Architectural Profession Act

1. In this Act, unless the context otherwise indicates— (i) “accredit” means the process of evaluation and recognition by the council of educational programmed offered by educational institutions relating to the tichitectural profession, and “accreditation” has a corresponding meaning; “actively practise” means to practise cm an ongoing basis in one of the categories contemplated in section 18, and includes a person qualified in the 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 the 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; “Minister” means the Minister responsible for public works; “prescribe” means prescribed by a rule made by the council under section 36, and “prescribed” has a corresponding meaning; “professional” means a person who is registered in terms of section 19(2)(a); “registered person” means a person registered under one of the categories referred to in section 18; “registrar” means a person appointed as registrar under section 8(1 )(a); “registration” means the process— I I (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (o) of assessment of competency of applicants for the purpose of registration under this Act: and (b) of entering the names of applicants who qualify into the register refined to in section 1 l(c); (xv) (xvi) “rule” means a rule made and in force under this Act; ‘“this Act” includes any notice, order or rule issued or made under this Act: and 5 10 15 20 ~~ 30 xc) 21s19 4 — —_ Act No. 44.2000 —. G(jVERNhfENT GAZETTE. I DECEMBER 2000 ——— ARCHITECTIJRAL PROFESSI(Jh” ACT. 2000” (xJii) “voluntary association’” means any voluntary association recognised by the council in terms of section 25. Establishment of South African Council for the Architectural Profession

2. There is hereby established a juristic person to be known as the South African Council for the Architectural Profession. 5 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) seven registered persoris, excluding candidates, of whom at least four must 10 actively practise in the 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 18, in the prescribed manner; 15 (b) 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 (c) 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 Architects, 20 established in terms of the Architects’ Act, 1970 (Act No. 35 of 1970), who are nominated by that council 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 and the State, 25 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 necessary, the council must invite the public, by notice in the Gazette and in any newspaper the council 30 considers necessary, but in at least a leading newspaper in each province, to nominate persons for appointment to the council within the 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 35 the Minister. (4) The Minister must, within 60 days from the date of the receipt of the nominations from the outgoing council, appoint new members of the council. (5) If the council receives no or insufficient nominations within the period specified in the invitation or the notice, the Minister may, after consultation with the council, appoint 40 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 Gazette, 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 whic$l 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, the council must determine the time and place of any future meeting, Term of office of members of council 45 50 5. (1) The term of office for members of the council is foul years, but members continue in office until the succeeding ccuncil is duly constituted. .icl ‘((). .14. 2000 AR(. HI ft~.’T( ‘K,-\ I l’l<OFI-.SSlo\” ,\.C’l. ..(KI(I ~j) Sublect to section 42( 12 !. o memlxr 0[ [h? council ma} not wrve for more than two consecutive terms of oflirx (3) Despite suhserti,m ( l). the f~linister Ir.J:, by notice in tile (h:trrc. after consul- tation \vith the council, extend dw period of oiiice of all the members of the council fcr! a period of six months. but he or $hc nmy oniy extend the period of uflice twice. ( 4 ) Despite s u b s e c t i o n ( 1). [he .Minis\er rnuy, by notice in ~he Gaxfte, after consultation u ith the council. terminate the period of ot%ce of a member or ai~ members of the council. (5) The ~tiinister tnayoniy ac~internls ofsubsection( 4)ifa, le,vinel~lberor anew council hm been appointed, m ilorninaticns invited by the Minister in the manner pro\ided for In section 4. to t~ke over the functions of the member or the council concerned. Disqualification from membership of council and vacation of otlice 6. ( 1 ) A person may not be appointed as a member of the council if that persorr— (~) A member of the coun~i] must vacate his or her office if he or she— (Cr) ( bj (c) (d) (e) (f) ((7) (b) (c) (d) (e) (f) (g) ii not a So~ih Africa; ~itizen and ordinarily resident in the Repu~lic; is an unrehabilltated inso]vent: has been convicted oi’ an offence in the Republic, other (ban an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a tine, or, in Lhe case of fraud, to a fine or imprisonment or both; subject to subsection (3), has been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or. in the case of fraud, to a fine or imprisonment or both; has. as a result of improper conduct, been removed from an office of trust: or has in terms of this Act been found guilty by the disciplinary tribunal or the council of improper conduct. becomes disqualified in terms of subsection (1) from being appointed as a member of the council; resigns by written notice addressed to the registrar; is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973); has, without leave of the council, been absent from more than two consecutive meetings of the council; was appointed in terms of section 3( I )(u) and after that appointment a change in his or her circumstances arises that affects the ratio of the membership referred to in section 3(1); was appointed in terms oi’ section 3(1)(b) and ceases to be employed by the State; or ceases to be permanently resident in the Republic. (3) For the purposes of subsecl ion (1 )(d), the Minister must take cognizance of the pre\’ailing circumstances in a foreigrl 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 ofiice, [he Minister may, after consultation with the council znd subject to section 5(1), appoint a person to till the vacancy for the unexpired pomion of the period for which that member was appointed. (b) If the Minister appoints a person to fil! the vacant seat, the appointment must be made within 60 days from the date on which [he vacancy occurred. Election of president and vice-president of council 7. ( 1 ) (a) The members of the council TrliJSt, at the first meeting of every newly constituted council elect a president and vice-president who must be registered perscm.s and at least one must actively practist in the architectural profession. (b) The president and vice-president hold office for the period of four years from tlw date of ti~eir appointment, 5 !0 15 20 25 30 35 40 45 50 ! I 8 No 2}819 —— — — — . — . — . — . . — .—— -—— . . . ..- ———. -— ..— .————.— Got’EKXhIEN!T GAZETTE. 1 DECEMBER 20fY.i Ad NO. 44.2000 Ar<cHi-rEurl.JR.4: w[~F-EsslON ACT. 2000 (2) The vice-president must, if !tw president is for any reason unable to act as president, perform all the func:ions ami may exercise a!] the powers of the president. (3) (a) If both the president and &l?e \’ice-president ze for any reason unable to preside at a council meeting, the members present most elect a person to preside at that meeting. (b) The person elected may, during that meeting and until the president or wee-president resumes his or her functions, perform all the functions and exercise all the powers of the president. Appointment of registrar and other staff members of council 8. (1) The council- 5 10 (a) must appoint a registrar; and (b) may employ such staff members 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 determine, and may dismiss any person so appointed. 15 (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. 20 Decisions of council 9.( 1) A decision of the majority of the members of the council present at any meeting constitutes a decision of the council. (2) In the event of’ an equality of votes the person presiding at the meeting has a casting vote in addition to his or her deliberative vote. (3) If the requisite majority of the members who are entitled to sit as members al a meeting of the council, make a decision or authorise an act at that meeting, the decision made or act performed under that authorisation, is valid despite the fact that at that meeting a member who had become disqualified in terms of section 6(2) but had not vacated his or her office. sat as a member. Administrative powers of council

10. The council maY— (a) (b) (c) (d) (e) determine the remuneration and allowances payable to its members or the members of any committee of the council after consultation with the CBE; arrange for the payment of pension and other benefits to any staff of the council or the registrar and to his or her dependants on the termination of the service of a 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 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 architectural profession and related matters. 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 validlty 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 certificates and the manner in which alterations thereto majj be effected. 25 30 35 40 45 50 ;ict No. .&t. 2000 ,AF:Cli I’l-ECT! ‘R.\i. PRr)l’l;SS1O\ ACT” 2000 Powers of council with regard to fees and charges 12. (1) TIw council ma>. with I-egard to frcs ~nd Cia]-gcs. which we payable to tht council. rfeternlille— (0) (1)) (’c) (d) (e) (f) (<) (/1) (i) application fees. registration fees: annual fees, or portion thereof, in respect of a part of a year; the date on which any iee or charge IS payable; the fees, or portion thereof, payable in respect of any examination referred to in section 19. conducted by or CJ13 behalf of the council; any charge payable for the purposes of the education fund referred to in section !5(5): fees payable for a ser\ice referred to in section 14(c); the fees payable for an appeal in terms of section 24(1); or anv other fee or charge it considers necessarv. 5 10 ‘(2) The c&ncil may grant e~emption from paymen;of application fees. registration 15 fees, annual fees. charges. or a portion thereof referred to in subsection (1). Powers of council with regard to education in architecture

13. The council may— (a) (/?) (c) (d) (e) ff) (g) (/1 ) (;) (j) (k) subject to sections 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 of architecture, 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 to all educational institutions and their educational programmed with regard to architecture; consult with the Council on Higher Education established in terms of the Higher Education Act, 1997, regarding matters relevant to education in architecture; 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 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 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 the Republic, with regard to the recognition of any examination or qualification for the purposes of this Act; give ad\rice or render assistance to any educational institution, \~o[untary association or examining body with regard to educational facilities for and the training and education of registered persons and prospective registered persons; conduct any examination for the purposes of section 19; and determine, after consultation with the voluntary associations and registered persons, conditions relating to and the natu~e and extent of continuing education arid training. General powers of council

14. The council may. in additicm to other powers in this Act--- (o,I acquire, hire, maintain. let, se]] or otherwise dispose Of movable or immovable property for the effective performance and exercise of its functions, duties or powers; 20 25 30 35 40 45 50 55 :. !. N(), 2,1:< l<] (;()\mrmf EN-r cJ/’UF.TrE, I DECE\f BER 2000 AC1 X(). 44. 2(}00 ARC1-ITTEC TCR il. ?R[)FESSl[)N ACT, .?()()0 (1?) (c’) (d) ((J) (f) (g) (h) (i) (j) (k) decide upon the mwmer in t\hicll contracts must be entered into on beilalf of [he council; perform any service within its competence if it is requested by any person or body of persons. including the State: de[ermine, subject to section 2.5. the requirements with which a voluntary 5 association must comply to qualify for recognition by the council, advise the Minister. any other LMinister or the CBE on any matter relating to the architectural profession; encourage and itself undertake research into matters relating to the architec- tural 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 architectural profession; take any steps it considers necessary for the improvement of the standards of services rendered by registered persons; create an awareness amongst registered persons of the importance to protect the environment against unsound architectural practices; take any steps which it considers necessary, where, as a result of architectural related undertti,ngs, public health and safety is prejudiced; and take any measures it considers necessary for the proper performance and 20 exercise of its functions. duties or powers-or to achieve-the objectives of this Act. 15 10 Funds of council and keeping and auditing of accounts 15. (I) The funds of the council consist of any money received in terms of this Act and all other monies which may accrue to the council from any other legal source, including 25 fines and penalties imposed by the council. . (2J The council mav—— ‘(a) (b) (c) (d) collect and invest funds of the council; raise money by way of loan for the purpose of effectively performing its functions; with a view to the promotion of any matter relating to the architectural profession, lend money against such security as the council considers adequate; and mortgage any of its immovable property as security for a loan referred to in paragraph (b). (3) The council may remunerate its members and committee members from its funds. (4) The council may finance any publication referred to in section 10(e). (5) The council 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 architectural profession. (6) The council must keep full and correct account of all monies received and expended by rt. (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 rmrst 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 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 Countil, 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 F’inance— (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 repa~ment of the advance. (10) The council must determme its firrancd year. 30 35 40 45 50 55 60 .\cl \“o.4$x)()(l ,\ RCH1-r!:(’T( ’l<ll. I’P.ol-ESSloS, ~\ (-l-” 2(K)(J (11) The council must apply dLIe cart’ and di[igence w h e n investing my m o n e y or incurring any expen(iiture from Ihe Funds of flk: council. Reports to CBE 16. ( ! ) The council must. within six mond~s from tlw close of each financial year. pmvicie [he CBE with a report regarding ][s activities during that financial year, for [he 5 purpose of section 4 of the Council for the Built En\ironnlent Act, 2000. (2) A COPY Of the report and the register referred [o in section I I (~’) must be open for inspection at the offices of the councii. (3) l-he council must, on request by (he C13E, provide the CBE with any information i-egarding <i registered person. Committees of council [0 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 15 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 necesswy changes, apply in respect of a committee of the council. Categories of registration 18. (1) The categories in which a person may register in the architectural profession are— (a) (12) (c) professional, which is divided into— (i) Professional Architect; (ii) Professional Senior Architectural Technologist; (iii) Professional Architectural Technologist; or (iv) Professional Architectural Draughtsperson; or candidate, which is divided into–– (i) Candidate Architect; (ii) Candidate Senior Architectural Technologist; (iii) Candidate Architectural Technologist; or (iv) Candidate Architectural Draughtsperson; or specified categories 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 architectural profession only under the supervision and control of a professional of a category as prescribed. Registration 20 25 30 35 19. ( 1.) (a) A person must apply. in the prescribed application form, to the council for 40 registration in a category referred to in section 18(1). (b) The appiica[ion form referred to in paragraph (a) must be accompanied by the prescribed fee. (2) The council must register the applicant in the relevant category and issu~ a registration certificate to the successful applicant in the prescribed form if, after 45 consideration of an application, the council is satisfied that the applicant-— (a) in the case of a person applying for registration as a professional— (i) has demonstrated his or her competence as measured against standards determined by the council for the relevant category of registration; and (ii) has passed any additional examinations that may be determined by the 50 council; (12) in the case of a person applying for registration as a candidate or a candidate in a specified category, has satisfied the relevant educational outcomes determined by the council for this purpose, by— __________ .——. -—-—— -—-. —__ .__. ._ —- -..—- . .._ _____ . . ________ _________ ,Act No. 44, 2000 4RC.H1”CECTLRAL F’ROF:2S51(>N ,ACT, 2000 (i) ha\>ing passed accredited or rcrognised examinations at any educational institution offerin,~ ecfucational p~ogriiinrn~s in architecture: and (ii) havin+ passed arty other cxari~mation (hat may be determined by d~e councd, 0; (iii) presenting evidence of prior Iearmng in architecture. (3) (a) .Despite subsection (2). the council mzy refuse to register an applicant— (i) (ii) (iii) (iv) (v) (vi) if the applicant has been removed from an otlice of trust on account of improper conduct; has been convicted of’ an offence in the Republic, other than an offence committed prior to ’27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a fine, or, in the case of fraud. to a fine or imprisonment or both; if the applicant has, subject to paragraph (b). been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; if the applicant is declared by the High Court to be of unsound mind or mentally disordered, or is detained under the Mental Health Act, 19?3; for as long as the applicant is disqualified from registration as a result of any punishment imposed on him or her under this Act; if the applicant is an unrehabilitated insolvent whose insolvency was caused by his 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. —. 5 10 15 Z() (b) For the purposes of paragraph (a)(iii), the council must take cognizance of the 25 prevailing circumstances in a foreign country relating to a conviction. (c) The council must provide the applicant with a notice of a refusal refereed to in paragraph (a). (4) For the purposes of this section “prior learning” means the previous Iearning 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 19(3); (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 it becoming due or within such further period as the council may allow, either before or after the expiry of the 60 days. (b) 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 qualifies to be registered as a professional in terms of section 19(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 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 21. (1) A person who is registered in any of the categories refereed to in section 18(1) may describe himself or herself as and use the title–- 30 35 40 45 50 ?5 I /11) (1)) (( ) (1/) ((’) (f) (,!?) (1?) Professicmal Archi[txt: Professional Senior Arci3i!tctural rccllnolog!si: pr[jfe~slotltil Aichitectuml ‘!ccilnoio~i,it: professional Architectural Dr:il!gll(?pei-so[l: Candidate Architect: Candidate Senior Architecturtit Technologist: Candidate Architectural Technologist: or Candidate Architectul”a] Draugh(sperson. (2) A registe]-ed J~erson may use a title prescribed by the council for the specified category. (3) A registered person must LIW hi., or her title in a]] ~rchitectural reports and other documentation relating to his or her work in the wchitectural profession, prepared by or for him or her. (4) The council may determine abbrc\iations or acronyms for the titles referred to in subsection ( 1). Renewal of registration 22. ( 1 ) A registered person must. at least three n-,onths prior to the prescribed expiry date of his or her registration, apply in the presc~ibed 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 [o section 19, the council must, on application, register a person who was previously registered and whose registration was cancelled in terms of section 20 (I )(a)(iii), if he or she has paid--- (a) the prescribed fee; (b) any arrear annual fee or portion thereo~ (c; any expenses incurred by the council in connection with th~ recovery of any arrear fees; and (d) any penalties imposed on him or her by the council. Return of registration certificate I o 15 20 25

23. Any person whose registration has been cancelled in terms of this Act, must return his or her registration certificate to the registrar within 30 days from the date on which he or she is directed by the registrar in writing to do so. 30 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 20( l)(u) (iii) or 32(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, appeaI 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 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. (2) Any voluntary association may apply to the council to be recognised as such. 50 (~) Th~ council may, if the voluntary association complies with the reqoirernents determined in terms of section 14(d), recognise that association and issue it with a certificate of recognition. (4) A certificate of recognition is val]d for a period of fi ve years from the date of issue. Act w. a 2(!00 AR CHITF(”Ti ‘R.4L PI?(.WMI(I, X ACT. 20(0 (5) .4 voluntary association must displi)y it~ certitic,l[e of recognition in a prominent pidce tit i[s head office. (6) The recognition of a voluntary assocla:ion iapses--– (Cl) if that association, no Ion:tr complies with the requirements contemplated in section 14( d): or (b) at the e.xpiry- of the five-yea~ period referred to in subsection (4). (7) A voluntary association ntust, 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 whcse recognition has lapsed must, within 30 days from the dale 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, that may be affected by any laws regulating the built environment professions regarding the identification of the type of 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 CounciI for the Built Environment Act, 2000. (2) After the process of consultation the council must submit recommendations to the CBE regarding the work identified in terms of subsection (1), for its consideration and identification in terms of section 20 of the Council for the Built Environment Act, 2000. (3) A person who js 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 aIlow himself or herself to be held out as a person registered in terms of this Act; 5 10 15 20 2.5 (c) use the name of any registered person or any name or title referred to in 30 section 18 or 21; or (d) perform any act indicating, or calculated to lead persons to believe, that he or she is registered in terms of this Act. (4) Subsection (3)(a) may not be construed as prohibiting any person from performing work identified in terms of this section, if such work is performed in the service of or by order of and under the direction, 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. 35 Professional conduct 27. (1) The council must, in consultation with the CBE, voluntary associations and 40 registered persons, draw up a code of conduct for registered persons. (2) (a) The council is responsible for administering the code of conduct and must ensure that the code is available to all members of the public at all reasonable times. (b) The council must provide the CBE with a copy of the code of conduct. (3) Al] registered persons must comply with the code of conduct and failure to do so 45 constitutes improper conduct. Investigation of charge of improper conduct 28. ( 1 ) The council must refer any matter brought against a registered person CO 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; Gr (b; a c@mplaint, charge or allegation of improper conduct has been brought 50 against a registered person by any person. (2) At the reqtiest of the council, the investi~ating committee must~-- (a) investigate the Ina[ter: and (/)) ~)~t:iin evi~encc to determir):t \vI:etbet o; no~ irl its o p i n i o n the re:isterecl person co[~cerned may be charged :md. if SO. recommend to the council the charge or charges that may be preferred against that registered person. (~) An investigating commit~ee may nor question the registered person concerned 5 unless the investigating committee informs ti~at registered person [hat 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 tha[ any statement so made may be used in e\idence against the registered person. (4) The investigating commit[ee must, after the couciusion of the investigation, iO submit a repo~t making its recommendations to the council regarding any matter referred to it in terms of this section. Charge of improper conduct 29. ( 1 ) The council must. after considering a report of the investigating committee in terms of ~ecti~n 2~(2)(/7) and (4). charge a registered person with improper conduct if 15 the council is convinced that sufficient ~rouncis exist for a charge to be prefemed against such a registered person. (2) T’he council must furnish a charge sheer to the registered person concerned by hand or registered mail. (3) A charge sheet must inform Lhe registered person charged— (a) of the details and nature of the charge; (b) that he or she must, in writing, admit or deny the charge; (c) that he or she may, together with the admission or denial, submit a written explanation regarding the improper conduct with which he or she is charged; and (d) of the period, which must be reasonable, within which his or her plea in terms of paragraph (b) must be submitted to the council. (4) (a) If a registered person charged admits that he or she is guilty of the charge, he or she is considered to have been found guilty of improper conduct as charged, after he or she has explained his or her conduct. (b) The council may, subject to section 32(2), impose a penalty contemplated in section 32(3)(a) or (b) on a registered person who has admitted guilt in tem~s of paragraph (a). ~~ 25 30 (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 35 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 30. (1) The council must appoint a disciplinary tribunal to hear a chacge of improper conduct if a person charged–– (a) denies the charge; or (h) fails to comply with section 29(3)(b). (2) The disciplinary tribunal must consist of at ieast— (a) a person wbo 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. Disciplinary hearing 31. (1) The disciplinary hearing must be conducted by the c!isciplinmy tribunal. (~.) The disciplinary tribunal may, for the purposes of this section, appoint a person to assist it in the performance of its functions. (3) (rr) The disciplinary tribunal T,a.y, for ~he purposes of a hearing, subpoena any p~r~~n ..-. 40 45 5(! 24 No 21819 Act k). 44, 2000 C, O\ ’E RNMF.h’T C,,4ZEITE. I L) ECEM6 ER ‘!(W ARCHITECTLTR. AI. PRC)I’E,SSION ,AC’r. 2000” (i) whu in its opinion may he able w give rm[eria] information concemir): [he subject of the hearing; or (ii) who it suspects Or believes has ifi hls or her possession or custody m under hls or her control any book. document or object which has any bearhg {;n [he subject of the hearing. 5 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), rrlust-- (i) be m the prescribed form; (ii) be signed by the chairperson ot” the disciplinary tribunal or, in his m her 10 absei~ce, any member of’ Lhe disciplinary tribunal; and (iii) be served on the registered person concerned personally or by sending it by registered mail. (4) The disciplinary tribunal ma,y retain a book, document or object produced in terms of subsection (3) for the duration of the hearing. 15 (5) The chairperson of the disciplinary tribunal may call upon and administer an oath t~, or take an affirmation from, any witness at the hearing who was subpoenaed in &errns of subsection (3). (6) At a hearing the registered person charged–– i {a) (b) (i) (ii) (iii) (iv) (v) (vi) (i) (ii) 20 may personally be present at the hearing of the proceedings; may be assisted or represented by another person in conducting the proceedings; has the right to be heard; may call witnesses; may cross-examine any person called as a witness in support of the 25 charge; and may have access to documents produced in evidence; may admit at any time before conviction that he or she is guilty of the charge despite the fact that he or she denied the charge or failed to react in terms of section 29(3)(b) or (c); may, in the case where he or she makes an admission in terms of subparagraph (i), be deemed to be guilty of improper conduct as charged. 30 (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 dle hearing at the time and place 35 40 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 45 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 excl~sed by 50 the chairperson of the disciplinary tribunal from further attendance. (c) A witness who has been subpoenaed may request that the names of ~hs members 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 55 may, with the necessary changes, ap~ly in relation to the, ,examination of, or the production of any book, document & o“bject to the disc~plinary trilymal, by, any pe.nwn called in terms of this section as a witness. (e) A w i t n e s s m a y not. aftei },~(i”~ hecc slt {ml iii m 11:1. ving been affiuned ds a !vitness. give ;, false st:i(en]en( o!, :iny n)ar:e!, kl~owiii~ that dnswer or statement (0 be hi~e. (,~) A person may not prm’ent Mother persou (’mm cornplymg with a sllbpoena o~- trmu gi~;ing evidence or plmciuciog a book d~t”~[il~en( or object which he or she is in terms o: this section required to giIe or produce. (9) ‘The record of evidence which nas a bear+ng on the charge before the disciplinary tribunal Jnd which was prest?ntcci before any commission which investigated an event cr conduct is admissible uitbout further cvi,d.ence being led if— (a) the record is accompanied by a certificate from the chairperson; :md (b j the cellifrcate ce~i!ies that the i:lvestigation was lawful, reasonable and procedurally fair. ( 10) If the improper conduct with wl?ich the registered person is charged amounts tc 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 coli’{ictlo,l by that court is, on the identific;ition of the registered person as the person referrtd to in the record, sufficient proof of the commission by him or her of [hat of fence, unless the conviction has been set aside by a superior court. Proceedings after hearing 32. ( I ) After the conclusion of the hearing the disciplinary tribunal must, within 30 days— (a) decide whether or not die registered person charged is guilty of improper co:lduct; (b) if the disciplinary 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 reiystered person found guilty of improper conduct in terms of this sectio]i ma y— (a) 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. (3) (a) If the registered person charged is found guilty of improper conduct, or if hr or she admits that he or she is guilty of thle charge, the disciplinary tribunal must either-— (i) (ii) (iii) (iv) caution or reprimand the registered person, impose on him or her a fine not exceeding the amount calculated acccrdi ng to the ratio for one year imprisonment determined in terms of the .\djustment of Fines Act, 1991 (Act No, 101 of 1991); suspend the registration of the registered person concerned for a period not exceeding one year; or cancel the registration of the registered person concerned and remove his or her name from the register refe~red 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 cf’ subsection (3) in the Gu:ette. (6) The council must give effect to the decxion of the disciplinary, tribunal. Act No. 44, 2000 .4 RCH11’13C’i’lJ R,AI. PROFESSION ACT. 2000 Appeal against decision of disciplinary tribunal 33. (1) (a) A registered person found guilty of improper cunduct may appczd to the council against a finding of the disciplinary triburtal or against the sentence. or both. (b) The appeal must be lodged, within 30 days after the disciplinary h ibunal has informed the registered person of’ its decisior,. (2) The council may –- (a) dismiss the appeal against the decision of the disciplinary tribunal and confirm the finding or sentence or both; or (b) uphold the appeal ag~nst the decision of the disciplin~ 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, withir) 30 days, from the date of the dismissal of the appeal, appeal to the C13E. (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 one month from the date of the decision of the CBE. (6) (a) The councd 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 appeiil with the registrar of the appropriate High Court 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, 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 vo~untary associations. determine guideline professional fees and publish those fees in the Gazette. (3) The CBE may review the guideiine professional fees published by t!~e councii, 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 such 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 becommg aware c,f the decjsion, request the council in writing to furnish him or her in writing with its reaso~s for that decision; (b) within 90 days from the date on which the council furnished hun or her with its reasons for thal decision and after giving notice to the cc?uncil, appeal to the CBE against that decision in terms of section 21 of the Co~~r]cil for the 13uiIt Environment Act, 2000. (2) A person referred to in subsection ( 1 ) may, after giving notice to [he council or the UBE, as the case may be, lodge a notice of appeal with the registrar of the app~ opiiate High Court within one month from the dam of the decision of the cotmcii or Ihe CBE. 5 10 15 20 25 30 35 40 4-5 50 Rules 36. (1) The councii may. by tmm~e in the Lhwtfe. mske rules wilh regard to m: tnatter that is required or pmrnittcd to be pi-escribed in terms of this Ac[. and dny other matter fo] the better execution c)f thij Act or in relation to any power granted or dl~ij imposed by this Act. (2) (u) Before the council makes any ruie umier this section, it must publish a draft of the proposed rule in the Gazette together with a notice calling on interested persons to cumm.ent in writing within a period stated in the notice. but the period may net he less {ban 30 days from the date. of publication of the notice. (h,! If the council alters the draft r-ules as a result of any comment it need not publish those alterations before makhg the rule. (3) The council may, if circumstances necessitate the immediaie publication of a ru!e. 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 tnay be, against such a rule. Procedure and evidence for evidential purposes 37. (1) The register referred tom section 11(c) serves as evidence of all matters which, in terms of this Act, am 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 has not been made in the register or that any other function authorised by this Act to be performed, has or has not been perfolmed, 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 cmrrts without further proof oi 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 peliod, 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 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 councd, voluntary associations and any other person he or she considers necessary, make rules regarding exemptions from the provisions of this Act. (~) (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 rules contemplated in subsection (2). Liability 39. (1) The council, the registrar, or any member, committee “or staff member of the council, is not liable for any act performed in good faith in te~s of this Act. (2) A registered person who, .in the public interest--- ,, (a) r e f u s e s t o p e r f o r m a n a c t; (b) omits to perform an act; or {c) informs the council m orher appropriate authority of an act or ornissioa performed. by any other person, which act or omission endangers or is Jiktfy [o endanger the safety or health of the public. or fellow employees. is not liable for tha~ refusal, omission or inforrna[ion. (.3) Any person who was registered in terms of this Act arid whose registration was cancelled, is liable for any action ~aken by him or her while he or she was registered. Delegation of powers 5 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 f)irector-CTeneral or any other official of the department. (2) The council may delegate any of its powers in terms of this Act to a cornrnittee, a stafl member or a member of the council or any other person or body of persons, 10 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 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 m function in question by the Minister, council or 15 the registrar. Offences and penalties 41. (1) A person contravening section 18(2), 23, 25(8) or 3 l(8)(a), (b), (e) or (“) is guilty of an offence. (2) If the council wilfully or in a grossly negligent manner fails to comply with section 20 15(8) it is guilty of an offeitce and Iiabie to a fine calculated acccrding to ihe mtio determined for a period of five years’ imprisonment in terms of the Adjustment of Fines Act, 1991. (3) A person convicted of an offence in terms of section 18(2), may be liable to a fine equal to double the remuneration received by him or her for work done in contravention 25 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 M convicted of an offence in terms of section 23 or 25(8), maybe liable to a fine calculated according to the ratio determined for a period of one month imprisonment in terms of the Adjustment of Fines Act, 1991. (5) A person who is convicted of ar, offence in terms of section 3 l(8)(a), (b), (e) or W), may be liable 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. 30 Transitional provisions 42. (1) For the purposes of this section, “effective date” means the date of the first 35 meeting of the council. (2) The South African Council for Architects established by section 2 of the Architects’ Act, 1970 (Act No. 35 of 1970), continues to exist and may” exercise its powers and perform its functions after the commencement of this Act until the effective date. (3) The South African Council for Architects must, within 30 days from the date of commencement of this Act, invite nominations for the first appointment of members in accordance with section 4. 40 (4) For the purpose of the nominations referred to in section 4 and for the first term of oflice of the council, the existing voiuntary associations withiil the architectural 45 profession are deemed to be recognised in terms of section 25. (5) Any person practicing as an architectural technologist or an architectural draughtsperson md a candidate in any of these categories, may continue to practise as such and is deemed to be a registered person u,ntil a date determined by ~he Minister in the Gazette. ,, ,’ .50 (b) From the eflective date, all rights. l:ll_ll]~:.il@lls. :lSSC(!j and liabilities acquired or ir]cuittd by t!le .!kmfh African Couricil f~r’ :irchitect~ in tams of the Architects’ ACL 1970, vest in t.hc council and tht cwrxii is (iec]nd to hale acquired m incurred those TIgh[c. chli rations. asse[s and liabilities in (ems c~i this AL-[. (7) Any ‘~ct pclfiormecf, ,decisi~.}n taken. or rule made 01 purported to ha~e been so 5 pert’onmed, taken or made in tern?s ~jf [!]~ ~rchitec[s’ Ac[, 1970, by the South African Council for Architects remains val:d unless repealed undei this .Act. (8) .Any notice issued or exempiicm granted by the Minister in terms of the Architects’ Act, 1970, remains valid unless repealed under this Act. (9) Any person who at the comm,encemcnt of this Act is registered in terms of the i O Architects > Act, 1970, is deemed to be registered ir] the corresponding category provided for in this Act. ( 10) From the effective date, any rtgister mamtained in terms of the ,4rchitects’ Act, 1970, is incorporated in and is considered m form part of’ a register w be maintained in terms of this Act. (11 ) Any action taken in terms of section 24 of the Architects’ Act, 1970, which is pending at the commencement date of rhis 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 Minister. Repeal of laws

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

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

45. This Act is called the Architectural Profession Act, 2000, and ccmmences on a date fixed by the President by proclamation in the Gazette. 15 20 ~,s (Sec[icm 43) 7 Short title No, and year of Act ——————.—. .. —..—— ———— .—.————— - .—— 1 Architects’ Act. 1970 — - — — — — . — - . . — .. Archl:ects’ Amendment ,4ct. 1975 ..— —. ACI No. 35 of 1970 —— Act No. ]8 Of 197S — — . Act No. 78 of 1979 I Architects’ Amendment Act. 1979 . . Act No. 29 of 1981 Act to Reguiate the Professions of Act No. 49 Of 1982 Engineenng. Architecture: and Quantity Surveying, 198 I ——.———— Architects’ Amendmen[ Act, 1982 ———.—.— Act No. 8 of 1985 + Architects’ Amendment Act. 1985 Act No. 65 of 1987 Act No. 14 of 1995 + Architects’ Amendment Act, 1987 .———.—— , Periods of Office of Members of Councils for Architects, En~ineers, Quantity Surveyors and Valuers Act, 1995 Extent of repeal —- ~l)e whole — — .——— rhc whole rhe whole——-— rhe whole —— rhe wide —. rhe whole—— rhe whole—.. rhe whole ‘--7Arwa of national territory —— i I Bophuthatswarra ——— ..—i ———---4I I