23. Any person whose r:;is[ration has been cancel]ed in terms of this Act, must return his or her registration certificate to the chief executive officer within 30 days from the date on which he or she is directed by the chief executive officer in writing to do SO. Grievance procedure in relation to registration 24. ( 1 ) If an applicant is of the opinion that :1 committee, in its refusal to register him or her, or to cancel his or her registration. other than a cancellation in [erms of section 40 45 50 1 I I z()( ] ‘I(<r){jil} ~1- 3~(3)(C//(i,,). did noL como]., with section .33 of the [-or]sli[u~iml. Iha[ “’- ~~ f’kes znd within 30 day~ from the date on applicam may. on payment of the plf:\crltjL which [he refusal o!- cancellation came to his or her krrowiedge. ~ppeuf to the council against that chxisicm. (~’) ‘The ~~uncll must. at i[s fiIst ens;]ing me~ting, within 60 days from the date of the :5 receipt of the appea!, decide on the appeal and pro\ide the appellant with reasons for its decision (3) If an appeal is lodged agains[ 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 II:M been decided. Recognition of voluntary associations 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. (~) Any ~,ol~lntary 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 14(d), recognise that association and issue it with a certificate of recognition. 10 15 (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 m a prominent 2(! place at its head office. (6) The recognition of a voluntary association lapses-– (u) if that association no longer comp!ies with the requirements contemplated in section 14(dJ; 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; (b) any person; (c) any body; or (d) any industry, 25 30 35 that may be affected by any laws regulating the built environment professions regarcfmg the identificaticm of the type of engineering work which may be performed kJy persons registered in any of the categories referred to in section 18, including work which rnaj fall within the scope of any other profession regulated by the professions’ Acts referred 40 to in the Council for the Built Environment Act, 2000. (~) After the process of consultation the council must submit recommendations to the CBE regarding the work identified in terms of subsection (1), i“or its consideration and identification in terms of section 20 of the Council for the Built Environmer]& 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 be held otit as a person registered in terms of this Act; (c) use the Illme of any registered person or any name or title refcxred to in section 18 or 21; CT (J) perform any act indicating, or calculated to lead persons to believe, d~at he ox she is reglsterec! in terms of this Act. (4) SIJbsectiQn (s)(a) m a y n o t be conshued a s p r o h i b i t i n g any person from 45 50 ~~ _- —-.—— .————.—.———. No. 21821 ———.—. .. —. —___ —.. _-— .-— GcJ~,ERNhlENTG~lZI:mE. I DECEMBER?()(W Act No. 46. 2{)00 ENGINEERING PR0Ff3$10N ACT. 2000 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, super\’ ision of or in association with a registered person entitled to perform the \vork identified and v’ho must assume responsibility for any work so performed. Professional conduct 27. (1) The council must. in consultation with the CBE, voluntary associations and registered persons, draw up a code of conduct for registered persons and may draw up a code of practice. (2) (a) The council is responsible for administering the code of conduct and the code of practice and must ensure that the codes are available to all members of the public at ail reasonable times. (b) The council must provide the CBE with copies of both codes. (3) All registered persons must comply with the code of conduct and the code of practice and failure to do so constitutes improper conduct. Investigation of charge of improper conduct 5 10 15 28. (1) The council must refer any matter brought against a registered person to an investigating committee contemplated in section 17 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 20 against a registered peism 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 25 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 she— (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 maybe 30 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 35 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 40 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 45 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. (4) (a) If a registered person charged admits that he or she is guilty of the charge. he 50 ‘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 paragraph (u). 55 N(1. ?1821 24 .————— .4ct No. 46, 2000 GO\’F.RNMEh’T GAZEITE. I DECEMt?ER?OOO .—.——..——— —. ENGINEERING PROFESSION ACT, 2000 (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 fi~cls slated in the charge of improper conduct would, if proved, conshtute the oflence 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 5 or convicted at his or her trial cm 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 Ieast—- (a) 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. 10 15 Disciplinary hearing 31. (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 assist it in the performance of its functions. (3) (a) The disciplinary tribunal may, for the purposes of a hearing, subpoena any 20 person— (i) who in its opinion may be able to give material information concerning the 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 25 subject of the hearing, to appear before the disciplinary tribunal at the time and place specified in the subpoena, 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 30 absence, any member of the disciplinary tribunal; and (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 3.5 of subsection (3) for the duration of the hearing. (5) The chairperson of the disciplinary tribunal may call upon and administer an oath 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 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 40 45 charge; and (vi) may have access to documents produced in evidence; (b) (i) 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 50 in terms of section 29(3)(b) or (c); (ii) may, in the case where he or she makes an admission in terms of subparagr~ph (i), be deemed to be guilty of improper conduct as charged. 2(1 No 21s21 ;\cf N(). 46.2000 cl(.)\ F. RNNIF.N”I GLn3-t’tz, I DECEMBER 20(XJ . . ENGI!iF.ER.lh-c PROFESS1O> .wr. 20(K) (7) The person referred to in subsection (2) ma, during a hearing--- (a) (b,l (c) lead e\idence a n d a d v a n c e argwments in support of the charge and cl-oss-examine \vitn.esses: question any person who was subpoenaed in terms of subsection (3); Or c:iil anyone [o ~ive evidence or to produce any book, document or object in his or her”possess~on or custody or ‘under his & her control which the person referred to in subsection (2) suspects or believes to have a bearing on the subject of the hearing. (8) (u) A witness who has been subpoenaed may not— (i) without sufficient cause, fail to attend the hearing at the time and place ~pe~ified 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 ~ 10 15 the chairperson of the disciplinary tribunal from further attendance. (c) A witness who has been subpoenaed may request that the names of the members 20 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 necessmy 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 afhrmed as a witness, give a false statement on any matter, knowing that answer or statement to be false. (~) A person may not prevent another person from complymg 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 32. (1) After the conclusion of the hearing the disciplinary tribunal must, within 30 days— (a) decide whether or not the registered person charged is guilty of improper conduct; (b) if the disciphnary tribunal finds that the registered person charged is guilty of improper conduct, take, cognizance of any aggravating or mitigating circum- stances; (c) inform the registered person charged and the council of the finding; and (d) inform the registered person of his or her right of appeal in terms of section 33. (2) A registered person found guilty of improper conduct in terms of this section may --- 25 30 35 40 45 50 55 (a) address the disciplinary tribunal in mitigation of sentence: and (b) call witnesses to give e\idence on his or her behalf in mitigati(m of the sentence. (3) (a) If the registered persori chqed is found gu[lty of improper condtrct, or if he m sk admits that be m she is guilty of the char:e. the disciplinary tribunal must either— 5 (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, 199i (Act No. 101 of 1991); (iii) suspend the registration of the registered person concerned for a period not 10 exceeding one year; or (iv) carlcel 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 subparagraphs of paragraph (a). (4) At the conclusion of the hearing the disciplinary tribunal must notify the council 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 33. (1) (u) 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- (a) dismiss the appeal against the decision of the disciplinary tribunal and confirm the tinding 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,l the appellant may, within 30 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 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 appropriate High Court. 15 20 25 30 35 (h) A person referred to in paragraph (a) must, after giving notice to the CBE, lodge 40 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, after giving notice to the CBE, lodge a notice of appeal with the 45 registrar of the appropriate High CoUfi within one month from the date of the decision of the CBE. Professional fees 34. (1) The council must, in consultation with the voluntary associations, represen- tatives of service providers and clients in the public and private sector, formulate 50 recommendations with regard to the principles referred to in section 4(k)(v) of the Council for the Built Environment Act, 2000. 30 No. 21S21 ,~ct No. 46, 2000 GOVERNMENT GAZEITE, 1 DECEMBER 2000 ENGINEERING PROFESSION 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 pu~lish thQse 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 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 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— (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 in 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. (2) A person referred to in subsection ( 1) may, after giving notice to the council 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 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 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 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. (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 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. Procedure and evidence for evidential purposes 37. (1) The register referred 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. (2) A certificate purporting to be signed by the chief executive officer to the effect 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 specltied in that certificate. (~) A copy Of an entry in the register or of a document in [he custody of the chief executive officer or an extract from the register or from any such document. purporting to be certified by the chief executive officer, may be admitted in evidence in all courts without further proof or production of the original. 5 10 15 20 25 30 35 40 45 50 I .-..~ Rectification of errors and exemptions 38. ( 1 ) “h’hen anyt!lin: which according to this Act is required to bc (lone or performed on m before a slpmfied ckay or al a specified time or during a specified period, has not been done or performed. the Minister may, if stitistled that the failure was due to error or o\~ersight, authorise it to be done or performed on or before another day, time. or during 5 another period and anything done or performed in this regard is of full force and 1s 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. 10 (b) The exemption refereed to in paragraph (u) must comply with the rules 15 contemplated in subsection (2). Liability 39. (1) The council, the chief executive officer, 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 20 25 30 40. (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 official of the department. (2) The council may delegate any of its powers in terms of this Act to a committee, a staff member or a member of the counciI or any other person or body of persons, 35 excluding the power to hear an appeal in terms of sections 24(1) and 33(1)(a). (3) The chief executive officer 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 40 the chief executive officer. Offences and penalties 41. ( 1 ) A person contravening section 18(2), 23, 25(8) or 31 (8)(a), (b), (e) or (j), is guilty of an offence. (2) If the council wilfully or in a grossly negligent manner fails to comply with section 45 15(8) it is guilty of an offence and liable to a fine calculated according to the ratio determined for a period of five years’ impr~sonment 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 contravention 50 of section 18(2), ox 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. (4) Aperscm whoi:;cc~ll\ictedclf:l:l ojfence in ternlsofsectim) 230r 25(8), may be liable tc)LlhIle calculated accordiIlg t()ttle l:itiOdeterll-,l lle(i fOl-apel-iodO foileln(>l;tl:” imprisonment in tert~ls ol’the AdlLtstrl]t’nt of ’F’ines Act. 1991. (5) 4 person who is convic(ed of an offencc in terms of section 31 (8)(a). (h). (e) or (f). mdy he liable to a fine equai to thr fine calculated :iccmding 10 the ratio determined [o]- ~ thr~e years imprisonment interrlJs of the Adjustmento fFines Act, 1991. Transitional provisions 42. (1) For the purposes of this section. “effective date” means the date of the first meeting of the council. (2) The Engineering Councii of So(lth Africa established by section 2 of the Engineering Profession of South Africa Act. 1990 (Act No. 114 of 1990). continues to exist and may exercise its powers and perform its functlrms aftel- the commencement of this Act until the effective date, (3) From the effective date, ail rights, obligations. assets and liabilities acquired or incurred by the Engineering Council of South Africa in terms of the Engineering Profession of South Africa Act, 1990, vest in the council and the council is deemed to have acqumed or incurred [hose rights. obligations, assets and liabilities in terms of this .Act. (4) The Minister must, after consultation with the Engineering Council of South Africa, determine the voluntary associations and ether nominating bodies referred to in section 4 for the purpose of inviting nominations for the appointment of the first council. (5) The Engineering Council of South Africa must, within 30 days from the date of commencement of this Act, invite nominations for the first appointment of melnbers in accordance with section 4. (6) Any act performed, decision taken, or rule made or purported to have been so performed, taken or made in terms of the Engineering Profession of South Africa Act. 1990, by the Engineering Council of South Africa remains valid unless repealed under this Act. (7) Any notice issued or exemption granted by the Minister in terms of the Engineering Profession of South Africa Act., 1990, remains valid unless repealed under this Act. (8) Subject to subsection (1 1), any person who at the commencement of this Act is registered in terms of the Engineering Profession of South Africa Act, 1990, 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 Engineering Profession of South Africa Act, 1990, is incorporated in and is considered to form part of a register to be maintained in terms of this Act. ( 10) Any action taken in terms of sections 17 to 21 of the Engineering Profession of South Africa Act, 1990, which is pending at the commencement date of this Act, must be finalised in terms of that Act. (11 ) A person who is registered as an engineering technician in terms of section 14(1) and (2) of the Engineering Profession of South Africa Act, 1990, remains registered as such. until that person is registered as a professional engineering technician in terms of this Act, (12) A person who is registered as an engineering technician in training in terms of the Engineering Profession of South Africa Act, 1990, is considered to be registered as a candidate engineering technician in terms of this Act. ( 13) At the end of the first term of the counci! 50 per cent of the members of the council may not be reappointed by the Minister. Repeal of laws 43. ‘The laws mentioned in the second column of [he 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 naticnal ter~itory iniiicated iri the fourth columr~. 10 15 20 25 30 35 40 45 so 3(, X(). 21s21 Act NO. 46. 200(~ CioV”ERX\lENTG AZE~E. 1 DECEMBER 2(JO() I ENGINEERING PROI:IX+SIC)NA[:T, 200(1 Act binding on State