Architectural Profession Act

Link to law: http://www.gov.za/documents/architectural-profession-act
Published: 2000-12-01

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Architectural Profession Act [No. 44 of 2000]
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REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
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CAPE K)WN, 1 DECEMBER 2!3CI13 VOL. 4’;!5 No.
KAAPSTAD, 1 DESEM!3ER 20CII
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‘THE PRESIDENCT~
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w“’ 2 ‘021819 GOVERNMENT GAZETTE, 1 DECEMBER 2000— Act No. 44,2000 ARCHITECTLIRAL PROFESSION ACT. 2000
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(English text signed by the Preside\lt. ) (Assented to .26 November 2000.)
ACT To provide for the establishment of a juristic person to be known as the South African Council for the Architectural Profession; to provide for the registration of professionals, candidates and specified categories in the architectural profession; to provide for the regulation of the relationship between the South African Council for the Architectural Profession and the Council for the Built Environment; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa asfollows:— Definitions
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 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—
(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) “rule” means a rule made and in force under this Act; (xvi) ‘“this Act” includes any notice, order or rule issued or made under this Act: and
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4 xc) 21s19 G(jVERNhfENT GAZETTE. I DECEMBER 2000 — — _ —. ———
Act No. 44.2000 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, taking into account, among other things. the principles of transparency and 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 45 (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 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.
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