< PreviousANNUAL REPORT 2022 – 2023 Preserving and advancing the highest international standards for the profession of architecture ANNUAL REPORT 2022 – 2023 68 3RD QUARTER REPORT TABLE 1: 3 RD QUARTER COMPLAINTS OF IMPROPER 1.Number of complaints received41 2.Number of complaints investigated 0 3.Complaints referred for further information 0 4.Number of complaints dismissed due to lack of evidence of improper conduct.0 5.Number of Complaints held in abeyance 1 6.Number of complaints the Investigating Committee decided that sufficient grounds exist for charge(s) to be preferred against a Registered Person 0 7.Number of complaints received against unregistered persons 20 8.Plea of guilt and settlement agreements 4 9.Number of matters adjudicated by the Disciplinary Tribunal. 5 Complaints referred to the South African Police Services TABLE 2: 3 RD QUARTER - CRIMINAL CASES (UNREGISTERED PERSONS) REPORTED TO THE SAPS No. Criminal case investigation statusNumber of cases 1.Withdrawn/nolle prosequi 0 2.Number of compliant reported to SAPS10 3.Referred for Senior Public Prosecutor decision 2 4.Pending prosecution1 TOTAL13 4 TH QUARTER REPORT TABLE 1: 4 TH QUARTER COMPLAINTS OF IMPROPER 1.Number of complaints received 26 2.Number of complaints investigated 48 3.Complaints referred for further information 10 4.Number of complaints dismissed due to lack of evidence of improper conduct.8 5.Number of Complaints held in abeyance 0 6.Number of complaints the Investigating Committee decided that sufficient grounds exist for charge(s) to be preferred against a Registered Person 30 7.Number of complaints received against unregistered persons 11 8.Plea of guilt and settlement agreements 0 9.Number of matters adjudicated by the Disciplinary Tribunal. 4South African Council for the Architectural Profession PART B PERFORMANCE INFORMATION 69 Complaints referred to the Disciplinary Tribunal TABLE 2: 4 TH QUARTER – BREAKDOWN OF COMPLAINTS REFERRED TO THE DISCIPLINARY TRIBUNAL No. Charge(s) to be preferredNumber of charges 1.Perform professional work without entering into a written agreement with the client setting out requirements – Rule 4.1 (a) – (i) 21 charges to be preferred 2.Entering a professional relationship or association with a person who is not a registered person or a registered professional of a closely allied profession without the permission of Council 6 charges to be preferred 3.Misled client into believing that building plans were submitted at the municipality whilst in fact they were not submitted 1 charge to be preferred 4.Failure to attend to the referrals from the local authority within a reasonable time. 2 charges to be preferred 5.Failure to submit drawings to the local authority for approval.1 charge to be preferred 6.Failure to notify the Council within 30 days of establishing an architectural practice. 4 charges to be preferred 7.Failure to perform architectural work for a client within a reasonable time. 1 charge to be preferred 8.Failure to inform the client in writing about the progress of work undertaken on their behalf within a reasonable time. 1 charge to be preferred 9.Failure to adequately communicate with the client regarding architectural work undertaken. 1 charge to be preferred 10.Performing architectural work for the public during the period the registration is suspended/cancelled. 2 charges to be preferred 11.Failure to promote architectural services in a truthful manner. 2 charges to be preferred 12.Failure to perform architectural work under the direction, control and/or continual supervision of a registered professional entitled to perform such work and who must assume responsibility for any such work performed by the candidate. 5 charges to be preferred 13.Failure to ensure that the letterhead of the practice displays the names of principals, registration numbers and category of registration of principals. 8 charges to be preferred 14.Failure to take into consideration the standard of honesty and integrity that underpin the Code of Conduct when performing architectural work in that the he/she failed to provide the services that she was appointed for. 2 charges to be preferred 15.Failure to conduct him /herself in a professional manner throughout the appointment. 1 charge to be preferred 16.Failed to adequately advise the client in terms of the title deeds restrictions, 1 charge to be preferred 17.Unauthorised use of a registered person’s registration number to submit applications to the local authority for approval. 1 charge to be preferred 18.Establishment of Architectural practice whilst registered in the category of Candidate.1 charge to be preferred 19.Practice name portrays itself by name to be in a higher category than that of registered principals who own the practice. 2 charges to be preferred 20.Identified as the bona fide author of a building plan whilst he was not 1 Charges to be preferred TOTAL64 charges to be preferred Complaints referred to the South African Police Services TABLE 3: 4TH QUARTER - CRIMINAL CASES (UNREGISTERED PERSONS) REPORTED TO THE SAPS No. Criminal case investigation statusNumber of cases 1.Withdrawn/nolle prosequi 0 2.Original docket to be forwarded to relevant police station 4 3.Investigation completed suspect at large Detective is tracing the suspects 2 4.Number of compliant reported to SAPS11 5.Referred for Senior Public Prosecutor decision 1 6.Pending prosecution 0 TOTAL18ANNUAL REPORT 2022 – 2023 Preserving and advancing the highest international standards for the profession of architecture ANNUAL REPORT 2022 – 2023 PART C Governance ANNUAL REPORT 2022 – 2023 70South African Council for the Architectural Profession PART C GOVERNANCE 71 INTRODUCTION Corporate governance embodies processes and systems by which organizations are directed, controlled, and held to account. The Council is responsible for the overall governance of the organization. SACAP subscribes to the basic principles of corporate governance of accountability, transparency, fairness, responsibility, and risk management. EXECUTIVE AUTHORITY The Minister of the Department of Public Works & Infrastructure (DPWI) is responsible for the appointment of SACAP Council members. The CBE is responsible for ensuring that there is a uniform application of norms and guidelines set by Councils and to ensure consistency on the application of policy within the built environment. COMPOSITION OF THE COUNCIL The Council is appointed in terms of Section 4 of the Act, and it comprises of seven registered persons, excluding candidates, of which at least four must actively practice in the architectural profession, two 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 two members of the public nominated through a public participation process. THE ROLE OF THE COUNCIL Council sets the overall strategic direction for the organization. Therefore, the Council is responsible for strategic aims of SACAP, provides the leadership for the implementation of the strategy, supervises the management of SACAP and report to the Minister of DPWI on their stewardship of SACAP. THE COUNCIL CHARTER AND COMMITTEE FUNCTIONING GUIDELINES The purpose of the Charter is to provide an overview of the SACAP Council’s composition, role, responsibilities, meeting procedures, remuneration, and other related matters. In addition, the Council has Committee functioning guidelines that provide an overview of the composition of Committees, roles, meeting procedures, and other related requirements. Furthermore, Council has developed a Code of Conduct, whose purpose is to provide a framework to regulate the behavior of members of the Council and other persons appointed to SACAP Committees by the Council in a way that supports SACAP, its Vision, Mission, and Objectives.ANNUAL REPORT 2022 – 2023 Preserving and advancing the highest international standards for the profession of architecture ANNUAL REPORT 2022 – 2023 72 Composition of the 5th term Council Name Designation (in terms of the public entity Board Structure)Date appointed Qualifications/ Experience Other committees or task teams (e.g.: Audit Committee/ Ministerial Task Team) Number of meetings attended Mr Charles Ntsindiso Nduku PresidentApril 2019M.Arch, B.Arch, BAS Professional Fees, Transformation, Recognition of Prior Learning (RPL) Committees. 32 Ms Letsabisa Shongwe nèe Lerotholi Vice President Chairperson: Professional Fees and stakeholder Relations Committees April 2019 M. Arch, B.Tech Arch, N.Dip Arch Professional Fees, Registration, Recognition of Prior Learning, Stake-holder Relations, Transformation Committees. 40 Mr Lufuno Nematswerani Chairperson: Remuneration Committee (REMCO) April 2019 MBA, Post Graduate Diploma in management, Hons Degree in Human Resources Development Audit and Risk (ARC), Investigating & Social & Ethics Committees. 22 Mr Kevin Bingham Chairperson: Education and RPL Committees. April 2019M.Arch RPL Assessment and Heads of Schools tasks. 26 Ms Mandisa Pepeta- Daki Chairperson: Investigating and Transformation Committees. April 2019N.Dip Arch Continuous Professional Development (CPD), RPL Stakeholder Relations Committees. 34 Mr Mohammed Mohidien Chairperson: Registration Committee April 2019Experience Identification of Works (IDoW), RPL Committees. 31 Mr Rowan Graham Nicholls April 2019 B. Comm.CA (SA) CIA Computer Audit Qualification – NACCA ARC and REMCO Committees.13 Mr Vusi Phailane Chairperson: IDoW Committee April 2019M.Arch, B.Arch, BAS REMCO, Investigating, and RPL Committees. 34 Dr Sitsabo Dlamini Chairperson: Continuous Professional Development April 2019 MSc in International Construction Management, PhD in Political Economics Education Committee, RPL Committees 16South African Council for the Architectural Profession PART C GOVERNANCE 73 FIFTH TERM COUNCIL MR CHARLES NTSINDISO NDUKU PRESIDENT M.Arch, B. Arch,BAS Active 2019-2023 DR SITSABO DLAMINI MSc in International Construction Management, PhD in Political Economics, Chairperson: (CPD) Active 2019-2023 VICE PRESIDENT M. ARCH, B.TECH ARCH, N.DIP ARCH Chairperson: Guidelines Professional Fees Committee, and Stakeholder Relations Committee Active 2019-2023 MR LUFUNO NEMATSWERANI MBA, Post Graduate Diploma in Management, Hons Degree in Human Resources Development Chairperson: Remuneration Committee (REMCO) Active 2019-2023 MR KEVIN BINGHAM M.Arch, B.Arch, BAS Chairperson: Education Committee (EdCom) and Recognition of Prior Learning (RPL) Active 2019-2023 MS MANDISA PEPETA- DAKI N.Dip Arch Chairperson: Investigating Committee and Transformation committee Active 2021-2023 MR VUSI PHAILANE: M.Arch, B.Arch, BAS Chairperson: IDoW Committee Active 2021-2023 MR MOHAMMED MOHIDIEN: Chairperson: Registration Committee Active 2019-2023 MR ROWAN GRAHAM NICHOLLS: B.Comm. CA(SA) CIA Computer, Audit Qualification –NACCA Active 2019-2023ANNUAL REPORT 2022 – 2023 Preserving and advancing the highest international standards for the profession of architecture ANNUAL REPORT 2022 – 2023 74 5th term Council Meeting Attendance Name Number of Council and Committee Meetings attended Number of special SR Events attended Total Honoraria paid to each Councillor for each Council Meeting and SR Events Meetings Mr. CNN Nduku (President)3213R378,066 Ms. LR Shongwe née Lerotholi (Vice President)406R301,516 Mr. L Nematswerani221R251,360 Mr. K Bingham264R253,183 Mr. V Phailane343R387,292 Mr. M Mohidien312R327,857 Mr. RN Nicholls130R134,166 Ms. M Daki344R309,222 Dr. S Dlamini161R190,506 REMUNERATION OF COUNCIL AND COMMITTEE MEMBERS In terms of section 10 of the Architectural Profession Act, the Council may determine the remuneration and allowances payable to its members or the members of any Committee of the Council. The rate for honorariums for all Council and Committees is determined in line with the Treasurer Guidelines. Travel is paid at R4.18 per kilometre as per the SA Revenue Services (SARS) guideline. Council and Committee members receive honorariums for preparation and actual attendance of meetings. Honoraria paid to each Council member, per meeting President of CouncilR5,543.80 Vice President of Council R4,711.70 Council members R4,121.28 Chairperson of the Audit and Risk Committee R9,201.86 Audit and Risk Committee MembersR7,673.34 Chairpersons of CommitteesR4,121.28 Committee MembersR2,235.58South African Council for the Architectural Profession PART C GOVERNANCE 75 RISK MANAGEMENT As per SACAP’s governance protocols, the Audit and Risk Committee operated in this reporting period with an independent Chairperson and conducted its affairs in compliance with corporate governance principles. In the year under review, the approved Supply Chain Management Policy and other finance policies continued to be implemented by Council in order to direct the procurement and other finance related processes in line with SACAP’s strict adherence to corporate governance principles. The SACAP continued to implement the Risk Management Framework, Risk Management Policy, Fraud Prevention Policy as well as Fraud Prevention plan in order to ensure that risks are identified, registered, managed, and mitigated. Furthermore, there are formulated, approved, and implemented policies by each of SACAP’s departments to ensure that processes and controls are in place to mitigate unacceptable levels of risk. On a quarterly basis, the Risk Management subcommittee continued to engage in order to deal with strategic, operational, and fraud risk registers as well as compliance checklist. INTERNAL CONTROL SACAP’s Registrar oversees the regulator’s various internal departments to ensure that SACAP fulfills its statutory mandates and monitors them daily. The system of controls is designed to provide assurance that assets are safeguarded, policies are complied with, information is reliable and liabilities are efficiently managed. In line with the King IV Report on Corporate Governance requirements, Internal Audit provides the Audit and Risk Committee, Council, and management with the assurance that the internal controls are appropriate and effective and that it identifies corrective actions to be taken by SACAP where necessary. The standard operating procedures were developed for each SACAP’s department. In the reporting period, the following audits were conducted by the Internal Auditors in accordance with their Internal Audit Plan: • Audit of Performance Information • Follow up on Unresolved Audit Findings • Audit of Human Capital Management • Audit of Finance Discipline Auditor reports are submitted to the Audit and Risk Committee (where the Internal Auditors were also invited to present the report). FRAUD AND CORRUPTION During the period under review, a Fraud Prevention Policy has been reviewed and implemented. Management is responsible for the detection and prevention of fraud and corruption. The internal risk register monitors the possibilities of unpredictable risks of fraud and corruption. Fraud awareness is promoted through direct line managers sensitizing their direct reports regularly. Specific mechanisms for staff to confidentially report their suspicions about fraud and corruption are within SACAP’s operational management system. Council and executive management encourage all their stakeholders to report (on 24/7 basis) any perceived threat of fraud and corruption anonymously through the following channels: • Toll-free telephone number: 0800 004 007 • WhatsApp number: 0860 004 004 • SMS: 48691 • Secure email address: sacap@behonest.co.za • Online and chat: www.behonest.co.za • Free Post: BNT165, Brooklyn Square, 0075 MINIMIZING CONFLICT OF INTEREST The Supply Chain Management policy is strictly adhered to when goods and services are procured for SACAP, as well as during tender processes. The policy outlines the required processes to be followed in the procurement of goods and services. No conflict of interest had been identified during the reported period.ANNUAL REPORT 2022 – 2023 Preserving and advancing the highest international standards for the profession of architecture ANNUAL REPORT 2022 – 2023 76 CODE OF CONDUCT Council has developed a Code of Conduct, its purpose is to provide a framework to regulate the behaviour of members of Council and other persons appointed to SACAP Committees by the Council in a way, which supports SACAP, its vision, mission and objectives. By accepting an appointment as a SACAP Councillor or Committee member, a person will automatically be required to abide by this Code and SACAP’s policies in general and to sign a copy of the Code in confirmation of his/her undertaking to be bound by the Code. The Code applies to all Councillors and Committee members and as such, all Councillors and Committee members sign this Code and relevant annexures on their appointment as a Counsellor or as a member of a Committee. A Council member will be in breach should they act in contradiction of the following behavioural areas noted and defined in the Code of Conduct: • General conduct exemplifying honesty and integrity. • Personal dealings with SACAP without expectation of preferential treatment. • Respectful regard for SACAP resources. • Attendance at all Council meetings. HEALTH SAFETY AND ENVIRONMENTAL ISSUES During the period under review, SACAP has appointed the Health and Safety Officer responsible for all H&S related matters. SACAP has been working on the alignment with the Health and Safety requirements. One of the focus areas includes the inspection of SACAP offices and checking of any potential hazards that might harm employees. H&S rep serviced all the fire extinguishers, and all the recycling bins are in place. The Health and Safety Protocol Training was conducted by a Safety Officer for everyone. Staff members were equipped with the below mentioned skills: • How to extinguish fire; • What to do during emergency situation; • How to evacuate the building during fire, and other emergencies; • Also shown where is the emergency tool kid/box situated, and the items on the kit and how to use them. The next Health and Safety Exercise will be the combined with Fire Drill exercise with other tenants that are sharing building with SACAP. As the winter is approaching, the current focus is on cautioning of staff to be extra vigilant of communicable respiratory diseases such as coronavirus disease etc. SACAP is scheduling the refresher training on COVID protocols. COVID equipment such as Masked and Sanitors have been prepared for the winter season. All employees have been asked to report small safety incidences, this will help the staff to be extra vigilant at all times. SOCIAL RESPONSIBILITY We believe that Corporate Social Responsibility (CSR), represents a long term investment that serves to strengthen our operations. Outside the scope of SACAP responsibility to fulfill the statutory mandates and realizing the Fifth Term Council’s strategic objectives, the SACAP leadership is also committed to using its resources to benefit and uplift communities in need of assistance. MANDELA DAY CELEBRATION It is commendable that SACAP celebrated Mandela Day on 18 July 2022, by making a donation to the Othandweni Children’s Home. This was an excellent example of CSR, where SACAP undertook a proactive role in contributing to the betterment of society. The Othandweni Children’s Home is a vital care-giver Non-Governmental Organization (NGO) that caters to vulnerable children who have been subjected to abuse, neglect, and abandonment. Including children who display behaviour that cannot be controlled by their parents. These children require love, care, and support, and it was heartwarming to see that SACAP had taken a keen interest in their welfare. SACAP’s donation was based on the list of needs provided by the NGO, which shows that we taking a practical approach to social responsibility, by providing the necessary items that the NGO had identified as essential. SACAP demonstrated a commitment to making a real difference in the lives of these children. It is important to recognise that CSR should be an ongoing effort and not just a one-time event. SACAP will continue to make a difference by exploring other ways to support the Othandweni Children’s Home and other organizations that serve the needs of vulnerable children. In conclusion, this initiative was a positive example of CSR and an excellent reminder that organisations can make a meaningful difference in society by taking proactive steps to support vulnerable communities.South African Council for the Architectural Profession PART C GOVERNANCE 77 EDUCATION FUND In terms of section 15 (5) of the Act, the Council is enjoined to establish and administer an education fund for the purpose of education, training, and continuing education and training of registered persons and students in the architectural profession. SACAP has established an education fund and developed a policy to administer the Education Fund. As result 11 deserving students were granted bursaries to study architecture at various accredited Architectural Learning Sites.Next >