Property Valuers Profession Act

1. In this Act, unless the context otherwise indicates— (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) “accredit” means the process of evaluation and recognition by the council of 5 education programmed offered by educational institutions relating to the property valuation profession, and “accreditation” has a corresponding meaning; “actively practise” means to practise on an ongoing basis in one of the categories contemplated in section 19, and includes a person qualified in the 10 propetty valuation profession who is employed by any sphere of government or an educational institution; “candidate” means a person who is registered in terms of section 20(2)(b); “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 18; “council” means the South African Council for the Property Valuers Profession established by section 2; “department” means the national department responsible for public works; “disciplinary tribunal” means a tribunal appointed in terms of section 31; “immovable property” includes a right in respect of, or an interest in, immovable propetty; “Minister” means the Minister responsible for public works; “prescribe” means prescribed by a rule made by the council under section 37, and “prescribed” has a corresponding meaning; “professional” means a person who is registered in terms of section 20(2)(u): “property valuation” means the determination of the value of immovable property; “registered person” means a person registered under one of the categories referred to in section 19; ‘registrar” means the person appointed as registrar under section 8(1)(u); “registration” means the process-— (a) of assessment of competency of applicants for the purpose of registration 25 15 20 30 under this Act; and Ac( No. 47. 2000” PRoPER1-}’ v.i:.,L~Ei{s, E’Rc)l’EssIoN ricT. 2000 (b) of enwring the names of the applicants who qualify into the register referred to in section l!(c); (xvii) ( x v i i i ) (xix) “rule” means a rule made find iu force under this Act; “’thisAct” includes any notice, order or rule issued or made under this Aci: and “voluntary association” means any voluntary association recognised by the council in terms of section 26. Establishment of South African Council for the Property Valuers Profession

2. There is hereby established a juristic person to be known as the South African Council for the Property Valuers 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) six registered persons, excluding candidates, of whom at least three must actively practise in the property valuation 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 19, in the prescribed manner; (b) (c) two 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 two 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 Valuers, established in terms of the Valuers’ Act, 1982 (Act No. 23 of 1982), 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) or (b) 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 section 3(1)(a) or (b), respectively. (2) When any nomination in terms of section 3(1)(c) becomes necessag, the councd must invite the public, by notice in the Ga~ette 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) @ receipt Of any nomination, the council must, within 30 days from the expiry date specified in the 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 insutlicient 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:ette, 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. 5 10 15 20 25 30 35 40 45 50 Term of office of’ members 01 council ~. (1) TIIe [eIIII of office for member:, of the cou:]ci] is tour yews, 13LIt members continue in office until the succeeding c,:mncll is duly conslituteci. (2) Sll~~Ject t~~secti[lll 4.~f12): lnlelnb~l"( JtthecourlcIl nmy not ser\e!(>t-lll(>rethtin [\vo consecutive tcrtns ol”offlcc. t{) Despil.e subsection (]). the Minis (et- In;Iy, b} nc)tlce in [he G~/;c[/c. after comsuit:ition with the council e.<tend the period of office of’ all the members of’ the c(mncil li~i- ~ period oi’six months. but he or she may only ex[end the periocl of offlcc tmice. (4) Despiw subsection ( l). the Minister may, by notice in the Gcr:c’rrc. .’.fter cc~nsllil~tion with [he council. termintite the period of office of a member or all the members of the cmlncil, (5) The Nqinister ma> only 21C: in terms Of subsection (4) if anew member or anew council h,ts been appointed. On nominations in\ited b> the Minister in the manner p r o v i d e d for in ~ection 4. to t~ke [be r)\er the functions of the member or the council concerntxf. Disqualification from membership of council and vacation of office 5 l,) 15 ~~ 6. ( 1 ) A person muy not be appointed tis a member of the council if that person ([l ) (b) (c) (d) (e) (f) is not a South African citizen and ordinarily resident in the Republlc; is an unrehabilitated insolvent: has been convicted of an offence in the Republic. c~ther than an ofl%nce comtnitted 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 fr:iud, to a fine or imprisonment or botb: 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 otlice of trust: or has in terms of this Act been found guilty by a disciplinary tribunal or the council of improper conduct. 30 (2) A member of the council must vacate his or her office if he or she— ((/) (1?) ((’) (d) (c) (f) (?) becomes disqualified in terms of subsection ( 1 ) from being appointed as a 35 member of the council; resigns hy written notice addressed to the registrar: is declared by the High CoLIrt 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 leave of tbe council, been absent from more than two 40 consecutive nieetirrgs 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 tbe membership referred to in section 3( 1 ): was appointed in term$ of section 3( 1 )(b) and ceases to be employed by the 45 State: or ceases to be pernumeiltiy resident in the Republic. (3) ‘For the purpo$ei of subsec(jon ( 1 )(d). the Minister must take cognizance of the prcvailin: circumstances in a foreign country relating [0 a conviction. (4) (a) [f ii member of [he council dies or vacates his or her ot%ce before the expiration 50 of his or her term of ofiice. the Minister may. after consultation with the council, and subject to section 5(1). appoint a person to fill the vacancy for the unexpired portion of the period for which that member was appointed, (h) If the Minister appoints a person to fill the vacant seat, the appointment must be made within 60 days from the date on which tbe vacancy occurred. 55 Election of president and vice-presidtmt of council 7. ( I ) (a) ‘l-he members 0( th: council must at h frrst meting of every newly cons[ituiecl council elect a president and \ice. pvxidcnt wlm must be registered per-~ons and at least one Inust actively practise in the pmpeil! \aluatiorl profession. (b) The president and \7ice-presidcrlt hclri uffice for a per-loci 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 presiden(, perform all the functions and may exercise all the powers of the president, (3) (a) If both the president and the vice-president are for ar:y reason unable to preside at a council meeting, the members present must elect a person to preside at that meeting. (b) The person elected ma},. during that meeting and until the president or vice-president resumes his or her futrctions, perform a]] the functions and exercise dll 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 registrar must enter into a performance agreement, as prescribed, with the council 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 assigned 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 equa!ity 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 becom,e disqualified in terms of section 6(2) but had not vacated his or her office. sat as a member. 30 35 Administrative powers of council

10. The council mav— (a) (L) (c) ((i) {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 40 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 the council must be convened, the procedure and quorum at such rneetirtgs and 45 the manner in which the minutes of such meetings must be kept; and print, circr.rlale, sell and administer the publication of, and generally take any steps necessary to publish, any publication relating to the property valuation profession and related matters. 10 No. 21822 Act No. 47,2000 —— GOVERNMENT GAZETTE, I mcmmER2000 PROPERTY VALUERS PROFESSION ACT, 201X) Powers of council with regard to registration

11. The council may, subject to this Act— (a) consider and decide on any application for registration; (b) prescribe the period of validity of the registration of a registered person; (c) keep a register of registered persons and decide on— (i) the form of certificates and the register to be kept; (ii) the maintenance of the register or issuing of certificates; and (iii) the reviewing of the register and the manner in which alterations thereto may be effected. Power of council with regard to fees and charges 12. ( 1 ) The council may, with regard to fees and charges, which are payable to the council, determine— (a) application fees; (b) registration fees; (c) annual fees, or portion 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, payable in respect of any examination referred to in section 20, conducted by or on behalf of the council; (~) any charge payable for the purposes of the education fund referred to in section 16(5); (g) fees payable for a service referred to in section 15(c); (h) the fees payable for an appeal in terms of section 25(1); or (i,) any other fee or charge it considers necessary. (2) The council may grant exemption 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 property valuation 5 10 15 20 25

13. The council may— (a) (b) (c) (d) (e) (f) (g’) (h) subject to se&ions 5 and 7 of the Higher Education Act, 1997 (Act No. 101 of 1997), conduct accreditation visits to any educational institution which has a department, school or faculty which offers property valuation education 30 programmed, but must conduct at least 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; either conditionally or unconditionally grant, refuse or withdraw accreditation 35 with regard to all educational institutions and their educational programmed with regard to property valuation; consult with the Council on Higher Education established in terms of the Higher Education Act, 1997, regarding matters reievmt to education in property valuation; consult with the South African Qualifications Authority established by the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), or any body established by it and the voluntary associations, to determine compe- tency standards for the purpose of registration: establish mechanisms for registered persons to gain recognition of their 45 qualifications and professional status in other countries: liaise with the relevant National Stmdards Body established in terms of Chapter 3 of the regulations under the South African Qualifications Authority Act, 1995, with a view to the establishment of:1 standards generating body in terms of those regulations; recognise or withdraw the recognition of any examination contemplated in section 20; enter into an agreement with any person or bed\ ot’ persons, within or outside the Republic, with regard to the recognition of any examination or qualification for (he purposes of this Act: 40 50 55 (i) (j) (k) oi!e ~fJ\,jCc ~>~ ]e!ld~r ajsista])ct; ICJ any educational institution, Vo]untq ~ :iss{)ciationc>rexaminillg ~mci} i~i[ti re:ilrd(c)tduc:ltional facilities t(:)rtindtllc train~ng al}d educit~iol? of registered persons and prospective registered persons: conduct any examination fort!te purposes of section 20: and determine. after consultation with the voluntarv associations and reslstered persons, conditions rrlating to and the natu~e and extent of’ co~tinuing education and tr~ining, Powers ofcotrncil \vith regard coinsurance

14. The council may— i arrange insu~ance with an insurer who is registered or deemed to be registered under the Long Term Insurance Act, 1998 (Act No. 52 of 1998) or the Short Term insurance Act. 1998 (Act No. 53 of 1998). for the indemnification of registered persons, against claims arising from the performance of their functions. arrange with an Insurer referred to in subsection (1) for the provision of insurance cover for— (i) any member, registrar or staff member of the council in respect of any bodily injury, disablement or death resulting from an accident occurring in the course of the performance of his or her functions in terms of this Act; (ii) the council against any lo:ss, damage, risk or liability which it may suffer or incur, including cover in respect of any loss or damage caused to it by any person in its service and in respect of all property under the control of the council. General powers of council

15. The council may. in addition to other powers in this Act— (a) (b) (c’) (d) (i?) (“f) (g,J (/1) (1) acquire, hire-, maintain, let, sell or o~herwise dispose of movable or immovable property for the effective performance and exercise of its functions, duties or powers, decide upon fhe 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 26, 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 property valuation profession; encourage and itself undertake research into matters relating to the property \’aluation profession: take any steps it considers necessary for the protection of the public in their dealings with registered persons, for the maintenance of the integrity, and the enhancement of the status of the property valuation 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. 30 35 40 45 Funds of council and keeping and auditing of accounts 16. ( 1 } Th& 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. (2) The council rnay–- (aj collect and invest funds of the council, (l)) raise money by way of loan for the purpose of effectively performing its functions: 14 No. 21822 GO V E R N M E N T G A Z E T TE , I DEcEh4Bi3R 2 0 0 0 Ad N(). 47, 2000 Pt70PER~Y VALUERS PROFESSION ACT. 2000” 5 It) 15 :() .< —- I ., ,: . ,::,, ,, (c) with a view to the proinotl~il of anymatter relating to the property valuation profession, lend money ag[,inst such security as the council considers adequate; and (d) 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 may establish and administer an education fund for the education, training and continuing education and training of registered persons and students in the property valuation profession. (6) The council must keep [LIII and correct account of ali monies received and expended by it. (7) (L{) The council must annually p[-epare a statement of income and expenditure and a balance sheet showing its financial position as ~t the close of the financial year to which it relates. (b) The council must have the statement and balance sheet audited by an auditor registered in terms of the Public Accountants’ and Auditors’ Act, 1991 (Act No. SO of 1991). (c) A copy of the audited statement and balance sheet must be open for inspection at the offices of the council. (8) The council must, within six months from the close of each financial year or such other period as may be agreed to by the Minister after a request by the council, submit the audited statement and balance sheet to the Minister and must provide a copy to the CBE. (9) The Minister may, with the concurrence of the Minister of Finance— (a) advance or grant to the council, out of money appropriated by Parliament. such amounts as he or she considers necessary in order to enable the council to carry out its functions; and (b) determine the conditions to and repayment of the advance. ( 10) The council must determine its financial year. ( 11) The council must apply due care and diligence when investing any money or - --<’1 incurring any expenditure from the funds of the council. Reports to CBE 17. (1) The council must, within six months from the close of each financial year. provide the CBE with a report regarding its activities during th~t financial year, for the :5 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 I i(c) must be open for inspection at the offices of the council. (3) The council must, on request by the CBE. provide the CBE with any information rc~arding a registered person. Committees of council .)— 18. ( 1 ) (u) The council may establish any committee. including an investigating committee, to assist it in the performance of its functions and may appoint any person w a member of that committee. (b) If the council does not designate a chail~erson for a committee, the comnlit~t:= –5 may, at its first meeting, elect a chairperson from among its members. (c) The council may at any time dissolve or reconstitute a committee. (2) Section 9 may, with the necessary changes, apply in respect of a committee of rn~= council. Categories of registration =, !’ I 19. ( I ) The categories in which it persoo may register in the property Vlll Llil[i(. C profession ure— (a) Professiokrl Valuer: (I?,) Prof’ts>ional Asscwiated Vulum: f c) C:mdidale VAueF: c,~ (d) specified c~legorles prescribed by the council. (2) A person my not practise in my of the categories contemplated in subsection ( 1 ). unless he or she is registered ili that category (3) A person who is registered in the ~ik~~lr~ of candidate must perform work iri the property valuation profession only uncier the supervision and control of a professional of a category as prcscriberi. Registration 20. ( 1 ) (~{; A person must apply, in the prescribed application form, to the coancil for registration in a category referred (0 in section 19(1). (h) The application form referred [o in paragraph (a) must be accoinpanied by the prescribed fee. (~) The council must register the applicant in the rele\’ant category and issue a registration certificate to the successful applicant in the prescribed form if, after consideration of an application, the council is satisfied [hat the applicant- ((/) in the case of a person applying for registration as a professional--- (i) is at least 21 years of age and is ordinarily resident in the Republic; (ii) has passed the prescribed examinations or any examinations recognised by the council; and (iii) has gained practical experience in property valuation in the Republic which is of the prescribed scope, \;ariety, nature and standard; (b) in the case of a person applying for registration as a candidate or a candidate in a specified category— (i) is enrolled at an educational institution accredited by the council, for a course which includes the prescribed or recognised examinations; (Ii ) has passed any other examination that maybe determined by the council: and (iii) has proved that he or she has satisfied the relevant educational outcomes de~ermined by the council for this purpose by presenting evidence of prior learning in property valuation. (3) The council may determine the restrictions and conditions, if any, applicable to an applicant applying in the category of associated valuer, candidate valuer or in a spscified cate,gory. (4) (a) Despite subsection (2), the council may refuse to register an applicant- (i) (ii) (iii) (iv) (’) (vi) if the applicant has been removed f~om an office- of trust on account of improper conduct; has been con\icted of an oflence in the Republ~c, other than an offence committed prior to 27 April i 994 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 tine. or, in the case of fraud, to a fine or imprisonment or both: if the appiicant is declared by the High 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 re~istration as a result of any punishnient imposed on him or her under this Act; if the applicant is an unrehabditated insolvent whose insolvency was caused by his or ber negligence or incompetence in performing work falling within the scope of the category in respect of which he or she is applying for registration (b) For the purposes of paragraph (a}(iii), the council must take cognisarrce of the prevailing circumstances in a foreign country relating to a conviction. (c) The council must urovide tile app]ican[ with a notice of a refusal referred to in paragraph (0). ..\(t No. 47. 2(M) PROPERTY VALUERS PR( )I%SS1ON .ACT, ?.000 (5) For the purposes of this section “prior learning” means the previous lear,~ing and experience of a learner. howsoever obtairwd, against the learning outcomes required for a specified qualification and the acceptance for the purposes of qualification of [M which meets those requirements. Cancellation of registration 5 21. ( 1 ) (u) The council may cancel the registration of a registered person if he or she— (i) becomes disqualified from registration as contemplated in section 20(4); (ii) has erroneously been registered, or has been registered on information subsequently proved to be false; or (iii) fails to pay the prescribed annual fee or portion thereof, within 60 days from 10 it becoming due or within such further period as the council may allow. either before or after expiry of the 60 days. (h) The council must provide the registered person with a notice of a cancellation referred to in paragraph (a). (2) If a person who is registered as a candidate qualities to be registered as a 15 professional in terms of section 20(2)(a), the council must cancel his or her registration as a candidate. (3) The council must at the written request of any registered person cancel his or her registration. but where an investigation into alleged improper conduct by that person is in progress or is to be held, the registration may not be cancelled until the investigation 20 has been concluded. (4) Despite the cancellation of the registration of a registered person in terms of this section, that person remains liable for any fee, arrears or penalty imposed by the council for the period that he or she was registered. Authorised titles 22. (1) A person who is registered in any of the categories referred to in section 19(1) may describe himself or herself and use the title— (a) Professional Valueq (b) Professional Associated Valuer; or (c) Candidate Valuer. (2) A registered person may use a title prescribed by the council for the specified category. (3) A registered person must use his or her title in all property valuation reports and other documentation relating to his or her work in the property valuation profession, prepared by or for him or her. (4) The council may determine abbreviations or acronyms for the titles referred to in 25 30 35 subsection (1). Renewal of registration 23. (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 40 renewal of his or her registration. (2) The council may determine conditions for the renewal of registration. (3] Subject to section 20, the council must, on application, register a person who was previously registered and whose registration was cancelled in terms of section 21(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 arrear fees; and (d) any penalties imposed on him or her by the council. 45 50 /\ct No. 47. ?(K)() PROPEl<”l’}’ V) I 1.. ERS [’R( )f:lKiSloh” ACT, 2000 Return of registration certificate

24. Any person whose registration has been ~~il~~lled in terl~ls Of LhIS Act. must return his or her registration certiticale to the registrar within 30 days from the date on which he 01- she is directed by the registrar in writing to do so. Grievanc~ procedure in relation to registration 25. ( 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 registration, other than a cancellation in terms of section 21 ( 1 )(a)(iii) or 33(3 )(a)(iv), did not comply with section 33 of the Constitution, that 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 decision (3) If an appeal is lodged against a refusal of a committee 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 26. ( 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. (2) Any voluntary association may apply to the council to be recognised as such. (3) The council may, if the voluntary association complies with the requirements determined in terms of section 15(d), recognise that association and issue it with a certificate of recognition. (4) A certificate of recognition is valid for a period of five years from the date of issue. (5) A voluntary association must display its certificate of recognition in a prominent place at its head office. 10 15 20 25 (6) The recognition of a voluntary association lapses-– (a) if that association no longer complies with the requirements contemplated in 30 section 15(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 27. ( 1 ) The council must consult with— (a) all voluntary associations: (b) any person: (c) any body; or ([i) any industry, that may be affected by any laws regulming the built environment professions regarding the identification of the type of property valuation work which may be performed by persons registered in any of the categories referred to in section 19, 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 (l), 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–- 35 40 45 50 /\c’t No. 47. moo PROPERTY’ \,\!-UEKS F’R(.)FESSI[)K ACT. 3300” (</) (/)) ((’) (d) perform any kind of work ldentiticrl for any category of registered persons: pretend to be. or in any nltii]nel- bold or allow himself or herself to be held out as a person registered in terms r)f [hi~ Act’ use the name of any registered person or any name or title referred to in section 19 or 22; or perform any act indicating. or calculated to lead persons to believe. that he or ~he 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, control, 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. Professional conduct 28. ( 1 ) The council must, in consultation with the CBE, voluntary associations and registered persons, draw up a code of conduct for registered persons. (2) (u) 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 constitutes improper conduct. Investigation of charge of improper conduct 29. (1) The council must refer any matter brought against a registered person to an investigating committee contemplated in section 18 if— (a) the council has reasonable grounds to suspect that a registered person has committed an act which may render him or her guilty of improper conduct; or (b) a complaint, charge or allegation of improper conduct has been brought against a registered person by any person. (2) At the request of the council, the investigating committee must— (a) investigate the matter; and (b) obtain evidence to determine whether or not in its opinion the registered person concerned may be charged and, if so, recommend to the council the charge or charges that may be preferred 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 she— (u) 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 maybe 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 30. (1) The council must, after considering a report of the investigating committee in terms of section 29(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 writteo explanation regarding the improper conduct with which he or she is charged; and ; ., 1.5 20 25 30 35 40 45 50 24 \,) 21 X2? —— . . .——.— GOY ~tl~MbNT ~/47XlT~. I DECEMBER 2(,X)(1 Act N(). 47, 2000 PROPERTY \’,4L(%RS PROFEX’SIOii ,4 CT. 2000 (d) of the period. which ITIUS( be reasonable. within which his or her plea in terms of paragraph (b) must be submitted to the council. (4) (a) M 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 33(2), impose a penalty contemplated in section 33(3)(u) or (b) on a registered person who has admitted guilt in terms of paragraph (u). 5 (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 10 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 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 31. (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 30(3)(b). (2) The disciplinary tribunal must consist of at least— (u) a person who specialises in the professional field concerning the charge; (b) a professional who has appropriate experience; and (c) a person qualified in law and who has appropriate experience. “ 15 20 Disciplinary hearing 32. (1) 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 25 assist it in the performance of its functions. (3) (u) 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 30 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, 35 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 (iii) be served on the registered person concerned personally or by sending it by 40 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 45 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) (i) may personally be present at the hearing of the proceedings; (ii) may be assisted or represented by another person in conducting the 50 proceedings; (iii) has the right to be heard; (iv) may call witnesses; (v) may cross-examine any person called as a witness in support of the charge; and (vi) may have access to documents produced m evidence; 55 26 N(). 21822 CiOVERNiVtENT GAzE’lTE, I DECEh4t3ER 2 0 0 0 Act No. 47,2000 PROPERTY VALUERS PROFESSION ACT, 2000 (b) (i) (ii) 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 30(3)(b) or (c); may, in the case where he or she makes an admission in terms of subparagraph (i), be deemed to be guilty of improper conduct as charged. (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 (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) without sufficient cause, fail to attend the hearing at the time and place specified in the subpoena; (ii) refuse to be sworn in or to be affirmed as a witness; (iii) 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 (iv) 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. (b) A witness who has been subpoenaed must remain in attendance until excused by 2( the chairperson of the disciplinary tribunal from further attendance. (c) A witness who has been subpoenaed may request that the names of the members 2: of the disciplinary tribunal be made available to him or her. (d) The law relating to privilege, as applicable to a witness subpoenaed to give evidence or to produce a book, document or object in a civil trial before a court of law 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 s~om in or having been affirmed as a witness, give a false statement on any matter, knowing that answer or statement to be false. U) A person may not prevent another person from complying with a subpoena or from giving evidence 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— (a) the record is accompanied by a certificate from the chairperson; and (b) the certificate certifies that the investigation was lawful, reasonable and procedurally fair. ( 10) If the improper conduct with which the registered person is charged amounts to an offence of which he or she has been convicted by a court of law, a certified copy of the record of his or her trial and conviction by that court is, on the 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 33. (1) After the conclusion of the hearing the disciplimu-y 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 cognisancc of any aggravating or mitigating circum- sttinces; 3( 3: 4( 4: 5( 5! (c) inform the registered perv]n charged and the council of (he finding: and (~) inform the registered person of his or her right ofappeal in lerms of section 34. (2) A registered person found guil(y of’ Improper conduct in term:, of this section m:.iy-— (a) address the disciphnary tribunal in mitigation of sentence; and (b) call witnesses to give evidence on his or her behalf in mitigation of the 5 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 10 15 (iv) cancel the registration of the registered person concerned 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 subpw-agraphs of paragraph (a) (4) At the conclusion of the hearing the disciplinary tribunal must notify the council 20 of Its finding. (5) The council must publish the finding and the sanction imposed in terms of subsection (3) in the Gazerre. (6) The council must give effect to the decision of the disciplinary tribunal. Appeal against decision of disciplinary tribunal 34. (1) (a) A registered person found guilty of improper conduct may appeal to the council against a finding of the disciplinary tribunal or against 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— 25 30 (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 35 days, from the date of the dismissal of the appeal, appeal 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 33(3); or (b) the publication by the council in terms of section 33(5), 40 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 appropriate High Court. (b) A person referred to in paragraph (a) must, after giving notice to the CBE, lodge a notice of appeal with the registrar of the appropriate High Court within one month 45 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, after giving notice to the CBE, lodge a notice of appeal with the registrar of the appropriate High Court within one month from the date of the decision 50 of the CBE. 30 No. 21822 GOVERNMENT GAZETTE, 1 DECEMBER 2000 Act No. 47, 2000 PROPERTY VALUERS PROFESSION ACT, 200Q Professional fees 35. (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 Council for the Built Environment Act, 2000. (2) The council must annually, after consultation with the voluntary associations, 5 representatives of service providers and clients in the public and private sector, determine professional fees and publish those fees in the Gazette. (3) The CBE may review the guideline professional fees published by the council, and refer the fees back to the council for reconsideration. (4) If the council, after review by the CBE of the guideline professional fees, is 10 aggrieved about that review, it may refer the matter to the Minister for a fmrd 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 the date of such publication. Appeal against certain decisions of council 36. (1) Any member of the public whose interests and rights are affected by a decision made by the council may— (a) within 30 days from that person becoming aware of the decision, request the council in writing to furnish him or her in writing with its reasons for that decision; (b) 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 Environment Act, 2000. 15 Z() (2) A person referred to in subsection ( 1) may, after giving notice to the council or the 25 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 37. (1) The council may, by notice in the Gazette, make rules with regard to any matter that is required or permitted to be prescribed in terms of this Act and any other 30 matter for the better execution of this Act or in relation to any power granted or duty imposed by this Act. (2) (a) Before the council makes any rule under this section, it must publish a draft of the proposed rule in the Gazette together with a notice calling on interested persons to ccmment in writing within a period stated in the notice, but the period may not be less 35 than 30 days from the date of publication of the notice. (b) If the council alters the draft rules as a result of any comment it need not publish those alterations before making the rule. (3) The council may, if circumstances necessitate the immediate publication of a rule, publish that rule without consultation as contemplated in subsection (2), provided that 40 the CBE, any of the councils for the professions or any person who is aggrieved by the said rule may— (a) comment after such publication; or (b) appeal to the CBE or the appropriate High Court, as the case may be, against such a rule. 45 Procedure and evidence for evidential purposes 38. (1) The register refer-red to in section 1 l(c) serves as evidence of all matters which. in terms of this Act, are required or permitted to be noted therein. 72 N{) 21s22 ———— .———— G()\’ERh’MliN-r ~Azrmr I OECEMBER .’(100” I Act N(). 47.2000 PRC)FERTI’ \’ALUERS PROFESSI(lN ACT 3000 (2) A certificate purporting to be signed by [he registiar to the eff-ect that an entry has 01- has not been made in the register or [h~.t any other function authorised by this Act to be performed, has or has not been performed, is e\]dence of [he matters specified in that cmli!icate. (3) A COPY of an entv in the resister’ or of a document in the custody of the registrar of 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 39. (1) When anything which according to this Act is required to be done or performed ,m 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 done or per-formed on or before another day, time, or during another period and anything done or performed in this regard is of full force and is 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 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 referred to in paragraph (a) must comply with the ruies contemplated in subsection (2). Liability 40. (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 interest— (a) refuses to perform an act; (b) omits to perform an act; or (c) informs the council or other appropriate authority of an act or omission performed by any other person, which act or omission endangers or is likely to endanger the safety or health of the public or fellow employees, is not liable for that refusal, omission or information. (3) Any person who was registered in terms of this Act and whose registration was cancelled, is liable for any action taken by him or her while he or she was registered. Delegation of powers 41. (1) The Minister may delegate any of his or her powers in terms of this Act, excluding the power to appoint the members of the council, to the Director-General or any other member of the staff of the department. (2) The council may delegate any of its powers in terms of this Act to a committee. a staff memb”er 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 2,5(1) and 34(1 )(a). (3) The registrar may delegate any of hls 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 registrar. Offences and penalties 10 15 20 25 39 3s 40 45 42. (1) A person contravening sectiorl 19(2), 24, 26(8), or 32(8)(a),(b),(e) or f“), is 50 guilty of an offence. ( 2 ) 11’ the council \vilfully or in o :rossiy negligen[ manner fails to colnpl! i\lth section I 5( ~) il is guilly Of m offence ancl ii:?ci>lc to a tint calculated according to the r:~tio cknnined fo] a period of five yetim’ imprisonment in terms of the Adjustment of Fines ~ct lggl (3) A person convicted of an otience in terms of section 19(2), may be ii~ble i~ a t;ne 5 equal to double the rernunera[ion received by him or her for work done in contr~venliorr of section 19(2), cJr to a fine equal to the fines calculated according to the ratio determined foi- three years imprisonment in terms of the Adjustment of Fines Act, 1991. (4) A person who is convicted of an offence in terms of section 24 or 26(8), may be liable to a fine calculated according to the ratio determined for a period of one mon[!l 10 ililprisonment in terms of the Adjustment of Fines Act. 1991. (5) A person who is con\icted of an offence in terms of section 32(8)(a), (L/,(e) or (f;. may be liabie to a fine equal to the fine calculated according to the ratio de~ennined for thl-ee years imprisonment in terms of the Adjustment clf Fines Act, 1991. Transitional provisions 15 43. ( 1 ) For the purposes of this section— (a) “affected area” means the national territories of the former Transkei. Elophuthatswana, Venda and Ciskei and the temtories of the former Gazankulu, KaNgwane, KwaNdebele, KwaZUIU, Lebowa and Qwaqwa: and (b) “effective date’” means the date of the first meeting of the council. 20 (2) The South African Council for Valuers established by section 2 of the Valuers’ ,4ct, 1982 (Act No. 23 of 1982), continues to exist and may exercise its pGwers and perform its functions after the commencement of this Act until the effective dzte. (3) The South African Council for Valuers must. within 30 days from the date of commencement of this Act, invite nominations for the first appointment of members in 25 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. (he existing voluntary associations within rhe property valuation profession are deemed to be recognised In terms of section 26. (5) From the effective date, all rights, obligations, assets and liabilities acquired or 30 incurred by the South African Council for Valuers in terms of the Valuers’ Act, 1982, vest in the council and the council is deemed to have acquired or incurred those rights, obligations, assets and liabilities in terms of this Act. (6) Any act performed. decision taken, or rule made or purported to have been so performed, taken or made in terms of the Valuers’ Act. 1982. by the South African 35 Council for Valuers remains valid unless repealed under this Act. (7) Any notice issued or exemption granted by the Minister in terms of the Valuers’ Act, 1982, remains valid unless repealed under this Act. (8) Any person who at the commencement of this Act is registered in terms of the Valuers’ Act, 1982, is deemed to be registered in the corresponding category provided 40 for in this Act. (9) Any person who at the commencement of this .4ct, is registered as a valuer or associated valuer and holds a certificate of temporary registration issued in terms of the valuers’ Act, 1982, is deemed to be registered as a valuer or associated wdrrer in terms of this Act, until his or her certificate of temporary registration expires, after which the 45 council must determine the calegory in which he or she is to be registered. (10) From the effective date. any register maintained in terms of the Valuers’ Act, 1982, is incorporated in and is considered to form paJl of a register to be maintained in terms of this Act. ( 11) Any action taken in terms of sections 17 to 21 of the Valuers’ Act, 1982, which 50 is pendirig at the commencement date of this Act. must be finalised in terms of that Act. (12) i4t the end of tbe first term of the cmrncrl 50 per cent of the members of the council may not be reappointed by the h41nister. .; (> NC). 21s2: —-.———. —-... . ..-.— .—— —-— .—.——— CiO’i; L;. RY\l EFl (; ’4 ZF1”TE, ! r) EcEktb ER ?000” AC{ No. 47.2000 !lR(jpLRTY ‘,l,\[ L’:RS pR(,)FF,SSi o)< +C ~, ~()()() ( 13) (a) The council must on ~pplicatiou in the prescribe(i form and accompanied by the prescribed registration fee and \ucil infornmtion as may be required by the council. by any person who, with effect from the Cfiective date— (i) is ordinarily resi(ient in the aflccted area; (ii) has, for a continuous period of not iess than five years before ihat date, been 5 reguiarly engaged in the affec[ed area in the performance of property valuation work which in the opinion of the council is of suflicien! scope and variety and of a satisfactory nature and standard, register that person as an associated valuer in terms of section 20 and issue to the applicant a certificate of registration in the prescribed form 10 (b) The registration of a person registered in terms of paragraph (a), lapses after a period of two years from the date of that registration or a further period determined by the council. which period may not exceed one yea:. unless that person complies with section 20(2) (a)(ii). (14) A person may not be registered in terms of subsection ( 13), unless he or she has 15 within a period of six months after the effective date, or within a period determined by the council, applied to the council to be registered. Repeal of laws

44. The laws mentioned in the second column of the Schedule are repealed to the extent indicated in the third column of that Schedule. Act binding on State

45. This Act binds the State, Short title and commencement

46. This Act is called the Property Valuers Profession Act, 2000, and commences on a date fixed by the President by proclamation in the Gazerte, 20 25 No. 2182’2 38 —.— ..—.— .————— —...- ..———— —-. .. —______ -.. _.. . ____ ___ GOVERNMEN”~ C~AZ13’lTE. I DECEMBF}< 200() —— Act No. 47,2000 IW.OPER’TY V.4L:.JERS J> R(:IFES S [ON AC-;. ?C,(jt) SCHEDULE (Sectmn 44) No. and year of Act Act NO 23 of 1982 ————— Act No. 7 of 1985 —---------r ———--—.-...——— — title ! Short Valuers’ Ac[, 1982 ——. Extent of repeal .—. ~e whole —— —— - – ----=f Ac( No. 67 of 1987 ‘––--;zf ‘:;O Act No. 14 of 1995 --: I Councils for Architects, Engineers, Quanlity Surveyors and Valuers Act, I 995 —