Key milestones achieved by SACAP during 2020/21
Introduction
The South African Council for the
Architectural Profession (SACAP) is a statutory body established in terms of
section 2 of the Architectural Profession Act 44 of 2000. The Act prescribes various mandates that must
be fulfilled by SACAP. We are proud to
announce that SACAP has fulfilled several notable mandates in 2020. This is despite
the severe challenges due to the novel coronavirus pandemic and the subsequent
restrictions in movement and interpersonal activity imposed by the government. May 2021 marks 2 years since the fifth term Council
was appointed by Minister of Public Works and Infrastructure.
Guideline professional fees
Section 34 of the Act mandates
the Council annually, after consultation with the voluntary associations, to
determine guideline professional fees and publish those fees in the Gazette.
The guideline professional fees were published on 7 August 2020.
Identification of Work (IDoW)
Section 26 of the Act read with
section 20 of the Council for the Built Environment (CBE) Act enjoins the SACAP
and the CBE to determine the IDoW. Following extensive consultation with
registered persons, voluntary associations, CBE and the Competition Commission,
the IDoW was published in a Government gazette on 30 April 2021.
Code of Conduct
Section 27 of the Act mandates Council in
consultation with the CBE, voluntary associations and registered persons to
draw up a code of conduct for registered persons. Following extensive
consultation with the above-mentioned stakeholders, the Code of Conduct was
published in a Government gazette on 19 February 2021.
Professional Practice Examination (PPE)
Section 19 (1) (b) (iii) mandates
the Council to register candidates with educational qualifications and who has
passed the PPE as determined by Council.
On 15 July 2020, SACAP introduced the first online PPE. The introduction
of the online PPE has eased the burden on candidates to travel to various venues
to sit for the examination. All candidates can write PPE at the comfort of
their homes or offices.
South African National Standards.
In terms of section 14 (h) of the
Act, SACAP is mandated to take any steps it considers necessary for the
improvement of the standards of services rendered by registered persons. In order to improve the standard of service
by registered persons, SACAP entered into a Memorandum of Understanding with
the South African Bureau of Standards (SABS) to ensure affordable access to
national standards by all registered persons.
On 30 September 2020, SACAP availed all applicable standards to the
profession for free. Furthermore, SACAP is currently working with the SABS
Academy to tailor make training and mentoring on the interpretation and
application of requirements contained within SANS 10400 for the architectural
profession.
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. This year SACAP distributed R 40 000.00 to 11 deserving
students across various educational institutions. Furthermore, SACAP is
currently in discussions with Construction Education and Training Authority
(CETA) for the funding of the SACAP mentorship program for candidates.
License to practice/Privy Seal
In terms of section 18 (2) of the
Act, a person may not practise in any of the categories contemplated in
subsection (1), unless he or she is registered in that category. In order to
ensure that only registered persons submit building plan applications at the
Local Authority, SACAP introduced a Privy Seal, a real time registration
verification mechanism. Privy Seal is an assurance to the public that the
registered professional has met the standards of registration.
Continuing Professional
Development (CPD)
Public protection
In terms of section 14 (g) of the
Act, SACAP is mandated to 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. SACAP received 127 complaints from members of the
public in 2020/21. All complaints were handled in line with the Act. Further,
SACAP continues to receive a high number of complaints against persons who are
not registered but performs architectural work for the public. Although these
complaints are reported to the South African Police Services for investigation
and prosecution, not much progressive has been achieved. To that end, SACAP
intends to prosecute unregistered persons directly through the courts for
bringing the profession into disrepute.
Competition Commission South Africa
In May 2021, the Memorandum of Understanding between SACAP and the Competition Commission was approved following extensive consultation between the two regulators. The MoU seeks:
o
to effectively coordinate exercise of the Competition
Commission’s and SACAP’s jurisdiction and powers when taking decisions on
competition matters within the architectural profession.
o Timeously provide each other with necessary information in respect of the investigation of anti-competitive practices, regulation of mergers and acquisitions, as well as research developments or studies within the built environment.
o
Advocate for SACAP to promote compliance with
competition law principles including on regulatory policies such as the IDoW
and Guidelines Professional fees.
Local Authority
A number of Registered Professionals have complained to SACAP about the
significant delays they experience at various Local Authorities on the approval
of building plan applications. SACAP engaged eThekwini, City of Johannesburg
and Mangaung metros amongst others to raise concerns about delays to approve
building plan applications. Furthermore, SACAP engaged the South Africa Local
Government Association (SALGA) and Cooperative Governance and Traditional
Affairs (COGTA) to address these concerns at a high level. The 5th
term Council encourages all local authorities to come on board to address the delays
in the approval of building plan applications and Fasttrack the improvement of the
country’s infrastructure to improve the economy as mention by honourable the
President Mr Cyril Ramaphosa on the economic recovery plan speech.
Conclusion
SACAP has weathered a difficult
storm very well. Although many challenges still face both the Council and architectural
professionals, the Council has achieved many successes. This is borne out by
the many letters of appreciation the Council receives from registered persons.
The Council looks forward to welcoming greater numbers of registered persons
and transform the profession.