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.