Statutory Mandates of SACAP
Thursday, 31 October 2019
Statutory Mandates of SACAP
1. Registration of Persons in the Architectural Profession
- Keep a register of Registered Persons;
- Decide on the form of certificates and the register to be kept;
- Maintain a register of issuing of certificates;
- Review the register and certificates and the manner in which alterations thereto may be affected;
- Determine conditions for the renewal of registration; and
- Cancel the registration of a Registered Person as prescribed by Section 20 of the Act.
2. Determination of Fees and Charges
- Determine application fees, registration fees, and annual fees; or portion thereof; in respect of a part of a year;
- Determine the date on which any fee or charge is payable; and
- Determine the fees, or portion thereof, payable in respect of any examination referred to in section 19, conducted by or on behalf of the Council.
3. Education in Architecture
- Subject to sections 5 and 7 of the Higher Education Act, 1997 (Act No. 101 of 1997), conduct accreditation visits to any educational institution which has a department, school or faculty of architecture. At least one such visit must be conducted during the Council’s term of office;
- Conditionally or unconditionally grant, refuse or withdraw accreditation to all educational institutions and their educational programmes with regard to architecture;
- Consult with the Council on Higher Education, established in terms of the Higher Education Act, 1997, regarding matters relevant to education in architecture;
- Consult with the South African Qualifications Authority, established by the National Qualifications Framework Act 67 of 2008, or anybody established by it and the Voluntary Associations, to determine competency standards for the purpose of registration;
- Establish mechanisms for Registered Persons to gain recognition of their qualifications and professional status in other countries;
- Liaise with the relevant the National Standards Body, established in terms of Chapter 3 of the regulations under the National Qualifications Framework Act 67 of 2008, with a view to the establishment of a standards generating body in terms of those regulations;
- Recognise or withdraw the recognition of any examination contemplated in Section 19;Enter into 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 the purposes of this Act;
- Give advice or render assistance to any educational institution, Voluntary Association or examining body with regard to educational facilities for and the training and education of Registered Persons and prospective Registered Persons;
- Conduct any examination for the purposes of section 19; and
- Determine, after consultation with the Voluntary Associations and Registered Persons, conditions relating to and the nature and extent of continuing education and training;
- 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.
4. General Mandates of Council
- Determine, subject to Section 25, the requirements with which a Voluntary Association must comply to qualify for recognition by the Council;
- The Council may, if the Voluntary Association complies with the requirements determined in terms of Section 14(d), recognise that association and issue it with a certificate of recognition;
- Advise the Minister, any other Minister or the CBE on any matter relating to the architectural profession;
- Encourage and itself undertake research into matters relating to the architectural profession;
- Take any steps it considers necessary for the protection of the public in their dealings with Registered Persons for the maintenance of the integrity and the enhancement of the status of the architectural profession;
- Take any steps it considers necessary for the improvement of the standards of services rendered by Registered Persons;
- Create an awareness amongst Registered Persons of the importance to protect the environment against unsound architectural practices;
- Take any steps which it considers necessary, where, as a result of architectural-related undertakings, public health and safety is prejudiced; and
- Print, circulate, sell and administer the publication of, and generally take any steps necessary to publish, any publication relating to the architectural profession and related matters.
5. Financial Mandate
- Collect and invest funds of the Council;
- Keep full and correct account of all monies received and expended by it;
- Prepare a statement of income and expenditure and a balance sheet showing its financial position as at the close of the financial year to which it relates;
- The statement and balance sheet must be audited by an auditor registered in terms of the Public Accountants’ and Auditors’ Act, 1991 (Act No. 80 of 1991);
- Six months from the close of each financial year or such other period as may be agreed to by the Minister after a request by the Council, submit the audited statement and balance sheet to the Minister and must provide a copy to the CBE; and
- Six months from the close of each financial year, provide the CBE with a report regarding its activities during that financial year, for the purpose of Section 4 of the Council for the Built Environment Act, 2000.
6. Practising Architecture
- A person may not practise in any of the categories contemplated in Sub-section (1), unless he or she is registered in that category;
- A person who is registered in the category of candidate must perform work in the architectural profession only under the supervision and control of a professional of a category as prescribed;
- A Registered Person must use his or her title in all architectural reports and other documentation relating to his or her work in the architectural profession, prepared by or for him or her;
- The Council may determine abbreviations or acronyms for the titles referred to in Sub-section (1);
- A person who is not registered in terms of this Act, may not perform any kind of work identified for any category of Registered Persons; pretend to be, or in any manner hold or allow himself or herself to be held out as a person registered in terms of this Act; use the name of any registered person or any name or title referred to in section 18 or 21; or perform any act indicating, or calculated to lead persons to believe, that he or she is registered in terms of this Act; and
- Sub-section (3)(a) may not be construed as prohibiting any person from performing work identified in terms of this section, if such work is performed in the service of or by order of and under the direction, control, supervision of or in association with a Registered Person entitled to perform the work identified and who must assume responsibility for any work so performed.
7. Identification of Work
- Consult with all Voluntary Associations; any person; anybody; or any industry, regarding the identification of the type of architectural work which may be performed by persons registered; and
- After the process of consultation, the Council must submit recommendations to the CBE regarding the work identified in terms of Sub-section (1), for its consideration and identification in terms of Section 20 of the Council for the Built Environment Act, 2000.
8. Professional Guideline Fees
- Annually, after consultation with the Voluntary Associations to determine Guideline Professional Fees and publish those fees in the Gazette; and
- Ensure that the principles upon which determination of fees which Registered Persons are entitled to charge in terms of Section 34 of the Act are in accordance with any legislation relating to the promotion of competition.
9. Professional Conduct
- Council must, in consultation with the CBE, Voluntary Associations and Registered Persons, draw up a Code of Conduct for Registered Persons; and
- Administer the Code of Conduct and must ensure that the code is available to all members of the public at all reasonable times.
10. Investigation of Charge of Improper Conduct
- Investigate any complaint where Council has reasonable grounds to suspect that a Registered Person has committed an act which may render him or her guilty of improper conduct; or a complaint, charge or allegation of improper conduct has been brought against a registered person by any person;
- If the Council is convinced that sufficient grounds exist for a charge to be preferred against such a Registered Person, the Council must furnish a charge sheet to the Registered Person;
- The Council must appoint a Disciplinary Tribunal to hear a charge of improper conduct if a person charged.
- A Registered Person found guilty of improper conduct may appeal to the Council against a finding of the Disciplinary Tribunal or against the sentence, or both; and
- A Registered Person may, on payment of the prescribed fees and within 30 days from the date on which the refusal or cancellation came to his or her knowledge, appeal to the Council against that decision.