Quantity Surveying Profession Act

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

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Quantity Surveying Profession Act [No. 49 of 2000]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTI
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-.4FR1KA
Registered al the Poxt O#ce as (7 Newspaper As ‘n Nuusblud by die Posk[ln[oor Geregis~
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CAPE ‘TOWN, 1 DECEMBER 2000 \roL. 426 No.
KAAPSTAD, 1 DESEMBER 2000
. .._ — . . ..—. -—-— _————————— —-—r— TlfE PRESIDENCY
No, 1307. 1 December 2000
II is hereby aotit’ied that the President h~s assented to ih~ follow, ng Act which is hereby publisht!ci tor gener,l~ in fOimli Nion:--
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824
DIE PRESIDENSIE
. T--JO 218?4 G()’.’CNMEN TNT (; AZETTE., I DECEMBER 20(KI —.—— ————
Act No. 49, 2000 Q~,!ANTI1’ I’ S! lR’#E) iN(i I>f nc}ticc, Lmder or mle issue~i or made under this Act: and
(x\ii\ “\’olLlntary as$ociatioil’” rIIMns any ‘ o] L[lltX\, WSOC; ation re~[~~lli$%d h~ the cuuncil in tmns of sec~ion 25.
Establishment of South .4 frican Council for the Quantity Surveying Profession
2. There is hereby established a juristic person to be known as the South African Council for the Quantity Surveying Profession
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) ““ ‘
(b)
(c)
(d)
nme reglsterect persons, excluding candidates, of whom at least three must actively practise in the quantity surveying 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 [he prescribed manner; two professionals, who are professors or lecturers in quantity surveying at an accredited educational institution nominated by the educational institutions, voluntary associations or registered persons; three 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 three 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 Quantity Surveyors, established in terms of the Quantity Surveyors’ Act, 1970 (Act No. 36 of 1970), who are nominated by that council bearing in mind the composition of the council determined in subsection (1), remain in office for the first term of the council.
Nomination procedure
4. (1) When any nomination in terms of section 3(1)(a), (b) or (c) becomes necessary, the council must invite registered persons, the voluntary associations, educational institutions 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 subsection (l)(a), (b) or (c), respectively.
(2) When any nomination in terms of section 3(1)(d) becomes necessary, the council lmust invite the public, by notice in the Ga:etfe and any newspaper the council considers necessary, but at least in a leading newspaper in each province, to nominate persons, in the prescribed manner, 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 tbe invitation or the notice, make and submit its recommendations to the Minister.
(4) The Minister must. within 60 days from the 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 after the appointment of the members of the council, by notice in the Ga:effe, publish—
(a) the name of every person appointed as a member; (b) the date from which the appointment takes effect; and (c) the period for which the appointment is made.
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Term of office of’ members of couocil
5. (1) The term of office foI members ot’ the council is four years, but members 5 contin LIe in off]ce untii the succeeding council is dtriy constituted.
(2) Subject to section 42(11~. a member ofthe council may not serve forrnoretban two consecutive terms of office.
(3) Despile subsection (1). the Minis[er MO>’. by no t i ce i n t he Gc/:erte, after coi~su]totion widl the council. e>, tend tile period of office of all the members of the 10 courrcil for a period of six months. but hi: or she may only extend the period of offtce twice.
(4) Despite subsection (1). the ,Minis(er may. by notice in the Ga:erre, after consultation with the council. termin~te the period of office of a member or all the members of the council 15
(5) The Minister mayonlyacrin terms of subsection (4) if anew mernberor anew council has been appointed. on nominations invited by the N4inister in the manner provided for in section 4. to take over the functions of the member or the council conce[ned.
Disqualification from membership of council and vacation of ofllce ~~
6. ( 1 ) A person may not be appointed as a member of the council if that person–- (a) (b) (Cj
(d)
(e) (fl
i; not a South African ~itizen and ordinarily resident in the Republic; is an unrehabilitated insolvent: has been convicted of an offence m the Republic, other than an offence commi[ted prior to 27 April 1994 associated with political objectives, and was 25 sentenced to imprisonment without an option of a fine, or, in the case of frmrd, 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; 30 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 a disciplinary tribunal or the council of improper conduct.
(2) A member of the council must vacate his or her office if he or she— “(cr)
(b) (c)
(d)
(e)
(f)
(g)
(/7)
becomes disqualified in terms of subsection ( 1 ) from being appointed as a 35 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 the lea~e of the council, been absent from more than two 40 consecutive meetings of the council; was appointed in terms of section 3(1 )(a) and after that appointment a change in his or her circumstances arises that affects the ratio of the membership referred to in section 3( l); was appoln[ed in tem~s of sec[ion 3(1 )(/7) and ceases to be employed by an 45 accredited educational institution; WM appointed in te!ms of section 3(1)(c) and ceases to be employed by the State: or ceases to be permanently resident in the Republic.
(3) For the purposes of subsection (1 )(d), the Min(ster must take cognizance of the 50 prevailing circumstances in a foreign country relating to a conviction.
(4) (n) 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 rna:y, after consultation with the council and subject to section 5(1), appoint a person 10 fill die vacancy fc,r the unexpired portion of the period for which that member was appointed. .55
(b) If the Minister appoints a person to fill the vacant seat, the appointment must be made within 60 days from the date on which the vacancy occurred.
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h No 218?4 GIO~ERhT~E\’T GAZETTE. 1 DECEMBER 2000
,4ct No. 49.2000 Q{ ‘A.NTIl Y“ S1 RVF;Y:NCi PkOFESSION ACT. 2(KKI
E1ection of president and vice-president of council
7. (,1) (u) The members of the council must, at the first meeting of every newly constituted council elect a president and vice-president who must be registered persons and at least one must actively practise in the quantity surveying profession.
(b) The president and vice-president hold office for a period of four years from the date of their appointment,
(2) The vice-president must, if the president is for any reason unable to act as president, pe~forrn all the functions and may e~ercise 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 members 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 registrar and other staff members of council
8. (1) The council— (a) must appoint a registrar; 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 it may determine, and may dismiss any person so appointed.
(2) The registrw must enter into a performance agreement, as prescribed, with the counciI 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 assi,gned 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 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 that staff member or the registrar; determine where its head office must be situated; determine the manner in which meetings of the council or any committee of tbe council must be convened, the procedure and quomm 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 quantity surveying profession and related I?IatteIS.
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Pow em of council ~vit!l regard to re~isrration
11. Tttt ~l)u.il~il ma!’. subjcc[ m this Act- (n) consider and decide on anv applica~ion for registration: ! I}) prescribe the period of l:~!_idit~ of iile reg~stration of a registered person: (f) krcp a register of registered p~rscrt,, and decide oJ)—
[i) the f’ornl of certitic, ~[es and the re:ister to be kept: (ii) the Inaintenanc’e of the registel or issuing of certificates: and
(ii]) the re~ie~ving of the register tied [he manner in which alterations thereto may be eil’ected.
Powers of’ council with regard to fees and charges 10
12. ( I ) The council may. with regard 10 fees and charges, which are payable to the coancil, determine-
([/) application fees: (b) registration fees; (() znnual fees. or pcrtion thereof. in respect of a part of a year: 15 {d) the date on which any fee or charge is payable; (e) the fees. or portion thereof, pay~ble in respect of any examination refereed to
in section 19, conducted by or on behalf of the council; (f) any charge payable for the purposes of the education fund referred to in
section 15(5 ): 20 (g) fees payable for a service referred to in section 14(c); (h) the fees payable for an appeal in terms of section 24(1): or (i) any other fee or charge it considers necessary.
(2) The council may grant exeinption from payment of application fees. registration fees, annual fees, charges, or a portion thereof referred to in subsection 1 ). 25
Powers of council with regard to education in quantity surveying
13. The council may— (u) subject to sections 5 and 7 of the Higher Education Act, 1997 (Act No. 101 of
1997), conduct accreditation visits [o any educational institution which has a department, school or faculty of quantity surveying, but must conduct at least 30 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;
(b) either conditionally or unconditionally grant, refuse or withdraw accreditation with regard to all educational institutions and its educational programmed 35 with regard to quantity smwying;
(c) consult with the Counc]l on Higher Education established in terms of the Higher Education Act, 1997, regarding matters relevant to education in quantity surveying;
(d) consult with the South African Qualifications Authority established by the 40 South African Qualifications Authority Act, 1995 (Act No. 58 of 1995). or any body established by it and the voiuntary associations, to determine conlpe- tency standards for [he purpose of registration;
(e) establlsh mechanisms for registered persons to gain recognition of their qualifications and professional status in other countries; -{5
(,f) liaise with the relevant National Standards Body established in terms of Chapter 3 of the regulations trnder the South African Qualifications Authority Act, 1995, with a view to the establishment of a standards generating body in terms of those regulations:
(g) recognise or withdraw the recognition of any examination contemplated in 50 section 19;
(/?) en[er intu 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 !he purposes of this .Act;
!? \(J 21s21 ~,oy[,~~~,~~()’. i[l()il 0!, h ( (11C close of [he !inanci~! vcar [~~ w hich it rcl..tles.
(h) The cx,oncil MLISI ha\ e [k ~tarcfnent and h:d:ince shee( audited by an auditor legi