragraph (a)(iii), the council must take cognizance of the prevailing circumstances in a foreign country relating to a conviction. (c) The council must provide the applicant with a notice of a refusal referred to m paragraph (a). (4) For the prirposes of this section “prior learning” means the previous learning and experience of a learner, howsoever obtained, against the learning outcomes required for a specified qualification and the acceptance for the purposes of qualification of that which meets those requirements. Cancellation of registration 40 45 20. (1 (i) (ii) (iii) (a) The council may cancel the registration of a registered person if he or she-– becomes disqualified from registration is contemplated in section 19(3); has erroneoilsly been registered. or has been registered on infonnatiori subsequently proved to be false; or fails to pay the prescribed anniial fee or portion thereof, within 60 days after 50 it becoming due or within such further period as the council may, allow, either before or from expiry of the 60 days. (b) The council must provide the registered person with a notice of a cancellation referred to in paragraph (a) I \(} :IS2J Is . — . — — —. ——. (;()[ t; RYMLNl G .\7.:-:TTE. I DECE}TBF, R ?()()() ,fct No. 49. i(m) Q[ .iNTIT }’ S{ ‘R\ EYIN(”j iJR01’15Sio N .l(”l-. 200(J” (2) If a pawn who is regiitemf as :1 caldid:lte qualifies to k registered a’, a pt-{]fkssion~l in [ems of section 1 ?( ?)f[~), t13e council IIIUS[ cancel his (w k registration w o cmciid:lte. (3) The council Inas[ al the written reques[ of any registered pawn C2nCd his or k’f” registration. but whew an in~estiya(ion into alleged improper conduct by that person is 5 in progress or is to be held. the registration may not be cancel led until the investigation has been concluded. (4) Despite the cancellation of the registration of a registered person in terms of this seclion. [hat person remains liable for any fee, arrears or penalty imposed by the council for the period that he or she was registered. 10 Authorised titles 21, (I) A person who is registered in any of the categories referred to in section 18(1) may describe himself or herself and use the ti[le-– (~~) Professional Quantity Surveyor; or (b) Candidate Quantity Surveyor. (2) A registered person may use a title prescribed by the council for the specified category. (3) The council may determine abbreviations or acronyms for the titles referred to in subsection ( 1). Renewal of registration 15 Z() 22. ( 1 ) A registered person must, at least three months prior to the prescribed expiry date of his or her registration, apply in the prescribed manner to the council for the renewal of his or her registration. (2) The council may determine conditions for the renewal of registration. (3) Subject to section 19, the council must, on application, register a person who was 25 previously registered and whose registration was cancelled in terms of section 20 ( 1 )(a)(iii), if he or she has paid— (a) the prescribed fee; (b) any arrear annual fee or portion thereofi (c) any expenses incurred by the council in connection with the recovery of any 30 arrear fees: and (d) any penalties imposed on him or her by the council. Return of registration certificate

23. Any person whose registration has been cancelled in terms of this Act, must return his or her registration certificate to the registrar within 30 days from the date on which 35 = he or she is directed by the registrar in writing to do so. Grievance procedure in relation to registration 24. ( 1 ) If an applicant is of the opinion that a committee, in its refusal to register him or her, or to cancel his or her registmtion. other than a cancellation in terms of section 20( 1 )(u)(iii) or 32(3) (a)(iv), did not comply with section 33 of the Constitution, that 40 applicant may, on payment of the prescribed fees and within 30 days from the date on which the refusal or cancellation came to his or her knowledge, appeal to the council against that decision. (2) The council must, at its first ensuing meeting, within 60 days from the date of the receipt of the appeal. decide on the appeal and provide the appellant with reasons for its 45 decision. (3) If an appeal is lodged against a refusal of a commi[tee to renew the registration of a registered person, the registration of that person may not be cancelled until the appeal has been decided. Recognition of voluntary associations 50 25. (1) The council must, within 90 days from the date of its first meeting, submit the framework for the requirements for recognition of a voluntary association to the CBE for approval. — _—. ,ia A’(). 49, M) ————. . .—--—.—.. ..—— <)1 ,Ay:-]-ry SL”W.’E>”IK(; !) ROF!:SSICJ”Q AC’i. 20(U) (2) Any \oluntary association my apply to the council to be recognwed as such. (3) The council may. if the voluntwy association cornplics v.i(h the requirements determined in terms of section 14~ d), recognise th:d assclciatiun and issue it with a certificate of recognition. (4) A certificate of recognition is }alid for a pericxi of tive years from the date of issue. (5) A voluntary association must display its certificate of recognition in a prominent place at its head office. (6.) The recognition of a voluntary association lapses— (u) if that association no longer complies with the requirements contemplated in section 14(d): or (b) at the expiry of the five-year period referred to in subsection (4). (7) A voluntary association must, at least three months prior to the expiry of its recognition, apply in the prescribed manner to the council for the renewal thereof. (8) A voluntary association whose recognition has lapsed must, within 30 days from the date on which it is so directed in writing by the council, return its certificate of recognition. Identification of work 26. (1) ‘The council must consult with–- (a) all voluntary associations: (tJ) any person; (c) any body; or (d) any industry, that may be affected by any laws regulating the built environment professions regarding the identification of the type of quantity surveying work which may be performed by persons registered in any of the categories referred to in section 18, including work which may fall within the scope of any other profession regulated by the professions’ Acts referred to in the Council for the Built Environment Act, 2000. (2) After the process of consultation the council must submit recommendations to the CBE regarding the work identified in terms of subsection (1), for its consideration and identification in terms of section 20 of the Council for the Built Environment Act, 2000. (3) A person who is not registered in terms of this Act, may not— (a) perform any kind of work identified for any category of registered persons; (b) pretend to be, or in any manner hold or allow himself or herself to beheld out as a person registered in terms of this Act; ,5 10 15 20 25 30 (c) use the name of any registered person or any name or title referred to in 35 section 18 or 21; or (d) perform any act indicating, or calculated to lead persons to believe, that he or she is registered in terms of this Act. (4) Subsection (3)(a) may not be construed as prohibiting any person from performing work identified in terms of this section, if such work is performed in the service of or by order of and under the direction, controI, supervision of or in association with a registered person entitled to perform the work identified and who must assume responsibility for any work so performed. 40 Professional conduct 27. (1) The council must, in consultation with the CBE, voluntary associations and 45 registered persons, draw up a code of conduct for registered persons. (2) (a) The council is responsible for administering the code of conduct and must ensure that the code is available to all members of the public at all reasonable times. (b) The council must provide the CBE with a copy of the code of conduct. (3) All registered persons must comply with the code of conduct and failure to do so 50 constitutes improper condu’ct. . . “. I 3 -- \{) ?1s:4 ——— (-i[; \”FR\”\[f.NT G.\2’FT-l’l-.. I llECE3\lBlR ?()()() .ict No. 49.2000 Q[’,4XT11}’ S(IRVE}”IN(; PROl:I.SSlo\ .\Cl”, 2000 ln~estigation of charge of improper conduct

28. Ll) The council must refer any matter hrought ayinst :1 regis~ered person 10 an investigatin gcomrnittee contemplated in section 17 if-— ((z) the council has reasonable grounds to suspec[ that a registered person has committed an act which mayrellder hitllor iler~uiity ofimpl-oper cond L!ct; oI" ~ (b) a complaint, charge or allegation of ilnpmper conduct has been brought against aregistered person by any person. (2) At the request of the council. the investigating committee mus[— (a) investigate the matter; and (6) obtain evidence to determine whether or not in its opinion the registered 10 person concerned may be charged and. if so. recommend to the council the charge or charges that may be prefemed against that registered person. (3) An investigating committee may not question the registered person concerned unless the investigating committee informs that registered person that he or shc— (a) has the right to be assisted or represented by another person; and (b) is not obliged to make any statement and that any statement so made may be used in evidence against the registered person. (4) The investigating committee must, after the conclusion of the investigation, submit a report making its recommendations to the council regarding any matter referred to it in terms of this section. Charge of improper conduct 29. (1) The council must, after considering a report of the investigating committee in terms of section 28(2)(b) and (4), charge a registered person with improper conduct if the council is convinced that sufficient grounds exist for a charge to be preferred against such a registered person. (2) The council must furnish a charge sheet to the registered person concerned by hand or registered mail. (3) A charge sheet must inform the registered person charged— (a) of the details and nature of the charge; (b) that he or she must, in writing. admit or deny the charge; (c) that he or she may, together with the admission or denial, submit a written explanation regarding the improper conduct with which he or she is charged; and (d) of the period, which must be reasonable, within which his or her plea in terms of paragraph (b) must be submitted to the council. !5 20 15 30 35 (4) (a) If a registered person charged admits that he or she is guilty of the charge, he or she is considered to have been found guilty of improper conduct as charged, after he or she has explained his or her conduct. (b) The council may, subject to section 32(2), impose a penalty contemplated in section 32(3)(a) or (b). on a registered person who has admitted guilt in terms of 40 paragraph (a). (5) The acquittal or the conviction of a registered person by a court of law on a criminal charge is not a bar to proceedings against him or her under this Act on a charge of improper conduct, even if the facts stated in the charge of improper conduct would. if proved, constitute the offence stated in the criminal charge on which he or she was 45 acquitted or convicted or any other offence of which he or she might have been acquitted or convicted at his or her trial on the criminal charge. Appointment of disciplinary tribunal 30. (1) The council must appoint a disciplinary tribunal to hear a. charge of improper conduct if a person charged— (a) denies the charge; or (b) fails to comply with section 29(3)(b). (2) The disciplinary tribunal must consist of at least–- 50 24 ———. ..—.— N(). 21s24 /\ct x{). ‘W, 2(W) — (;(~\’ERNVJkNT C=<\ ZETTF.. I DECEMBF:K 20(K) — — - . —— QL’,%NTITY S:’ RVEYING PRL>[’ESSIGN .4 CT. 201X) (u) aperson whospecialise$ inth,:prc>fessior] ~lfield ctJ(~ccrllillg [recharge: (b) aprofessional !ihohasa l>propriatee xperiellce::l~ld (c) apersonqualifie dinlai} andwhohas appropriate experience. Disciplinary hearing 31. (I) The disciplinary hearing must be conducted by the disciplinary tribunal. (2) The disciplinary tribunal may. for the purposes of this section, appoint a person to 5 assist it in the performance of its functions. (3) (a) The disciplinary tribunal may, for the purposes of a hearing, subpoena any person— (i) who in its opinion may be able to give material information concerning the 10 subject of the hearing; or (ii) who it suspects or believes has in his or her possession or custody or under his or her control any book, document or object which has any bearing on the subject of the hearing. to appear before the disciplinary tribunal at the time and place specified in the subpoena. 15 to be questioned or to produce a book, document or object. (b) A subpoena issued in terms of paragraph (a), must— (i) be in the prescribed form; (ii) be signed by the chairperson of the disciplinary tribunal or, in his or her absence, any member of the disciplinary tribunal; and 20 (iii) be served on the registered person concerned personally or by sending it by registered mail. (4) The disciplinary tribunal may retain a book, document or object produced in terms of subsection (3) for the duration of the hearing. (5) The chairperson of the disciplinary tribunal may call upon and administer an oath 25 to. or take an affirmation from, any witness at the hearing who was subpoenaed in terms of subsection (3). (6) At a hearing the registered person charged— (a) (b) (i) (ii) (iii) (iv) (v) (vi) (i) (ii) may personally be present at the hearing of the proceedings; may be assisted or represented by another person in conducting the 30 proceedings; has the right to be heard; may call witnesses; may cross-examine any person called as a witness in support of the charge; and may have access to documents produced in evidence; may admit at any time before conviction that he or she is guilty of the charge despite the fact that he or she denied the charge or failed to react in terms of section 29(3)(b) or (c); may, in the case where he or she makes an admission in terms of 40 subparagraph (i), be deemed to be guilty of improper conduct as charged. 35 (7) The person referred to in subsection (2) may during a hearing— (a) lead evidence and advance arguments in support of the charge and cross-examine witnesses; (b) question any person who was subpoenaed in terms of subsection (3); or 45 (c) call anyone to give evidence or to produce any book, document or object in his or her possession or custody or under his or her control which the person referred to in subsection (2) suspects or believes to have a bearing on the subject of the hearing. (8) (a) A witness who has been subpoenaed may not— (i) (ii) (iii) (i~J) without sufficient cause, fail to attend the hearing at the time and place specified in the subpoena; refuse to be sworn in or to be affirmed as a witness; without sufficient cause, fail to answer fully and satisfactorily to the best of his or her knowledge to all questions lawfully put to him or her; or fail to produce any book, document or object in his or her possession or custody or under his or her control which he or she has been required to produce. 50 “55 Act N(). 49. Moo OL’. IX-I’IT}” SL”RVE’I’IXG PROFESSION” ACT, .“(100” (b) A w’itness who has been subpoenaed rliust remain in attendance LJn[I] excLIwd by the chairperson of the discip]inar! Iribunal t’1’om furlher attendance. (c) A witness who has been subpoenaed may wqurst th~t the nmnes of the members of the disciplinary tribunal he made available to him (M her. (d) The IUW relating to pri\ ilege, as applicable to a wl[ness subpoenaed to give evidence or to produce a book. document or object in a civil trial before a court of la~’ may, with the necessary changes, apply in relation to the examination of, or the production of any book. document or object to the disciplinary tribunal by, any person called in terms of this section as a witness. (e) A witness may not, after having been sworn in or having been affirmed as a lritness. gi\e a false statement on any matter, knom, ing that answer or statement to be folse, Lf) A person may not prevent another person from complying with a subpoena or from giving elidence or producing a book, document or object which he or she is in terms of this section required to give or produce. (9) The record of evidence which has a bearing on the charge before the disciplinary tribunal. and which was presented before any commission which investigated an event or conduct is admissible without further evidence being led if— 5 10 15 (a) the record is accompanied by a certificate from the chairperson; and (b) the certificate certifies that the investigation was lawful, reasonable and 20 procedurally fair. (10) If the improper conduct with which the registered person is charged amounts to an otience of which he or she has been convicted by a COLUT of’ law, a certified copy of the record of his or ber trial and conviction by that court is. on tbe identification of the registered person as the person referred to in the record, sufficient proof of the commission by him or her of that offence, unless the conviction has been set aside by a superior court. Proceedings after hearing 32. (1) After the conclusion of the hearing the disciplinary tribunal must, within 30 days— (a) (b) decide whether or not the registered person charged is guilty of improper conduct; if the disciplinary tribunal finds that the registered person charged is guilty of improper conduct, take cognizance of any aggravating or mitigating circum- stances; inform the registered person charged and the council of the finding; and inform the registered person of his or her right of atmeal in terms of section 33. (2) A registered per~on fou~d guilty of improper cond~& in terms of this section (c) (d} may— (a) address the disciplinary tribunal in mitigation of sentence; and (b) call witnesses to give evidence on his or her bebalf in mitigation of the sentence. (3) (a) If the registered person charged is found guilty of improper conduct, or if he or she admits that he or she is guilty of the charge, the disciplinary tribunal must either— (i) caution or reprimand the registered person; (ii) impose on him or her a fine not exceeding the amount calculated according to the ratio for one year imprisonment determined in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991); (iii) suspend the registration of the registered person concerned for a period not exceeding one year; or (iv) cancel the registration of the registered person concernecl and remove his or her name from the register referred to in section 11(c). (b) The disciplinary tribunal may take decisions under more than one of the subparagraphs of paragraph (a). (4) At the conclusion of the hearing the disciplinary tribunal must notify the council bf its finding. (5) The council must publish tbe finding and the sanction imposed in terms of subsection (3) in the Ga:erre. (6) The council must give effect to the decision of the disciplinary tribunal. 25 ~(j 35 40 45 50 55 ~~ N(}. 21S24 ———.——. Act No. 49.2000 QL”ASTITY SURVEYING PR.0WSS113X AC-T. 2(1(?(1 GOVERX\f EXT c7..kzETTE. 1 Drx’tmlBER 2!,00 -- —..—.— .—.——.— .Appeal against decision of disciplinary tribunal 33. (1) (u) A registered person found guIIIy of inlpmper conduct may appeal to the council against a finding of the disciplinary tribunal or a~~irist the sentence, or both. (b) The appeal must be lodged, within 30 days after the disciplinary tribunal has informed the registered person of its decision. (2) The. council may— (a) dismiss the appeal against the decision of the disciplinary tribunal and confirm the finding or sentence or both; or (b) uphold the appeal against the decision of the disciplinary tribunal wholly or in part and set aside or vary the finding or sentence or both. (3) If an appeal is dismissed in terms of subsection (2)(a) the appellant may, within 30 days from the date of [he dismissal of the appeal, :ippeal to the CBE. (4) If a registered person found guilty of improper conduct lodges an appeal in terms of subsection ( 1 )—- (a) the decision of the disciplinary tribunal under section 32(3); or (b) the publication by the council in terms of section 32(5), may not be put into effect before the council or the CBE, or both, has decided the appeal. (5) (a) The appellant whose appeal was dismissed by the CBE may appeal to the 5 10 15 appropriate High Court. (b) A person referred to in paragraph (a) must, after giving notice to the CBE, lodge 20 a notice of appeal with the registrar of the appropriate High Court within one month from the date of the decision of the CBE. (6) (a) The council may appeal to the appropriate High Court against any decision of the CBE with regard to disciplinary matters. (b) The council must, from giving notice to the CBE, lodge a notice of appeal with the 25 registrar of the appropriate High Court within one month after the date of the decision of the CBE. Professional fees 34. (1) The council must, in consultation with the voluntary associations, formulate recommendations with regard to the principles referred to in section 4(k)(v) of the 30 Council for the Built Environment Act. 2000. (2) The council must annually, after consultation with the voluntary associations, representatives of service providers and clients in the public and private sector, determine guideline professional fees and publish those fees in the Gazette. (3) The CBE may review the guideline professional fees published by the council, and 35 refer the fees back to the council for reconsideration. (4) If the council, after review by the CBE of the guideline professional fees, is aggrieved about that review, it may refer the matter to the Minister for a final decision. (.5) Any person who is aggrieved by the guideline professional fees published in terms of subsection (2), may bring the matter to the attention of the CBE within 60 days from 40 the date of publication. Appeal against certain decisions of council 35. (1) Any member of the public whose interests and rights are affected by a decision made by the council may— (c) (b) within 30 days from that person becoming aware of the decision, request the 45 council in writing to furnish hlm or her in writing with its reasons for that decision; within 90 days from the date on which the council furnished him or her with Its reasons for that decision and after giving notice to the council, appeal to the CBE against that decision in terms of section 21 of the Council for the Built 50 Environment Act, 2000. (2) A person referred to in subsection ( 1 ) may, after giving notice to the cotincil or the CBE, as the case may be, lodge a notice of appeal with the registrar of the appropriate High Court within one month from the date of the decision of the council or the CBE. Rules .36. ( 1 ) The ~OUllCli mu}’. by r!<~[i~e in ~.he ~“~L~CL-/t(’. lll~k~? :-llles W’ith rttgal”d tO :ln V mmer that is required m permitted to be prewrlbe(f in [crms :]f [his AcI and any o[hc( mat[er for the better execution of this Act 01- in relution [o any rmwer grimted or duty imposed by this Act. . . (2) (u) Before the council makes any ruit Iuncier this section. it must publish a draft of the proposed rule in the Ga:erfe together with a notice calling on interested persons to comment in writing within a period stated in the notice. but the period may not be less than 30 days from the date of publication of the notice. j (h) If the council alters the draft rules as a result of any comment it need not publish 10 [hose alterations before making the rule, (3) The councii may, if circums[anccs necessitate the immediate publication Of a m!~. publish that rule without consultation as contemplated in subsection (2). pro\ided that the CBE, any of the councils for the professions or any person who is aggrieved by the sajd rule may-– 15 (a) comment af!er such publication; or (b) appeal to the CBE or the appropriate High Court, as the case may be, against such a rule. Procedure and evidence for evidential purposes 37. (1) The register referred to in section 11(c) serves as evidence of all matters which, 20 in terms of this Act. are required or permitted to be noted therein. (2) A certificate purporting to be signed by the registrar to the effeci that an entry has or has not been made in the register or that any other function authorised by this Act to be performed, has or has not been performed, is evidence of the matters specified in that cermficate. (3) A copy of an entry in the register or of a document in the custody of the registrar or an extract from the register or from any such document, purporting to be certified by the registrar, may be admitted in evidence in all courts without further proof or production of the original. Rectification of errors and exemptions 25 so 38. (1) When anything which according to this Act is required to be done or performed on or before a specified day or at a specified time or during a specified period, has not been done or performed, the Minister may, if satisfied that the failure was due to error or oversight, authorise it to be ~one or performed on or before another day, time, or during another period and anything done or performed in this regard is of full force and is 35 deemed to have been lawfully done or performed in accordance with this Act. (2) The Minister must, after consultation with the council, voluntary associations and any other person he or she considers necessary. make rules regarding exemptions from the provisions of this Act. (3) (a) The Minister may, after consultation with the council, voluntary associations 40 and any other person he or she considers necessary, exempt any person. council, voluntary association or industry from any provision of this Act for a period not exceeding two years. (b) The exemption refereed to in paragraph (a) must comply with the rules contemplated in subsection (2). Liability 39. (1) The council, the registrar, or any member, committee or staff member of the council, is not liable for any act performed in good faith in terms of this Act. (2) A registered person who, in the public in[erest-– (a) refuws Lo perform an act; (b) omits to perform an act; or (c.) informs the council, or other appropriate authority of an act oi omission performed by any other person. ~~ 50 3 2 No. ?1 824 _ — . — — — .— —.——- GCl\’l”RFJ ME.l<”r(; A.7.ETTE I [IECENIBER 2000 Ac’t No. 49, 2000 (> U/iXTl”l’Y SLJRVEY:NG PROFESS1ON ,\CT ?00{) which act or oinission endangers or is like 1!/ to rwkmger [he safety or health ofthr public or f’ellow employees, is not Iiab!e for that refustil. omission or intorrnation. (3) Any person whCJ was registered in terms d this Act and whose registration was canceki, IS ]iabk for ar,y action taken by him (Jr her while he or she was registered. Delegation of powers 40. (l) The Minister may delegate any of his or her powers in terms of this Acl, excluding the power to appoint the members of the council, to the Director-General or any other member of the staff of the department. (~) The ~o~ncil may de]egate any of its powers in terms of this Act to a committee, an official or a member of the council or any other person or body of persons. excluding the power to hear an appeal in terms of sections 24(1) and 33(1). (3) The registrar may delegate any of his or her powers in terms of this Act, to a member of the staff of the council. (4) .Any delegation under subsection (1), (2) or (3) does not prohibit the exercise of the power or the performance of the duty or function in question by the Minister, council or the registrm. Offences and penalties 41. (1] A person contravening section 18(2), 23, 25(8), or 3 l(8)(a), (b), (e) or (~), is guilty of an offence, (2) If the council wilfully or in a grossly negligent manner fails to comply with section 15(8) it is guilty of an oftence and liable to a fine calculated according to the ratio determined for a period of five years’ imprisonment in terms of the Adjustment of Fines Act, 1991. (3) A person convicted of an offence in terms of section 18(2), may be liable to a fine equal to double the remuneration received by him or her for work done in contraveJltion of section 18(2), or to a fine equal to the fine calculated according to the ratio determined for three years imprisonment in terms of the Adjustment of Fines .4ct, 1991. (4) A person who is con~icted of an offence in terms of section 23 or 25(8), may be liable to a fine calculated according to the ratio determined for a period of one month imprisonment in terms of the Adjustment of Fines Act, 1991. (5) A person who is convicted of an offence in terms of section 31 (8)(a), (f?), (e) or (Y), may be hable to a fine equal to the fine calculated according to the ratio determined for three years imprisonment in terms of the Adjustment of Fines Act, 1991. Transitional provisions 5 10 15 20 25 30 42. (1) For the purposes of this section, “effective date” means the date of the first 35 meeting of the council. (2) The South African Council for Quantity Surveyors established by section 2 of the Quantity Surveyors’ Act, 1970 (Act No. 36 of 1970), continues to exist and may exercise and perform its powers and functions after the commencement of this Act until the effective date. (3) The South African Council for Quantity Surveyors must, within 30 days from the date of commencement of this Act, invite nominations for the first appointment of members in accordance with section 4. (4) For the purpose of the nominations referred to in section 4 and for the first term of office of the council, the existing voluntary associations within the quantity surveying profession are deemed to be recognised in terms of section 25. 40 45 (5) %ml the el~ecti~e date. all riyht>. obliga!ion~. assets and liabilities required or incurred b? the Sooth African Council for Qu:tn[ity Sur\eyors in term> of the Qttat~[ity Sur\eyors A~t. 19-/0. ~est in the council md [IIC council IS deenml to have acquired or incurred those rig!\ts, ohli~atkms. assets and ]iabi]i[]es in terms of [his Act. (6) Any act perfcmncd, decision taken. or rule rn~de m purported to have been so 5 performed. taken m made in terms of the Quantity Sur\ eyors’ Act, 1970, by the !k)uth African Council for Quantity Surveyors remains valid unless repealed under this Act. (7) Any notice issued or exemption gr~oted by the Minister in terms of the Quanti[y Surveyors” Act, ]970, remains valid unless repealed under this Act. (8) Any person who at the commencement of this Act is registered in terms of tht 10 Quantity Surveyors’ Act, 1970. is deemed to be registered in the corresponding category provided for in this Act. (9) From the effective date, any register maintained in terms of the Quantity Sur\eyors” Act. 1970. is incorporated in and is considered to form part of a register to be maintained in terms CJf this Act. ( 10) Any action taken in terms of section 24 of the Quantity Surveyors’ Act. 19’70. which is pending at the commencement date of this Act. must be finalised in terms of that Act. ( ] 1 ) At the end of [he first term of [he colJnci] S() per cent of the members of the council may not be reappointed by the h[inister. Repeal of laws

43. The laws mentioned in the second column of the Schedule are repealed to the extent indicated in the third column of that Schedule and in so far as the laws were in force in the various areas of the national territory indicated in the fourth column. Act binding on State

44. This Act binds the State. Short title and commencement

45. This Act is called the Quantity Surveying Profession Act, 2000, and commences on a date fixed by the President by proclamation in the Gazette. ]i ~@ 25 SCHEDULE (Sccrion 43) .————-—— Qoartit\ Survevors’ Act, 1970 — . — - — . — — . — — . QuLIItIty Sumeyors’ Amendment Act. 1979 Quant![y Sumeyors’ Amendnren[ Act. 1982——.— — .— Act to Regulate [he Professions of Engineering, Architecture and Quan thy Surveyng, 198 i —— Qua~y Surveyors’ Amendment .——. _. No. and year of Act Short title --1-- — .—.— Act NO. 36 of 1970 Act No. 79 of 1979 —.——.==- 1 Extent of repeal Area of —..— — . . — L .- national territorv The whole —.— ———.——— The whole ————.—. - — . — — . — . — — — — .—..—.— Act No. 50 of 1982 t The whole .- — Act No. 29 of 1981 .— — .. ,4CI NO. 76 of 1987 - 1 _——— ——_—_ The whole Bophutha[swa~a — — The whole 4- ‘+ Act No. 14 of 1995 Periods of OffIce of Members of ~:------~:T-_..: Councils for Architects, Engineers, (juannty Surveyors and Valuers Act, .