Engineering Profession Act

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

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Engineering Profession Act [No. 46 of 2000]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETT11
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ojice as a Newspaper As ‘n Nuusblad by die Poskant-mr Gereg is
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CAPE ‘TOWN. 1 DECEMBER 2000 vol.. 426 No.
KAAP!WAD. i DESEMBER. 2000
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‘~}~~, pREsI~EN~~
No, !304. 1 December 2000
]t is hert;by n(]tified that the TJresident has assented to the fol]owing ,kct which is hereby pubiisiwci for general i nfornltt!ion :-—
NO, 46 (O[ ~O!lj: EI_!ir~Ess:(l}; /\cl’. 2000
(xvi) “thisA cl”’ includes any notice. orckrorru!e issued or made under this Act: and
(xvii) “\’oluntary association’” means any voluntwy association recognised by the council in termsof section25
Establishment of the Engineering Council of South Africa
2. There is hereby established a juristic person to be known as the Engineering Council of South Africa.
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) thirty registered persons, excluding candidates, of whom at least 20 must actively practise in the engineering profession— (i) who must be nominated by the voluntwy associations, registered persons
and prescribed nomina~ing bodies; (ii) who must represent the categories of registered persons contemplated in
section 18, in the prescribed manner; and (iii) who must represent the different disciplines of the engineering profes-
sion in the prescribed manner; (b) ten persons, of whom at least—-
(i) six must be professionals, in the service of the State nominated by any sphere of government; and
(ii) one must be nominated by the department; and (c) ten members of the public nominated through an open process of public
participation. (2) The nominating bodies contemplated in subsection ( l)(u)(i) must be determined in
consultation with the CBE and if no agreement is reached the CBE must refer the matter to the Minister for a final determination.
(3) A maximum of a third of the members of the Engineering Council of South Africa, established in terms of the Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990), 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, rhe voluntary associations, prescribed nominat- ing bodies and the State, 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)(u) 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 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.
(4) The Minister must, within 60 days from Lhe date of the receipt of the nominations from the outgoing council, appoint the 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 the required number of persons who qualify to be appointed in terms of this Act.
(6) The Minister must, as soon as practicable a,fter the appointment of the members of [he council, by notice in the Gczetfe, publish—
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((/) the name (lf e!ery prrwn Jppoitlted m :1 m(’mhcr: (1, ) the date from \\hIch [he appointment t:kt:s eyed: and (() the period for which the :tppoin[mcnl is mxir.
(7) “fhe hlinister must. within 30 days fIom tbe dtite d the fippoiritmcnt of the council, determine the time and place of its fit-st meeting. and. (ll~~e:lftc~. t h e council :nusl determine the time find pltice of my future nleetin~.
Term of office of members of council
5. ( { ) l-he tertn of ~fice fc)r meln~ers of the councl[ is four years, but members continue in off~ce until the succeeding council is duly constituted.
(2) Subject to section 42( 13). a member of the council may not serve for more than twG consecutive terms of ofllce.
(3) Despite subsection (1), the Minister may, by notice in the Ga;eue, after consultation with the council. extend the period of ot%ce of all the members of the council for a period of six months, but he o: she may only extend the period of office
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t\vice. 15 (4) Despite subsection ( 1). the Minister may, by notice in the Gacette. after
consultation with the council. terminate the period of office of a member or all the members of the council.
(5) The Minister may only act in terms of subsection (4) if a new member or a new council has been appointed. on nominations invited by the Minister in the manner 20 provided for in section 4, to take the over the functions of the member or the council concerned.
Disqualification from membership of council and vacation of office
6. ( 1 ) A person must not be appointed as a member of the council if that person— (a) is not a South African citizen and ordinarily resident in the Republic; 25 (b) is an unrehabilitated insolvent: (c) 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; 30
(d) 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,
(e) has, as a result of improper conduct, been removed from an office of trust: or W) has in terms of this Act been found guilty by a disciplinary tribunal or the 35
council of improper conduct. (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;
(b) resigns by written notice addressed to the chief executive oflicer; 40 (c) 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]; (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 45
in his or her circumstances arises that affects the ratio of the membership referred to in section 3(1):
(~j was appointed in terms of section 3(1 )(b) and ceases to be employed by the State; or
(g) ceases 10 be Permanently resident in the Republic. .50 (3) For rhe purposes of subsection (1 )(d), the Minister must take cognizance of the
prevailing circumstances in a foreign cou~try 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 office, the Minister may, after consultation with the council and subject to section 5(1), appoint a person to fili the vacancy for the unexpired portion of 55 the period for which that member was app~inted.
(/J) Iflbe hlinis!er appoints a pe1501i to{i!i the \acallt seat, [he appointment nlusf 13e made within 60 days from the date on which the v~cam’y occurred.
Election of president and Yice-president of council
7. (1) (a) The members of the council must. at the first meeting of every newly constituted council elect apr-esident am! vice-president who must be registered persons find at least one must actit’ely practise in the engineering profession.
(b) The pl-esident and \/ice-president hold office for a period of four years from the date of their appointment.
(2) The vice-president must, ]f’ the president is for any reason unab!e to act as president, perrorm all the functions and may exercise all the powers of the president.
(3) (a) If both the president and the vice.-president are for any reason unable to preside at a council meeting, the rnernbers present must elect a person to preside 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.
Appointment of chief executive officer and other staff members of council
8. (1) The council— (a) must appoint a chief executive officer; and (b) may employ such other staff members as it may deem necessary for carrying
out its functions, on such conditions, including the payment of remuneration and allowances, as i~ may determine, and may dismiss any person so appointed.
(2) The chief executive officer must enter into a performance agreement, as prescribed, with the council on acceptance of his or her appointment.
(3) The chief executive otllcer 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.
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 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 meetmg 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)
(~)
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 chief executive officer and to his or her dependants on the termination of the service of that staff member or the chief executive off]cer; 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 publicatiofi relating to the engineering profession arid related matters.
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Power-s of council with regard to regist~’atic~n
11. The co(!neil ma!’. subjeci 1(> this AcI--- (~]) consider and decide on atiy applIcLItiOIi fw mgistrafiori; (h) prescribe the pericd ot’ )alicfity of (he registration of a regstered person: (() keep a register of registered persons and ciecide on-
(i) the forlm 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 the manner in which alterations thereto may be effec[ed.
Power of council with re~ard to fees and charges
12. (1) The council may. with regard to fees aad charges, which are payable to the council. determine—
((7} (h) (c) (d) (e)
(f)
(g) (h) (i)
application fees: registration fees; annual fees, or porticn thereof, in respect of a part of a year; the date on which any fee or charge is payable; the fees, or portion thereof, payable in respect of any examination referred to in section 19, conduc{ed by or on behalf of the council; any charge payable for the purposes of the education fund referred to in section 15(5); fees payable for a service referred to in section 14(c); the fees payable for an appeal in terms of section 24(1); or any other fee or chage it considers necessary.
(2) The c~uncil may grant e~emption from payment of application fees, registration fees, annual fees, charges, or a portion thereof referred to in subsection (1).
Powers of council with regard to education in engineering
13. The council mav———— (u)
(b)
(c)
(d)
(e)
w)
(g)
(h)
(1)
subject to se~tions 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 engineering, 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 al! educational institutions and their educational programmed with regard to engineering; consult with the Council on Higher Education established in terms of the Higher Education Act, 1997, regarding matters relevant to education i.n engineering; 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 exarrunation or qualification for the purposes of this Act; give advice or render assistance to any educational institution. voluntary association or examining body with re~arcl [0 educational facilities for and the training and education of registered persons and prospective mgislered persons;
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12 y,, jlh~l Cro\”t R’(\lENTG/\ZETTE. I DECEMBER 200(’, — -———
:\cl N().46.2(N)0 L\ GIXFl~Al, NC, l’I?oi:!lSSlo N,4C”’r.” 2000”
(,j) conduct any ex~min’itioo forthc purpusesot’ section 19: and (,() determine. aflu consultation wiIh the voluntary associations and registered
persons . condi[i(ms rr!aiinp, to and t})e nature and extent of continuing education and training.
General powers of council
14. The council may, inaddition toother powers in this Act-
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(1))
(c)
(d)
(e)
fy)
(g)
(h)
(i)
(j)
(k)
acquire, hire: maintain. let, sell or o~herwise dispose of movable or immo\able property for the effecti\e performance and exercise of its functions, duties or powers; decide upon then~an~ler inwhichc ontractsn lustbee nteredi ntoonbehalfof 10 the council; perform any service within its competence if it is requested by any person or body of persons. incllJding the State; determine, subject to section 25, the requirements with which a voluntary association must comply to qualify for recognition by the council; 15 ad\iset heMinister, anyother Minister or the CBEon any matter relating to the engineering profession: encourage and itself undertake research into matters relating to the engineer ing profession; take any steps it considers necessary for the protection of the public in their 20 dealings with registered persons for the maintenance of the integrity, and the enhancement of the status of the engineering 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 25 the environment against unsound engineering practices; take any steps which it considers necessary, where, as a result of engineering related undertakings, public health and safety is prejudiced; and take any measures it considers necessary for the proper performance and
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exercise of its functions, duties or powers or to achieve the objectives of this 30 Act.
Funds of council and keeping and auditing of accounts
15. (1) 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 fines and penalties imposed by the council. 35
(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 engineering 40
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. 45 (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 education,
training and continuing education and training of registered persons and students in the engineering profession.
(6) The council must keep full and correct account of aI1 monies received and .50 expended by it.
(7’I (,J) The council must anlitl:,l(> pmp,m> :i sttitt!ment of’ income and expenditure and. a balance sheet showing lts frnancial posl[i:w m ,.at the close of’ the financial year to which it relates.
(h) The council mus[ have the s:o[cnlc]l: ,znd btilance sheet uditcd by :NI aud i t o r registered in terms of [he pub]ic A~~ountants’ ~nd Auditors’ Act, 1991 (Act No. 8~ 01 1991).
(c) A copy of the audited statement and balance slwet 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 m:iy be agreed to by the hlinister after a request by the council, submit the audited statement and balance sheet to the Minister and must provide a copy t[> the CBE.
(9) The Minister may, with the concurrence of the Minister of Finance— (a) advance or grant to the council, out of money appropriated by Parhament,
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. ( 10) The council must determine its financial year. (11 ) The council must apply due care and diligence when investing any money or
incurring any expenditure from the funds of the council.
Reports to CBE
16. (1) The council must. within six months from the close of each financial year, provide the CBE with a report regarding its activities during that financial year, for the 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 offices of the council.
(3) The council must, on request by the CBE, provide the CBE with any information regarding a registered person.
Committees of council
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 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 necessary changes, apply in respect of a committee of the
council.
Categories of registration
18. ( are—
(u,
) The categories in which a person may register in the engineering profession
mofessional, which is divided into-—. . (i) Professional Engineer:
(ii) Professional Engineering Technologist; (iii) professional Certificated Engineer; or (iv) professional Engineering Technician; or
(b) candidate, which is divided in[o— (i) Candidate Engineer;
(ii) Candidate Engineering Technologist; (iii) Candidate Certificated Engineer; or (iv) Candidate Engineering Technician; or
(c) specified categories prescribed by the council. (2) A person may not practise in any of the categories contemplated in subsection i 1 ),
unless he or sbe is registered in that category.
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Ac! ‘io. 46. 2(}00 EX(; I}: I-, F. RI:Y(; PR()!TSSI(:)N ,.\CT. 200(}”
Registration
19. ( I } (a).4 person must apply, in the prescribed application form. to the corincil for registration in a category referred to in section 18(1).
(b) ‘r’he application form referred to in paragraph (a) must be accompimled by the prescribed fee.
(2) The council must register the applicant iJl the relevant category and issue a registration certificate to the successful applicant in the prescribed form if, after consideration of an application. the council is satisfied that the applicant—
(fJ) in the case of a person applying for registrimon as a professional— (i) has demonsh-ated 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 determi~ed by the
council; (b) in the case of a pt!i%oll 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— (i) having passed accredited or recognised examinations at any ed(Jcationai
institution offering educational pm.grammes in engineering; and (ii) havi~g passed any other examination that may be determined by the
council; or (iii) presenting evidence of prior learJling in engineering.
(3) (u) Despite subsection (2), the council may refuse to register an applicant— (i)
(ii)
(iii)
(iv)
(v)
(vi)
if the applicant has been removed from an office 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, siJbject to paragraph (b), been convicted of an offence in a foreign country and was sentenced to imprisonment without an (Jphon 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, 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 insolvent whose insolvency was caused by his or her negligence or incompetence in performing work t%lling 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 tak cognizance of the prevailin~ circumstances in a foreign country relating to a conviction.
(c) ‘r’he council must pro~:ide the applicant with a notice of a refusal referred to in paragraph (a).
(4) For the purposes of this section “prior Iearnmg” means the previous learning and experience of a learner, howsoever obtaiJled, against the learning outcomes required for a specified qualification and the acceptance for the purposes of qualification of that which lmeets those requirements.
Cancellation of registration
2(I. ( I ) (a) The council may cancel the registration of a registered person if he or she- - Ii). becomes disquahfied from registration m contemplated in section 19(3);
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lx \(l. 21s’21 G()\’l:RXNIENl’ G,.\ Y.IZTl’F. I DECI:\l R:.R 2000 -—- —. —— —.. ——.—.— -—-...-—— -- —.. .— . — — — — — — .—
.td NW 46., X)(iO I’NGIF{[’’ERISC, l’l?o~l ‘SSIOK AU’. 20~lo
(ii t h~~ erroneous> been registered. Or II:IS been registered on information subsequently proved to be false; ol-
(~ii) fails 10 pay lhe prescribed annual fee 01- portion thereof, within 60 days from i~ becoming due or within such further period as the council may allow, ei[her before or after expiry of the 60 days. 5
(b) The council must provide the registered person with ti notice of a cancellation referred to in paragraph (u).
(2) If a person who is registered as a candidate qualifies to be registered as a professional in terms of section 19(2)((/), the council must cancel his or her registration as a candidate. 10
(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 15 section, that person remains liable for any fee. arrears or penalty imposed by the council i or the period that he or she was registered.
Authorised titles 1
21. (1) A person who is registered in any of the categories referred to in section 18(1) may describe himself or herself and use the title—
(a) Professional Engineer; (b) Professional Engineering Technologist; (c) Professional Certificated Engineer; (d) Professional Engineering Technician: (e) Candidate Engineer; (~) Candidate Engineering Technologist; (g) Candidate Certificated Engineer; or (h) Candidate Engineering Technician.
(2) A registered person may use a title prescribed by the councii for the specified category.
(3) The council may determine abbreviations or acronyms for the titles referred to in subsection (1).
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Renewal of registration I 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 35 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 ( l)(u) (iii), if he or she has paid— 40
(a) the prescribed fee; (h) any arrear annual fee or portion thereofl (c) any expenses incurred by the council in connection with the recovery of any
arrear fees; and (d) any pen~lties imposed on him or her by the council. 45
Return of registration certificate I 23. Any person whose r:;is[ration has been cancel]ed in terms of this Act, must return
his or her registration certificate to the chief executive officer within 30 days from the date on which he or she is directed by the chief executive officer in writing to do SO.
Grievance procedure in relation to registration 50
24. ( 1 ) If an applicant is of the opinion that :1 committee, in its refusal to register him or her, or to cancel his or her registration. other than a cancellation in [erms of section
z()( ] ‘I( .wr. 20(K)
(7) The person referred to in subsection (2) ma, during a hearing--- (a)
(b,l
(c)
lead e\idence a n d a d v a n c e argwments in support of the charge and cl-oss-examine \vitn.esses: question any person who was subpoenaed in terms of subsection (3); Or c:iil anyone [o ~ive evidence or to produce any book, document or object in his or her”possess~on or custody or ‘under his & her control which the person referred to in subsection (2) suspects or believes to have a bearing on the subject of the hearing.
(8) (u) A witness who has been subpoenaed may not— (i) without sufficient cause, fail to attend the hearing at the time and place
~pe~ified in the subpoena: (ii) refuse to be sworn in or to be affirmed as a witness:
(iii) without sufficient cause, fail to answer fully and satisfactorily to the best of his or her knowledge to all questions lawfully put to him or her; or
(iv) fail to produce any book. document or object in his or her possession or custody or under his or her control which he or she has been required to produce.
(b) A witness who has been subpoenaed must remain in attendance until excused by the chairperson of the disciplinary tribunal from further attendance.
(c) A witness who has been subpoenaed may request that the names of the 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 may, with the necessmy changes, apply in relation to the examination of, or the production of any book, document or object to the disciplinary tribunal by, any person called in terms of this section as a witness.
(e) A witness may not. after having been sworn in or having been afhrmed as a witness, give a false statement on any matter, knowing that answer or statement to be false.
(~) A person may not prevent another person from complymg with a subpoena or from giving evidence or producing a book, document or object which he or she is in terms of this section required to give or produce.
(9) The record of evidence which has a bearing on the charge before the disciplinary tribunal, and which was presented before any commission which investigated an event or conduct is admissible without further evidence being led if—
(a) the record is accompanied by a certificate from the chairperson; and (b) the certificate certifies that the investigation was lawful, reasonable and
procedurally fair. (10) If the improper conduct with which the registered person is charged amounts to
an offence of which he or she has been convicted by a court of law, a certified copy of the record of his or her trial and conviction by that court is, on the identification of the registered person as the person referred to in the record, sufficient proof of the commission by him or her of that offence, unless the conviction has been set aside by a superior court.
Proceedings after hearing
32. (1) After the conclusion of the days—
(a) decide whether or not the conduct;
hearing the disciplinary tribunal must, within 30
registered person charged is guilty of improper
(b) if the disciphnary tribunal finds that the registered person charged is guilty of improper conduct, take, cognizance of any aggravating or mitigating circum- stances;
(c) inform the registered person charged and the council of the finding; and (d) inform the registered person of his or her right of appeal in terms of section 33.
(2) A registered person found guilty of improper conduct in terms of this section may ---
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(a) address the disciplinary tribunal in mitigation of sentence: and (b) call witnesses to give e\idence on his or her behalf in mitigati(m of the
sentence. (3) (a) If the registered persori chqed is found gu[lty of improper condtrct, or if he
m sk admits that be m she is guilty of the char:e. the disciplinary tribunal must either— 5 (i) caution or reprimand the registered person:
(ii.) impose on him or her a fine not exceeding the amount calculated according to the ratio for one year imprisonment determined in terms of the Adjustment of Fines .Act, 199i (Act No. 101 of 1991);
(iii) suspend the registration of the registered person concerned for a period not 10 exceeding one year; or
(iv) carlcel the registration of the registered person concerned and remove his or her name from the register referred to in section 11(c).
(b) The disciplinary tribunal may take decisions under more than one of the subparagraphs of paragraph (a). 15
(4) At the conclusion of the hearing the disciplinary tribunal must notify the council of its finding.
(5) The council must publish the finding and the sanction imposed in terms of subsection (3) in the Gazerre.
(6) The council must give effect to the decision of the disciplinary tribunal. 20
Appeal against decision of disciplinary tribunal
33. (1) (u) A registered person found guilty of improper conduct may appeal to the council against a finding of the disciplinary tribunal or against the sentence, or both.
(b) The appeal must be lodged, within 30 days after the disciplinary tribunal has informed the registered person of its decision. 25
(2) The council may- (a) dismiss the appeal against the decision of the disciplinary tribunal and confirm
the tinding or sentence or both; or (b) uphold the appeal against the decision of the disciplinary tribunal wholly or in
part and set aside or vary the finding or sentence or both. 30 (3) If an appeal is dismissed in terms of subsection (2)(a,l the appellant may, within 30
days from the date of the dismissal of the appeal, appeal to the CBE. (4) If a registered person found guilty of improper conduct lodges an appeal in terms
of subsection ( 1 )— (a) the decision of the disciplinary tribunal under section 32(3); or 35 (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. (h) A person referred to in paragraph (a) must, after giving notice to the CBE, lodge 40
a notice of appeal with the registrar of the appropriate High Court within one month from the date of the decision of the CBE.
(6) (a) The council may appeal to the appropriate High Court against any decision of the CBE with regard to disciplinary matters.
(b) The council must, after giving notice to the CBE, lodge a notice of appeal with the 45 registrar of the appropriate High CoUfi within one month from the date of the decision of the CBE.
Professional fees
34. (1) The council must, in consultation with the voluntary associations, represen- tatives of service providers and clients in the public and private sector, formulate 50 recommendations with regard to the principles referred to in section 4(k)(v) of the Council for the Built Environment Act, 2000.
30 No. 21S21 GOVERNMENT GAZEITE, 1 DECEMBER 2000
,~ct No. 46, 2000 ENGINEERING PROFESSION ACT, 2000
(2) The council must annually, after consultation with the voluntary associations, representatives of service providers and clients in the public and private sector, determine guideline professional fees and pu~lish thQse fees in the Gazette.
(3) The CBE may review the guideline professional fees published by the council, and refer the fees back to the council for reconsideration.
(4) If the council, after review by the CBE of the guideline professional fees, is aggrieved about that review, it may refer the matter to the Minister for a final decision.
(5) Any person who “is aggrieved by the guideline professional fees published in terms of subsection (2), may bring the matter to the attention of the CBE within 60 days from the date of publication.
Appeal against certain decisions of council
35. (1) Any member of the public whose interests and rights are affected by a decision made by the council may—
(a) within 30 days from that person becoming aware of the decision, request the council in writing to furnish him or her in writing with its reasons for that decision;
(b) within 90 days from the date in which the council furnished him or her with its reasons for that decision and after giving notice to the council, appeal to the CBE against that decision in terms of section 21 of the Council for the Built Environment Act, 2000.
(2) A person referred to in subsection ( 1) may, after giving notice to the council or the CBE, as the case may be, lodge a notice of appeal with the registrar of the appropriate High Court within one month from the date of the decision of the council or the CBE.
Rules
36. (1) The council may, by notice in the Gazette, make rules with regard to any matter that is required or permitted to be prescribed in terms of this Act and any other matter for the better execution of this Act or in relation to any power granted or duty imposed by this Act.
(2) (a) Before the council makes any rule under this section, it must publish a draft of the proposed rule in the Gazette together with a notice calling on interested persons to comment in writing within a period stated in the notice, but the period may not be less than 30 days from the date of publication of the notice.
(b) If the council alters the draft rules as a result of any comment it need not publish those alterations before making the rule.
(3) The council may, if circumstances necessitate the immediate publication of a rule, publish that rule without consultation as contemplated in subsection (2), provided that the CBE, any of the councils for the professions or any person who is aggrieved by the said rule may—
(a) comment after such publication; or (b) appeal to the CBE or the appropriate High Court, as the case may be,
against such a rule.
Procedure and evidence for evidential purposes
37. (1) The register referred to in section 1 l(c) serves as evidence of all matters which, in terms of this Act, are required or permitted to be noted therein.
(2) A certificate purporting to be signed by the chief executive officer to the effect that an entry has or has not been made in the register or that any other function authorised by this Act to be performed, has or has not been performed, is evidence of the matters specltied in that certificate.
(~) A copy Of an entry in the register or of a document in [he custody of the chief executive officer or an extract from the register or from any such document. purporting to be certified by the chief executive officer, may be admitted in evidence in all courts without further proof or production of the original.
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Rectification of errors and exemptions
38. ( 1 ) “h’hen anyt!lin: which according to this Act is required to bc (lone or performed on m before a slpmfied ckay or al a specified time or during a specified period, has not been done or performed. the Minister may, if stitistled that the failure was due to error or o\~ersight, authorise it to be done or performed on or before another day, time. or during 5 another period and anything done or performed in this regard is of full force and 1s deemed to have been lawfully done or performed in accordance with this Act.
(2) The Minister must, after consultation with the council, voluntary associations and any other person he or she considers necessary, make rules regarding exemptions from the provisions of this Act, 10
(3) (a) The Minister may, after consultation with the council, voluntary associations and any other person he or she considers necessary, exempt any person, council, voluntary association or industry from any provision of this Act for a period not exceeding two years.
(b) The exemption refereed to in paragraph (u) must comply with the rules 15 contemplated in subsection (2).
Liability
39. (1) The council, the chief executive officer, or any member, committee or staff member of the council, is not liable for any act performed in good faith in terms of this Act. 20
(2) A registered person who, in the public interest— (a) refuses to perform an act; (b) omits to perform an act; or (c) informs the council or other appropriate authority of an act or omission
performed by any other person, 25 which act or omission endangers or is likely to endanger the safety or health of the public or fellow employees, is not liable for that refusal, omission or information.
(3) Any person who was registered in terms of this Act and whose registration was cancelled, is liable for any action taken by him or her while he or she was registered.
Delegation of powers 30
40. (1) The Minister may delegate any of his or her powers in terms of this Act, excluding the power to appoint the members of the council, to the Director-General or any other official of the department.
(2) The council may delegate any of its powers in terms of this Act to a committee, a staff member or a member of the counciI or any other person or body of persons, 35 excluding the power to hear an appeal in terms of sections 24(1) and 33(1)(a).
(3) The chief executive officer may delegate any of his or her powers in terms of this Act, to a member of the staff of the council.
(4] Any delegation under subsection (1), (2) or (3) does not prohibit the exercise of the power or the performance of the duty or function in question by the Minister, council or 40 the chief executive officer.
Offences and penalties
41. ( 1 ) A person contravening section 18(2), 23, 25(8) or 31 (8)(a), (b), (e) or (j), is guilty of an offence.
(2) If the council wilfully or in a grossly negligent manner fails to comply with section 45 15(8) it is guilty of an offence and liable to a fine calculated according to the ratio determined for a period of five years’ impr~sonment in terms of the Adjustment of Fines Act, 1991.
(3) A person convicted of an offence in terms of section 18(2). may be liable to a fine equal to double the remuneration received by him or her for work done in contravention 50 of section 18(2), ox to a fine equal to the fine calculated according to the ratio determined for three years imprisonment in terms of the Adjustment of Fines Act, 1991.
(4) Aperscm whoi:;cc~ll\ictedclf:l:l ojfence in ternlsofsectim) 230r 25(8), may be liable tc)LlhIle calculated accordiIlg t()ttle l:itiOdeterll-,l lle(i fOl-apel-iodO foileln(>l;tl:” imprisonment in tert~ls ol’the AdlLtstrl]t’nt of ’F’ines Act. 1991.
(5) 4 person who is convic(ed of an offencc in terms of section 31 (8)(a). (h). (e) or (f). mdy he liable to a fine equai to thr fine calculated :iccmding 10 the ratio determined [o]- ~ thr~e years imprisonment interrlJs of the Adjustmento fFines Act, 1991.
Transitional provisions
42. (1) For the purposes of this section. “effective date” means the date of the first meeting of the council.
(2) The Engineering Councii of So(lth Africa established by section 2 of the Engineering Profession of South Africa Act. 1990 (Act No. 114 of 1990). continues to exist and may exercise its powers and perform its functlrms aftel- the commencement of this Act until the effective date,
(3) From the effective date, ail rights, obligations. assets and liabilities acquired or incurred by the Engineering Council of South Africa in terms of the Engineering Profession of South Africa Act, 1990, vest in the council and the council is deemed to have acqumed or incurred [hose rights. obligations, assets and liabilities in terms of this .Act.
(4) The Minister must, after consultation with the Engineering Council of South Africa, determine the voluntary associations and ether nominating bodies referred to in section 4 for the purpose of inviting nominations for the appointment of the first council.
(5) The Engineering Council of South Africa must, within 30 days from the date of commencement of this Act, invite nominations for the first appointment of melnbers in accordance with section 4.
(6) Any act performed, decision taken, or rule made or purported to have been so performed, taken or made in terms of the Engineering Profession of South Africa Act. 1990, by the Engineering Council of South Africa remains valid unless repealed under this Act.
(7) Any notice issued or exemption granted by the Minister in terms of the Engineering Profession of South Africa Act., 1990, remains valid unless repealed under this Act.
(8) Subject to subsection (1 1), any person who at the commencement of this Act is registered in terms of the Engineering Profession of South Africa Act, 1990, is deemed to be registered in the corresponding category provided for in this Act.
(9) From the effective date, any register maintained in terms of the Engineering Profession of South Africa Act, 1990, is incorporated in and is considered to form part of a register to be maintained in terms of this Act.
( 10) Any action taken in terms of sections 17 to 21 of the Engineering Profession of South Africa Act, 1990, which is pending at the commencement date of this Act, must be finalised in terms of that Act.
(11 ) A person who is registered as an engineering technician in terms of section 14(1) and (2) of the Engineering Profession of South Africa Act, 1990, remains registered as such. until that person is registered as a professional engineering technician in terms of this Act,
(12) A person who is registered as an engineering technician in training in terms of the Engineering Profession of South Africa Act, 1990, is considered to be registered as a candidate engineering technician in terms of this Act.
( 13) At the end of the first term of the counci! 50 per cent of the members of the council may not be reappointed by the Minister.
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Repeal of laws so
43. ‘The laws mentioned in the second column of [he Schedule are repealed to the extent indicated in the third column of that Schedule and in so far as the laws were in force in the various areas of the naticnal ter~itory iniiicated iri the fourth columr~.
3(, X(). 21s21 CioV”ERX\lENTG AZE~E. 1 DECEMBER 2(JO()
Act NO. 46. 200(~ ENGINEERING PROI:IX+SIC)NA[:T, 200(1
Act binding on State
44. This Act binds the State
Short title and commencement
45. This Act is called the Engineering Profession Act, 2000, and commences on a date fixed by the President by proclamation in the Gazette. 5
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38 No 2182[ {;(l\’ERNfflEl~T GAZETrE. I C) ECEiMBER:!M)O - — . . . _ . _ _ — _ _ _ _
Act No. 46, 2000 FNGIKEERIIYG PR(-)FMSIOF1 ACT, ?000
SCHEDL’LE I
(Secticm 43)
r—-T---—’–-–”—””—— —.—— __ .— .— ____No. and war of~ct Short title Extent of repeal Area of national 1—— — _ . .- Engineering Profession ACI, 1978
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Act to Regulate the Profeostons of
Engineering. Archite~tL1re arid Quan.
Engineenng Profession of South:;O- F;;;+;:-q ~
Councds for Architects, Eng]neers,
Quantity Sumeyors and Valuers Act,