Landscape Architectural 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) “accredit” means the process of evaluation and recognition by the council of 5 educational programmed offered by educational institutions relating to the landscape architectural profession, and “accreditation” has a corresponding meaning; “actively practise” means to pmctise on an ongoing basis in one of the categories contemplated in section 18, and includes a person qualified in the 10 landscape architectural profession who is employed by any sphere of government or an educational institution; “candidate’’means a person who is registered in terms of section 19(2)(b); “CBE” means the Council for the Built Environment established in terms of 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 Landscape Architectural 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; 20 “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)(u); “registered person” means a person registered in one of the categories 25 referred to in section 18; “registrar” means the person appointed as registrar under section 8(a); “registration” means the process-— (a) of assessment of competency of applicants for the purpose of registration 15 under this Act; and 30 (b) of entering the names of the applicants who qualify into the register referred to in section 11(c); (xv) “rule” means a rule made and in force under this Act; .\cl so. .45, 2000 I AX I.) SCAFII-. -\ KCIIIrF( rLI<+I IVI(IFF-\SIC/>: \(-r. x)()() (x\il (xl’ii) “thi~ Acf “’ InCl I.Ider, on! n o t i c e . (vxkr or IrLIle issued or made under this Act: and “\’O\Llllt~l-\’ aswcid(i(-,il’” ,ne. {ns an:; \ olunt’]ry as~oci ation recognised by the council in term< of Sec[I orI 2.5. Establishment of South African Council f’or the Landscape Architectural Profes- sion 5

2. Theje is hereby established a juristic person to be known as the South African ~CJIU!lCil for the Landscape Architectural Profession. Composition of council .3. ( I ) The COUOCI] consists of the f[~llowing members, appointed by the Minister, the principles of transparency and ;aking i n t o a c c o u n t , among otht:r tilings, representivity ---- ([l) six registered persons, excluding candidates of whom at least four must actively practise in {he landscape architectural 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 i 8, In the prescribed manner: (i?) (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 Board of Control for Landscape Architects established by section 31 B of’ the Architects’ Act, 1970 (Act No. 35 of 1970), who are nominated by [hat Board 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 the voluntary associations and the State. council must invite registered persons, 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(] )(c) becomes necessary, the council must invite the public, by notice in the Gazerte and in any newspaper the council considers necessary. but in at least a leading newspaper in each province, to nominate persons for appointment to the council 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 the invitation or the notice, make and submit its recommendations to the Minister. 10 15 20 25 30 35 (4) The Minister must, within 60 days from the date of the receipt of the nominations 40 from the outgoing council, appoint the new members of the council. (5) [f 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 45 the council, by notice in the Ga:effc, 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. (7) The Minister must, within 30 days from the date of the appointment of the council. determine the time and place of its first meeting, and, thereafter, ~he council must determine the time and place of any future meeting. .50 (> \,, :1>2(1 G()\’1. K.S\f[. YT c:l; +nl-.. i ll[:cF; \fnr:R 2000 Tetrn of o~lce of members of c~)uncil /-5. ( 1 ) 1 he tel”nl oi off!cc Iol’ 1)-:(tly]twl-f () ~ il”l~ cIJLlllC~l h [Our years. but m e m b e rs conlinuc ill otfice un[ll the succecdlns ,.c,un~.~! is duly coms[ituted. ( ?) Subi{’d[ [0 sec[ion 4?( 1 2). <i fltcn]txr cf lhc cvuncil ma} nol sene for more [him tivo consecutive [cl-ms ot’ ofiice. 5 (.3 ) Despl[e subsection ( I ). the k4inister may. by notice in the Gc/:eI/c, after consultation with the council. ex[end the period of of~ice of all [he members of the council for a period of six months. hu[ he or she may oIIly extend the period of otlice [wIce. (4) Lkspile subsection ( I ). rhc h4ini’.ter may. t~y notice in [he Ga:efte. afrer 10 consu]lat~on ivith the counci] t~-rn]in~te (he perioci of office of a member or all the members of the council. (5) The Nlii]ister may only act in terrms of subsection (4) if a new member or a new council has been appointed, on nominations invi[ed by the Minister in the nlannet- provicfed for in section 4. to take over the functions of the member or the council 15 concerned. Disqualification from membership of council and vacation of otilce 6. ( 1 ) A person may not be appointed as a member of the council if that person- (cl ) (b) (c) (d) (e) w) i; not a South African iitizen and ordinarily resident in the Republic; is an unrehabilitated insolvent; 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; subject to subsection (3), has beei] convicted of an offence in a foreign country 25 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 oflice of trust: or has in terms of this Act been found guilty by the disciplinary tribunal o]- the council of improper conduct. 30 20 I (2) A member of the council must vacate his or her office if he or she— (a) becomes disqualified in terms of subsection (1) from being appointed as a member of the council; (h) resigns by written notice addressed to the registrar; (c) is declared by the High Court to be of unsound mind or mentally disordered or 35 is detained under the Mental Health Act, 1973 (Act No. 18 of 19’73); (d) has, without the leave of the council, been absent from more than two consecutive meetings of the council; (e) 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 40 referred to in section 3(1); v) was appointed in terms of section 3(1 )(b) and ceases to be employed by the State; or (s) ceases to be permanently resident in the Republic. (3) For the purposes of subsection (1 )(d), the Minister must take cognizance of the 45 prevailing circumstances in a foreign country relating to a conviction. (4) (a) If a member of the council dies or vacates his or her office before the expiration of his or her term of otfice, 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. (b) If the Minister appoints a person to fill the vacant seat, the appointment must bd 50 made within 60 days from the date on which the vacancy occurred. Election of president and vice-president of council 7. (1) (a) 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 55 and at least one must actively piactise in the landscape architectural profession. s N,). 21s21) (;()\’~; RNhl E.YTCJ,AZETTE. 1 DECENf BER 20’,)() AC1 No. 45.2000 LA Nl)SC.\PE AR CHITECTL’RAI , PROFESSION” ,A(’T. ?()(1() (l)) T’hepresiden( andvice-president hc)lclo?iicci (lrttilep eric)doffoury cars fromthc date of [heir appointment (2) The vice-president must, if ihe Prwiden[ is for any reason unable to xx as pl-esident. perform all the ftrtmtions and [nuy exercise all the powers of tk presickm (3)(c7) If beththe presidc[lt andthevice-preside]lt are fora]ly reason uIlablc topreside 5 at a council meeting. the members present must elect aperson topreside 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. .4ppointment of registrar and staff members of council 10 & (1 j The council— (u) must appoint a registrar; and (b) may employ such staff as it may deem necessary for the carrying out of its functions, on such conditions, including the payment of remuneration and allowances, as it may 15 determine, and may dismiss any person so appointed. (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 [o 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 20 assigned to him or her by the council. Decisions of council 9. (l) 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 25 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 30 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; 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 c)f 40 the council must be convened, the procedure and quorum 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 landscape architectural profession and related matters. 45 35 Powers of council with regard to registration

11. The council may, subject to this Act— (u) consider and decide on any application for registration; (b,) prescribe the period of validity of the registration of a registered person: \l’1 ho 45. 200(1 [..4 N’[>SCAPE .\l K-f{ ?TECT[ ‘1< if. J“ROFESS1OX” ,4(Y 20~)() Powers of council with regard to fees and charges 12. ( 1 ) The council Imry, vith ie~ard to fees and char: es, which are payable to the co,incil, determine- ((I) tipplication fees; (b) registration fees; (c) annual fees, or portion thereof, in respect of a part of a year: (dJ the date cm which any fee or charge is payable: (e) the fees. or portion [hereof, payable in respect of any examination referred to ] () in section 19, conducted by or on behalf of the council; (~) any charge payable for the purposes of the education fund referred to in 15 section 1 5(5); (g) fees payable for a service referred to in section 14(c); (/z) the fees payable for an appeal in terms of section 24(1): or (ij any other fee or charge it considers necessary. (2) The council may grant exemption from payment of application fees, registration 20 fees, annual fees, charges, or a portion thereof referred to in subsection (1). Powers of council with regard to education in landscape architecture ]3. The council may—- (a) (b) (c) (d) (e) (f) (s) (II) (i) (j) (k] 30 subject to seaions 5 and 7 of the Higher Education Act, 1997 (Act No. 101 of 1997), conduct accreditation visits to any educational institution which has a 25 department, school or faculty which offers landscape architectural education! 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 with regard to all educational institutions and their educational programmed with regard to landscape architecture; consult with the Council on Higher Education established in terms of the Higher Education Act, 1997, regarding matters relevant to education in 35 landscape architecture; consult with the South African Qualifications Authority established by the South African Qualifications Authority Act, 1995 (Adt 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 qualifications and professional status in other countries; liaise with the relevant National Standards 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 a standards generating body in 45 terms of those regulations; recognise or withdraw the recognition of any examination contemplated in section 19; enter into an agreement with any person or body of persons, within or outside t}]e Republic, with regard to the recognition of any examination or 50 qualification for the purposes of this Act; give advice or render assistance to any educational institution, voluntary association or examining body with regard to educational facilities for and the training and education of re~istered persons and prospective registered persons; conduct any examination for the purposes of section 19; and determine, aftei consultation wit}] the voluntary associations and registered persons, conditions relating to and the nature and extent of continuing education and training. 55 40 .\ct so. 4:.2000 l.;iSIISC.’\PF \RCtil’rECT[’K.41 l’ROl+SSlo\ ,\ Cr. 2( I(!(I General power-s of council

14. The council may. in xfdition to other powels in [ht~ Act- (li} (/, ) (c) (d) (c) (/7 (K) (h) (i) (J) (k) 5 1 () WX@t. hl~t. }Wtihn. k. S(;1} (N (JkIWW (f~!+fJOSC (Jf’ ITKN’abk [M llTUllO\’d[”lk propmt>) for the efi-ectii e performance WICI exercise of its functions. duties [jr p(ouers; decide upon the manner in kvhicb contracts most be entered into on behalf oi’ [he council: perfor-m anyservice!vithin itscompetencei litisrequestedb yanypersonor body of’ persons. including the State; deter-lnine. subject to section z5, 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 [he landscape architectural profession: encourage and itself undertake research into matters relating to the landscape architectural 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 Lhe enhancement of the sums ot’ the landscape architecturYdl profession; take any steps it considers necessary for the improvement of the standards of serwices rendered by registered persons; create an awareness amongst registered persons of the importance to protect the environment against unsound Landscape architectural practices: take any steps which it considers necessary, where, as a result of landscape architectural related undeflakings, public health and safety is prejudiced: and take any measures it considers necessary for the proper performance and 25 exercise of its functions, duties or powers or to achieve the objectives of this Act. 15 20 Funds of council and keeping and auditing of accounts 15. (1) Tine 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 30 fines and penalties imposed by tbe council. (2) The council may – (a) collect and invest funds of the council; (b) raise money by way of loan for the purpose of effectively performing its functions; (c) with a view to the promotion of any matter relating to the landscape architectural profession, lend money against 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 purpose of education, training and continuing education and training of registered persons and students in the landscape architectural profession. (6) The council must keep full and correct account of all monies received and expended by it. (7) (a) The council must annually prepare a statement of income and expenditure and a balance sheet showing its financial position as at 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. 80 of 1 9 9 1 ). (c’) A COPY of the audited statement and balance sheet must be open for inspection at the offices of the council. 35 40 45 50 ~s I S ) “rhc Councii mLI$t. !\ ithin six n“IOIILh:. I“roli] [he I-’IoM’ of each finarw:iai yew’ or such o t h e r ’ period as may be a~l-ecd to t! 1!1< kfinis(rr df(el- a request b?’ the council. suhmil the audited SII[eInellt Jnd bo]all(’e shee! to the h!inister .md m!lsl prc”l~idc a col?y to the CBE. (9) The h4inis[er may, wi[h tl~e colmrrrcnce of the klinister of Finance-– (a) ad\ance or grant to the coluncii. 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. ( 1(I i ‘Tf]e council must determine its financla] year. ( i 1 ) The council must apply due care an(i di]igence when in~,esting any money m incurring any expenditure fronl the funds of the council. ~ 1 () Reports to CBE 16. ( I ) The council must, w]thln six months from the close of each financial year. provide the CBE with a report regarding its activities during that financial year. for the 15 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 11(c) must be open for inspection at the otilces of the council. (3) ‘The council must, on request by the CBE. provide the CBE with :iny information regarding a registered person. Committees of council 20 17. (1) (a) The council may establish any committee, including an investigating committee, to assist it in the performance of its functions and may appoint any person as a member of that committee. (b) If the council does not designate a chairperson for a committee, the committee 25 may, at its tirst tneeting, 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 the council. Categories of registration 1& The categories in which a person may register in the landscape architectural profession are— (a) professional, which is divided into-- (i) Professional Landscape Architect; (ii) Professional Landscape Technologist; (iii) Professional Landscape Technician; or (iv) Professional Landscape Assistant; or (b) candidate, which is divided into— (i) Candidate Landscape Architect; (ii) Candidate Landscape Technologist; (iii ) Candidate Landscape Technician; or (iv) Candidate Landscape Assist~nt: or (c) specified cate~ories prescribed by the council. (2) A person may not practise in any of the categories contemplated in subsection(1). unless he or she is registered in that category. (3) .A person who is registered in the category of candidate must perform work in the landscape architectural profession only under the supervision and control of a professional of a category, as prescribed. Registration 30 35 40 45 19. ( 1 ) (a) A person must apply. in the prescribed application form, to the council for 50 registration in a category ~eferred to in section 18(1). (b) The application form refen-ed to in paragraph (a) must be accompanied by the prescribed fee. .4CI .No. J5, ~0()()

1. A,NDSC,4PE .4 R(-Hi”i_IXV_{ “R,A, i. r’ROFTXSION( ,\ C’I’, :ol.)~.) (2) llIc council must r e g i s t e r rhe appliczmt in the relevanr category tind Issue a registration Cefliticate to [he \LlcCCS!,f.41 :1.ppiicant ]n the p r e s c r i b e d f o r m i f . after consideration of an application. [he cc,i.trc I! is satisfied that the applicar!t-- (C:) ((!?) (I) has demonstrated hi\ or her competence as measumd apainsl StWICidrdi determined by the cour:ci! for the relevant category of registm[ion; and [ii) has passed any additional examinations that may be determined b> the council; in the case of a person applylng for registration as a candidate or as a candidate in a specified catego~. has satisfied the relevant educational outcomes determined by the council for this purpose. by— (i) ha~ingpassed accredited orrecognised exan]il~ations atanyedllcation:il institution ofl%rins edllcational progmmmes in landscape architecture; and (ii) having passed any other examination that may be determined by the council; or (3)(a J (i) (ii) (iii) (iv) (v) (vi) (iii) presenting evidence of prior !earning in landscape architecture. Despite subsection (2), the crxmcil may refuse to register an applicant–– if the applicant has been removed from an office of trust on account of improper conduct; has been convicted of an offmce in the Republic, other than an offence commit~ed 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 con~-icted 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 lmprisonrnent or both; if the applicant is declared by the High Coufi 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 insoivent whose insolvency was caused by his or her 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 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 in paragraph (a). (4) For the purposes 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 20. (1) (a) The council may cancel the registration of a registered person if he or she- (i) becomes disqualified from registration as contemplated in section J 9(3): (ii) has erroneously been registered, or has been registered on information subsequently proved to be false: or (iii) fails to pay the prescribed annlJal fee or portion thereof, within 60 days from it becoming due or within such further period as the council may allow, bifher before m after the expiry of the 60 days. {b) The council must pro~’ide the registered person with a notice of a cane.:ilatmri refer,-ed to in paragraph (a). (2,) If a persGn who is registered as a candidate qualifies io be registered as a proirsslorla] in iEXmS of Seccion ~~(~)(a), the CCJUf’iCil must cancel his or her regis:ratlon as a cawiidat?. Is s<! 21s2(1 Act %’0. 45, il(l(l (.10’.’ERNl!:S1S1 (.; .-\l E.”rT’ l:. I r):l-t;:,’1}11~1< ?!)o(~ L\Nf).sc-’’\PE .Il:(’ii:’!!:f’’( ’:.’ R \L. [’1<( )} ’FSS1O:N .\(.’”[. 2{)(1(: (.3) ~he counci! tmU\t at (he \J’l”iTtt’IL rques[ of anj f“eg:stcl”ed petwll CJIIC?I his or’ her rcgistrdtioll. blut lvherc wl int e..ti;; titicn into alleged ilnpmpcr coliduc! by that tmwn is in prngress 01 Is to be held. the l-e:: i- Wa[it)t) nIiLy iiO( k Can<;elled until dle injesliga:ion has been cunc!tided. (4) Despite thecancelli~tiol~ (] f~heregislr;itic~ [loiaregistered persc~n intermsofthls 5 wction. dmt person remains liable for any fee, :]rreors or penalty inlm)sed by rile councii fortheperiod [hat heor’she wwregistered. Authorised tit!es 21. (l) Aperson who isregistereclin anv of the categories referred to in section 18(i) I may describe himself or herself as and use the title— Prolessic)md Landscape Architect: Professional Landscape Technologist; Professional LardscapeTe chnician; Professional Landscape Assistant; Candidate Landscape Architect; Candidate i.findscape Technologist: Candidate Landscape Technician; or Candidate Landscape Assistant. ((l) (b) (c’) (d) (e) (f) (g) I 11) [2) A re,glstered person may LIS~ a ti[]e prescribed by the council for tht specified category. (3) .4 registered person must use his or her title in all landscape architectural reports and other documentation relating to his or her work in the landscape architectural profession, prepared by or for him or her. (4] The council may determine abbreviations or acronyms for the titles referred to in subsection (1). Renewal of registration 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 previously registered and whose registration was cancelled in terms of section 20( 1 )(a)(iii), if he or she has paid–- (cr) 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 hirh or her by the council. Return of registration certificate 10 ~[] 25 30 35

23. Any persorj whose registration has been cancel led in terms of this Act, must return 40 his or her registration certificate to the registrar within 30 days from the ck~te on which he or she is directeci 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 registration, other than a cancellation in terms of section 45 ZO( I )(a)(iii) or 32(3) (a)(iv), did not comply with section ~~ 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 a~ainst that decision. (2) The ccuncil must, fit its first ersuing meeting, within 50 days from the date of the 50 wceipt of the appeal, decide on the appeal and provide the appellant with reascns for its decision. I 20 —— N(). 2 I S?() —-— G()~;t:RN\lEt\;l GAzETTE. I IIE(-EMBER 2000 - —. ,tc( so. .45. 2000 LA\ IIS(.-.4E’E 41{ C}{lTECTliR.AI PR[)FESSIOX /\ CT, 2000” (3) If an appeal is lod~ed against a refusal o!’ a cmnnlittee to renew the registration of a registered person, the registration of iha[ person may nor be L-ancelled un[ii the appeal has been decided. Recognition of voluntary associations 25. (1) The council must. within 90 days from tile date of its first meeting, submit the 5 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 14(d). recognise that association and issue it with a 10 certificate of recognition. (~) A certificate of recognition is valid for J 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 ofilce. (6) The recognition of a voluntary association lapses— 15 (a) 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. 20 (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— (u,J all voluntary associations; (b) any person: (c) any body; or (d) any industry, that may be affected by any laws regulating the built environment professions regarding 30 the identification of the type of landscape architectural 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 35 CBE regarding the work identified in terms of subsection (I), 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 be held out 40 as a person registered in terms of this Act; (c) use the name of any registered person or any name or title referred to in 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 prohibitin~ any person from performing work identified in terrms 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. 45 50 -, . -. x(>. 21 S20 .———-——... G{)\ ERh’\fE.XT’ GAZETTE. I DECl:\l F3EK :?(K)(I ————— .—.— ,ict No. 45. .2000 I. AN DSCAPE .-\ RCtllTM’T(llll. PROFESSION” .A(:T, 2000 Professional conduct 27. ( 1 ) ~!le council mUst. in consultation with the CBE. voluntary associations and registered persons, draw up a cock of crmdua for re:islercxl persom. (~) (L~) The council is responsible for a(iministering the code of conduct and must ensure that the code is available to all members of the public ot all reasonable times. 5 (/7) 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 28. (]) The cotincil must refer any matter brought against a registered Person to an 10 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 kler 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— (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. 15 20 25 Charge of improper conduct 29. (1) The council must, after considering a report of the investigating committee in 30 terms of section 28(2)(6) 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. 35 (3) A charge sheet must inform the registered person charged— (u) 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; 40 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 admiis 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 45 or she has explained his or her conduct. (b) The council may, slubject 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 (a). (5) The acquittal or the con~~iction of a registered person by a court of law on a 50 criminal charge is not a bar to proceedings against him or her under this Act on a charge of improper conduct, even if the fiacts 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 55 ,\cl N(I. 45,20()() l. AN[lS(-,\PE \RCt JITE(-”l’L’RA1. }>ROFESSloS” ACT. 2000 Appointment of disciplinary tribunal 30. ( 1 j The council inrrst appoit}t a disciplinary [ribunal to }war;] charge of impropel conduct if a person chwged- (u) denies [he charge; or (b) ~aiis to comply with section 29(3)(/)). (2) The disciplinary tribunal must consist of at least— ((~) 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 WI1O has appropriate experience. Disciplinary hearing 31. (1) The disciplinary hearing most be conducted by the disciplinary tribunal. (2) The disciplinary triburra] 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 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 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 [erms of paragraph (a). must— 5 10 15 20 (i) be in the prescribed form; (ii) be signed by the chairperson of the disciplinary tribunal or, in his or her 25 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 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— (u) (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 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 in terms of section 29(3)(b) or (c); (ii) 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— (u) 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 witne,ss who has been subpoenaed may not— 30 35 40 45 50 55 s{). 21s![1 2 f, ———-.—.— —————————. .———.—.—— .—. .—. .——— ——— .—. —.. .. —- G(n;mxim.v G,4Z[;TTIZ. I IX(. Eivrs3tm 200(1 kct No. 45.2000

1. AN[)S(.4PE ,$. RCl{lTEC”f(’l?,\l. PR[)FISSroX .A(”T. 2000 ( i ) u’i[houl sufhci~il[ cirLIw. iiii] ((~ attend the hearing at t h e t i m e and piace specitied in [he subpoen~.. (ii) refuse to be sworn in or tc b? atlimwci as a w itncss: (iii) without sufficient catrse, fai! to answer fully zmd witisfactorily to the best ofhi.i or hcr knowledge to all quest ioils Iav fully pot to him or her; or (iv) fail to produce any book. document or object in his or her possession OK custody or under his or Iwr coo[rol which he or she has been required to produce. (b) A witness who has been subpoenaed must remain in attendance until excused by the chairperson of the disciplinary tribunal from further attendance. (c) A witness who has been subpoenaed may request that the names of the members y 10 of the disciplinary tribunal be made available to him or her. (d) The law relating to privilege, as applicable to a witness subpoenaed to givt 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 !5 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 witness, give a false statement on any matter, knowing that answer or statement to be false. (f) 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. 20 (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 25 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 procedural] y fair. (10) If the improper conduct with which the registered person is charged amounts to 30 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. (]) 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 disciplinary tribunal finds that the registered person charged is guilty of improper conduct, take cog,nisance of any aggravating or mitigating circum- stances; 35 40 (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. 45 (2) A registered person found guilty of improper conduct in terms of this section may— (cl) address the disciplinary tribunal in mitigation of sentence; and (b) call witnesses to give evidence on his or her behalf in mitigation of the sentence. 50 (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 55 Fines Act, 1991 (Act No. 101 of 1991); ,Acl so. 45.2000 I.,!NUS[ APE ,\R.(’till’EC’”I’i.lR,\i PR()~E5Sl()!J ACT’. 2000 ( i i i ) suspemi the registralioi~ I.]!’ tlw rrfgislrrcd pwmn cc~nccrned Ior a perimi not exceeding OHC year; or [ i~’ ) cancel the r e g i s t r a t i o n of the re::is:cl-ed pcIson cx:acerned mcl renmve h:s or her n a m e km; the ie~iSt!~r Aerred to ill srciion 1 I ((), (b) ~fle d i s c i p l i n a r y tribuna! tnray tahc c~ccjsion~ under incm !lIX o n e of t he subparagraphs of paragraph (a). (4) At (1R conclusion of the hearing the disciplinary tribunal must notify the council of its finding. (5] ‘The council must publish the finding and dle sanction imposed in terms of subsection (3) in the Ga:e/:e (6) The council must give effect to the rfecision of the disciplinary tribunal. 5 10 Appeal against decision of disciplinary tribunal 33. (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, m both. (b) The appeal must be lodged, within 30 days after the disciplinary tribunal has 1s informed the registered pers,crn of its decision. (2) The council maY–- (a) dismiss [he appeal against the decision of the disciplinary tribunal and contirrn 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 j If an appeal is dismissed in terms oi subsection (’2)(u) 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. (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 cme month from the date of the decision of the CBE. (6) (u) 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 of the CBE. Professional f’ees 34. (1) The council must, in consultation with the voluntary associations. formullte 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. 20 25 30 35 40 determine guideline professional fees and publish those fees in the Ga:erfc. (3) The CBE may review the guideline professional fees published by the council, and 45 refer the fees back to the council for reconsider~tion. (4) If the council, after review by the CBE of the guideline professional fees, is aggrieved about that review, it may refer the ma[ter to the Minister for a final decision. (5)i4ny person who is aggrievtd by the guideline professional fees published in terms of subsection (2), may bring the matter to the attention of the CBE within 60 days frcwil such publication. 50 Appeal against certain decisions of council SS. (J) An y member <>f the put]ic WhOSe jntercsts and rights are affected by a de,ci sion made by the council may----~ ict No. 45. 2(!(K) I. ANI>SCAPE ARC[][”lFC’[”[ IRAL PRO FI”;S, $II ?,\ .4[””]’. .:[)[() ((1) (1?) !.$”itbin ;() days from that per~(>n b~coil:]ng aw:ire of the d e c i s i o n . rt!q LIest L]w c o u n c i l i n \vriting (~) fuI-nlsh him w hcr in vlritin: with its m~,.onj for Ihat Lkcl:>! on; \\ ithin 90 davs irolm the cbte on which the couiwil furnished him or her with its reasons for that decision and after giving notice to [be council. appeal to the CBE against that decision in [erms of’ section 2 I of the Council for the ~Llj][ Eilvironmen[ 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 [he decision of the council or (he C13E. Rules 36. ( 1 ) The council may, by notice in the Gacetre, 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 relution to any power granted or duty imposed by this Act. (2) (u) Before the council makes any rule under this section, it must publish a Liriift of the proposed rule in the Ga:erte 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 nrle 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 11 (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 registrar to the effect that an entry has or bas 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 certificate. (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 as evidence in all courts without further proof or production of the original. Rectification of errors and exemptions 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 satistied that the failure was due to error or oversight, authorise it to be done 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 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 arry provision of this Act for a period not exceeding two years: ~ (b). The exemption referred to in paragraph (a) must comply with the rules contemplated in subsectio~: (2). [.iability 39. ( I ) The council. the registrar, or any me]liber. commit[ce or stall’ nwmbei- of the council, is not liable for any act performed in good t’~ith in terms of this Act. (~) A registered person who. in t}w plibfic interest--- (a) refuses to perform an act: (b) otnits to perform an act: or (c) infolms the council or other appropriate authority of an act or olmission performed by any other person, ~.vhich acr or omission endangers or is likely to endanger the safety or health of the public or fellow employees. is not Iiab]e for that refusal. omission or information, (3) Any person who was registered in terms of lhis Act and whose registration was cancelled. is liable for any action taken bv him or her while he or she was registered. 5 10 Delegation of powers 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 15 any othei 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 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 )(a). (3) The registrar may delegate any of his or her powers in terms of this Act, to a 20 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 25 41. (1) A person contravening section 18(2), 23, 25(8) or 3 I (8)(r2). (6), (e) or (~) is guilty of rm offence. (2) If the council wilfully or in a grossly negligent manner fails to comply with section 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’ imprisonment in terms of the Adjustment of Fines 30 Act, 1991. (3) A person ccmvicted of an offence in terms of section 18(2) maybe liable to a fine equal to double the remuneration received by him or her for work done in contravention 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 Act, 1991. (4) A person who is convicted 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. 35 (5) A person who is convicted of an offence in terms of section 31 (8)(a), (b), (e) or ~), may be liable to a fine equal to the fine calculated according to the ratio determined for 40 three years imprisonment in terms of the Adjustment of Fines 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 Board of Control for Landscape Architects established by section 31 B of the 45 Architects’ Act, 1970 (Act No. 35 of ! 970). con~inues to exist and may exercise its powers and perform its functions after the commencement of this .Act until the effective date. (3) Thc 130Lw(I olCOII[~<)l foI Ldtlt.i>~i]p( AI( hiftcts IIIIIS[. ivitliin 30 L!ajs l]~in thc dale c~fcoIll]me]31:ei33ent 0! Ihi$ Act, ir(’it< no[ntna[ioi~s for the first api.)[~iti{tn~nt of lnemhers in acccmkmce with section 4. (~) For the purpose oftlle l:~miilati~ns referred (o in ~e~ti~ti 4 and fcr the first term of otilce of the council. the existing voluntary a s s o c i a t i on withitl the architectural profession are LleeIned to be recognised in terr’ms of’ seclion 25. limdscapc 5 (5) Any person practisi[]g as an lanc!scape technologist, lundscape technici~m or landscape assistant as well as a candidate in any of these categories, may continue to practise as such and is deemed to be a legistered person until a date determined by the Minister in the Ga:ef~~. (6) From the effective date, all rights. obligations. assets and liabilities ticquired or in~llmed by [he ~c~:lrd of Con[rol foI I.,andscape Architects in terms of the Architects’ Act, 1970, 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. 10 (7) Any act performed, decision taken. or rule made or purported to have been so 15 preformed, taken or made in terms of’ the Architects’ Act. 1970. by the Board of Control for Landscape Architects remains valid unle:;s repealed under this Act. (8) Any notice issued or exemption granted by the Minister in terms of the Architects’ Act, 1970, remains valid unless repealed under this Act. (9) Any person who at the commencement of this Act is registered in terms of a rule 20 contemplated in section 31 B( 13) of the Architects’ Act. 1970, is deemed to be registered in the corresponding category provided for in this Act. (10) From the effective date. any register maintained in terms of the Architects’ Act, 1970, is incorporated in and is considered to form pm-t of a register to be maintained it] terms of this A~t. { 11) Any action taken jn terms of section 24 of the Architects’ Act, 1970, which is pending at the commencement date of this Act, must be finalised in terms of that Act. (12) At the end of the first term of the council 50 per cent of the members of the council may not be reappointed by the htinister. Act binding on State

43. This Act binds the State. Short title and commencement 44. ‘I’his Act is called the Landscape Architectural Profession Act, 2000, and commences on a date fixed by the President by Proclamation in the Gazttc. 25 30