Complaint Affidavit

Complaint procedure

Any member of the public may lay a complaint against a registered person who is registered in terms of the Architectural Profession Act 44 of 2000 whom they believe has contravened the Code of Conduct.

The Code deals with what constitutes improper conduct. A complaint of improper conduct against a registered person should be submitted in writing by way of Affidavit under oath or by affirmation.

For contact purposes, a Complainant must provide his/her name and contact details.

The Complaint Affidavit should include an overview of the alleged issue of concern and the time-frame of events. In addition, copies of relevant documents (for example, a copy of the brief, the written agreement or contract with the registered person and any other supporting evidence or other documentation considered relevant, for example, e-mail correspondence between the complainant and a registered person).

Below is a Complaint Affidavit to lodge a complaint of improper conduct in terms of section 28 (1) (b) of the Architectural Profession Act to download.

Complaints may be delivered to SACAP in one of the following ways:

E-mail:                        legal@sacapsa.com

Postal:                          P.O. Box 1500, Rivonia, 2128

Physical delivery:          51 Wessels Road, Right Wing, Rivonia, Sandton 2128

Fax:                              +27 11 479 5100

 

The complaint and all supporting documentation are submitted to the Investigating Committee. The Investigating Committee is mandated to investigate the matter; and obtain evidence to determine whether or not in its opinion the registered person concerned may be charged and, if so, recommend to the council the charge or charges that may be preferred against that registered person.

The role of the disciplinary tribunal is to make a finding on the alleged improper conduct and impose a sanction, which subject to the finalisation of any appeals. Appeal options which a registered person, who is found guilty, has, include an appeal to (1) SACAP’s full Council (2) the CBE (Council for the Built Environment) and/or (3) the High Court.

 A member of the public who is aggrieved by a decision of Council not to charge a registered person with improper conduct may appeal the decision of Council to CBE.

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