Corporate Governance Policy


The Council for the Architectural Profession was established by the Architectural Profession Act 2000, Act No 44 of 2000. The Act specifies the method of appointment of Council members; which organisations are to be represented generally and specifically; and the functions and objects of the Council Policy as approved by the Council in March 2006

Governance

The Council supports the following characteristics of good governance –

Discipline :

Striving to adhere to behaviour that is universally recognised and accepted to be correct and proper

Transparency :

Allowing an outsider to make a meaningful analysis of the Council’s actions, its economic fundamentals and the non-financial aspects pertinent to the Council. Making information available in a candid, accurate and timely manner

Independence : Putting mechanisms into place to minimise or avoid potential conflicts of interest that may exist. These include the composition of the Council and the appointment of members to serve on committees of the Council. The decisions made, and internal processes established, are objective and do not allow for undue influences

Accountability :

Accepting accountability for decisions made and actions taken on specific issues, so as to provide stakeholders with the means to query and assess the actions of the Council and its committees

Responsibility : Allowing for corrective action and for penalising mismanagement. Responsible administration would, when necessary, put in place what it would take to set the Council on the right path. While the administration is accountable to the Council, it must act responsively to and with responsibility towards all stakeholders of the Council

Fairness : Ensuring that systems are balanced and take into account all those that have an interest in the Council and its future. The rights of various groups are acknowledged and respected

Social Responsibility : Being aware of and responding to social issues and placing a high priority on ethical standards. Good corporate management is increasingly seen as being non-discriminatory, non-exploitative, and responsible with regard to environmental and human rights issues

The Council

Lays down policy and direction and makes decisions affecting Council affairs

Determines a vision and mission statement and reviews it periodically for accuracy and validity Ensures that adequate resources are available in order to fulfil its mission

 Ensures that the resources are managed effectively and that proper financial controls are in place

Enhances the Council’s public image by clearly articulating its mission, accomplishments and goals to the public Establishes committees to assist it in the performance of its functions

Appoints a suitable person as Registrar and ensures that he/she has the moral and professional support needed to further the Council’s goals

Delegates certain of its powers in terms of the Act to a committee, a staff member or a member of the Council or any other person or body of persons Evaluates its own performance in fulfilling its responsibilities by means of regular strategic planning workshops

The Executive Committee

Comprises the President, Vice-President, Treasurer and one other Council member In partnership with the Registrar, strives to achieve the Council’s mission

Exercises any powers delegated to it by the Council in terms of the Act In consultation with other Council members, appoints the chairpersons and other members of committees Monitors financial planning and financial reports Delegates standing or ad-hoc committees’ functions relative to their terms of reference Evaluates the performance of the Registrar and the effectiveness of Council members Evaluates the performance of the Council in achieving its mission

Council Members

Have no service contracts with SACAP

Are appointed in their individual capacities on the strength of either their specialist input or their knowledge of the body by whom they were nominated

Meet certain standards of conduct and attention in carrying out their responsibilities

Subscribe to the duty of care that an ordinarily prudent person would exercise in a like position and under similar circumstances.

This means that Council members owe the duty to exercise reasonable care when they make a decision

Subscribe to the duty of loyalty and give undivided allegiance when making decisions affecting the Council. T

his means that Council members can never use information obtained as a member for personal gain, but must act in the best interest of the Council

Subscribe to the duty of obedience by being faithful to the Council’s mission. They are not permitted to act in a way that is inconsistent with the central goals of the Council

Regularly attend Council meetings and important related meetingsMake a serious commitment to participate actively in committee workVolunteer for and willingly accept assignments and complete them thoroughly and on time Equip themselves and keep up-to-date with legislation relevant to the architectural profession

Stay informed about committee matters, prepare themselves well for meetings, and review and comment on minutes and reports Actively participate in the Council's evaluation and planning efforts Initiate and maintain a PRO function in networking with other councils and stakeholders

The President of the Council

Is a member of the Council

Chairs meetings of the Council after developing the agenda with the Registrar and ensures that meetings are run productively

Provides leadership to the Council based on policy

Encourages Council's role in strategic planning

Serves ex officio as a member of committees and attends their meetings when necessary

Helps guide and mediate Council actions with respect to organisational priorities and governance concerns

Reviews with the Registrar any issues of concern to the Council Performs other responsibilities assigned by the Council

The Vice-President

Is a member of the Council

Performs presidential responsibilities when the President is not available

Reports to the Council’s President Works closely with the Registrar and other staff Performs other responsibilities as assigned by the Council

The Treasurer

Oversees the Registrar’s management of Council’s finances

Oversees the Registrar’s administration of Council’s fiscal matters

Ensures development and Council review of financial policies and procedures

Committee Chairpersons

Set the tone for the committee work Work closely with the Registrar and other staff

Assign work to the committee members

Set the agenda in consultation with the Registrar

Ensure that meetings are run productively Initiate and lead the committees’ annual evaluation

Committee Members

Are appointed in their individual capacities on the strength of either their specialist input or their knowledge of the body by whom they were nominated

Meet certain standards of conduct and attention in carrying out their responsibilities

Do not act in a way that is inconsistent with the central goals of the Council

Regularly attend committee meetings

Make a serious commitment to participate actively in committee work

Volunteer for and willingly accept assignments and complete them thoroughly and on time

Stay informed about committee matters, prepare themselves well for meetings and review and comment on minutes and reports

Subscribe to the duty of loyalty and give undivided allegiance when making decisions for submission to the Council. This means that committee members can never use information obtained as a member for personal gain, but must act in the best interests of the Council

The Registrar

Is primarily responsible for the efficient day to day functioning of the Council, and ensuring the effective implementation of Council decisions and policies

Facilitates compliance by the Council within the overall Government legislation and policy. Is expected to keep fully abreast of all relevant legislation and policy initiatives, and to monitor changes and advise the Council accordingly

Prepares an annual business plan and budget for approval by the Council to support its activities and operations Is responsible for financial control and report on a regular basis, as determined by the Council, on the financial status of the Council

Co-ordinates all the work of the Council to ensure that strategy priorities are met. This will include preparation for annual strategic review sessions of the Council together with Chairpersons of the Council Committees, leading to the identification of strategic priority areas for consideration by the CouncilIn consultation with Committee Chairpersons, arranges Committee meetings, prepares and issues agendas, issues minutes and follows up actions arising from meetings

Ensure that members have the information needed to carry out their work

Oversee the logistics of committees’ operations Submit written reports to the Council on the committees’ decisions/recommendations

Represents the Council as delegated and mandated on external bodies and prepares, for consideration by the Council, regular reports on the nature, content and relevance of deliberations at these forums

Powers delegated to the Registrar in terms of the Act

Section:

11(a) Decide on applications for registration
11(c) Keeping of registers
12(2) Waiving of annual, registration and other fees
14(b) Signing of contracts
19(3)(c) Notice of refusal to register
20(1)(a) Cancellation of registration if a registered person:becomes disqualified from registration under section 19(3) e.g. fraud, insolvency, imprisonment, etc is registered in error fails to pay the annual fee20(1)(b) Issue of notice of cancellation
20(2)&(3) Routine cancellation of registration e.g. of a candidate on qualifying
for registration and resignation
22(3) Re-registration after arrears and other fees paid
25(3) Recognition of voluntary associations and issue of certificates
28 Improper conduct
28(1) Reference of complaint to Investigating Committee;
Administrative functions of Investigating Committee
29 Administrative functions in connection with a charge of improper conduct
31&S32 Administrative functions for the disciplinary tribunal
36(2) Publication of rules in gazette

Conclusion

The Corporate Governance guidelines set out in this document were adopted by the Council at a meeting held on 18 February 2006 and will be updated on an annual basis


Evaluation of the Performance of the Council

Methodology
Comprises components to measure the Council’s performance and includes:Approved budget and plan of work Annual review against milestones Mid-term review End-of-term review
The 4-year term horizon reflects the Council’s term of office as stipulated in the Act, while the business plan provides the basis for the 12-month work plan horizon

Performance measurement begins with an approved budget and plan of work. Progress of the Council is measured at every meeting, while an annual performance review, drawing on the approved work plan and progress reports, is conducted at the end of each year. A mid-term review is conducted halfway through each Council’s four-year term in order to identify lessons learned and to implement any required policy and/or strategy re-alignment

Approved Business Plan
The approved plan of work forms the basis for measuring performance. The plan should address:Outline of programmes (4-year term horizon) 12-month work plan (12 month time horizon)
Progress Reports
A progress report is made at each Council meeting. It focuses on actual vs planned performance and on the corrective action required to address material gaps that may have arisen

The report is to:

Analyse achievements over the period under review Define the milestones and/or deliverables for the following period

Annual Performance Review

This comprises an analysis of achievements against expected deliverables according to the plan of work

Mid-Term Review

Progress towards implementing strategic priorities

Constraints being faced in implementation

Constraints in legislation preventing implementation

Future action that may be required to implement strategic priorities

The output of the review is envisaged as a document that focuses on performance and the actions required in order to improve implementation. Specifically, the document should summarize (a) progress and issues, (b) decisions and resolutions and (c) actions, responsibilities and due dates

End of Term Review

This review follows the requirements of the mid-term review but will in addition be an analysis of how the Council and its committees performed against deliverables during its term of office