Key Benefits:
No matter or thing done or omitted to be done by a member or staff of the Council shall, if the matter or thing is done or omitted to be done bona fide in the course of the operations of the Council, render a member or staff personally liable to an action, claim or demand.
The Minister may, by Order published in the Gazette, make such transitional arrangements as shall be necessary for the establishment of the Council.
Every person whose name has been entered in the register as an architect shall, as long as his or her name remains on the register, be entitled to adopt and use the word and title "Architect" or "Registered Architect" or such other style or title as may be approved by the Council, and to offer his or her services to the public for gain or reward based on fee scales provided in the conditions of engagement and such accepted fees as may be prescribed by the Council.
(1) Any person who is not an architect who-
(a) performs the work of an architect for gain;
(b) practises or carries on business under any name or style which contains the word "Architect" or "architectural";
(c) uses by way of advertisement, description, document, drawing or other means, any name, title, addition, description, letters, motto, emblem, symbol, badge, seal or other insignia which indicates or is calculated to lead persons to assume that he or she is an architect;
(d) pretends or by any means whatsoever, holds himself or herself out to be an architect:
Provided that the provisions of this subsection shall not preclude the use of the designation "Naval Architect", "Landscape Architect", or any similar designation as may be prescribed by the Council,
shall be guilty of an offence.
(2) An architect who knowingly employs or engages in the capacity of an architect any person who was registered and-
(a) whose name has been removed from the register and has not been restored; or
(b) who has been suspended from practise in terms of this Act, during the period of suspension, save with the prior written consent of the Council, which consent may be given for such period and subject to such conditions as the Council may determine,
shall be guilty of an offence.
(3) A person convicted of an offence under subsection (1) or (2) shall be liable on a first conviction to a fine not exceeding P5000 or to imprisonment for a term not exceeding 10 months or to both and, on a second or subsequent conviction, to a fine not exceeding P10000 or to imprisonment for a term not exceeding two years or to both.
(4) For the purposes of subsection (1), a person shall be deemed to be performing the work of an architect for gain if he or she or a partnership of which he or she is a member or an employee including a director in relation to a company-
(a) performs the work of an architect for or in expectation of a fee, gain or reward, direct or indirect to himself or herself or to any other person; or
(b) holds himself or herself out as prepared in expectation of a fee, gain or reward, direct or indirect to himself or herself or to any other person, to perform the work of an architect.
(1) Without prejudice to the generality of section 49, it shall be lawful for-
(a) a person who is-
(i) in the bona fide employment of an architect, to perform the work of an architect under the direction and control of such architect, or
(ii) engaged by an architect to provide a specific service for such architect, to perform, in accordance with the instructions of such architect, the work of an architect, other than the supervision of the work of constructing buildings or additions thereto;
(b) a body corporate, firm or partnership which carries on business which involves the performance of the work of an architect, to perform the work of an architect or to describe or hold itself out to be an architect where-
(i) the business of the body corporate, firm or partnership, in so far as it relates to the works of an architect, is under the direct control and management of a principal who is an architect and who does not act at the same time in a similar capacity for any other body corporate, firm or partnership, or
(ii) the business referred to in subparagraph (i) is carried on and is not personally conducted by the said principal, such business is being conducted under the direction of the said principal by an assistant who is an architect; or
(c) a person in the bona fide employment of a body corporate, firm or partnership referred to under paragraph (b) to perform the work of an architect under the direction and control of a principal or assistant referred to under paragraph (b).
(2) It shall be a defence to any charge of contravening subsection (1) (a) for a person to show that he or she performed the work of an architect for his or her employer whilst in the bona fide full time employment of his or her employer and that-
(a) his or her remuneration was by way of a wage or salary and not a fee or commission; and
(b) he or she was not employed solely to design or supervise the work of constructing a particular building or buildings or additions thereto.
(1) The Minister may make regulations prescribing anything under this Act which is to be prescribed or which is necessary or convenient to be prescribed for the better carrying out of the objects and purposes of this Act, or to give force and effect to its provisions.
(2) Without prejudice to the generality of subsection (1), regulations may provide for-
(a) the fees and fines to be paid under the Act;
(b) the determination and regulation of the professional conduct and ethics of architects;
(c) the establishment and administration of a fidelity fund; and
(d) the establishment of a tariff of fees for the provision of services of architects.
(3) The Council may, in consultation with the Minister, make regulations prescribing-
(a) the conduct of business of the Council;
(b) the procedure to be followed at an inquiry under this Act;
(c) the issuing of certificates;
(d) the forms to be used under the Act;
(e) the exemption of any person from all or any provision of the Act; and
(f) the holding of the examination of any persons wishing to apply under section 23 (a).
