Any member of the public may lay a complaint against a professional who is registered with SACAP in terms of the Architectural Profession Act 44 of 2000 (the Act), whom they believe has contravened the Act or the Professional Code of Conduct (the Code) enacted in terms of the Act.
The Professional Code of Conduct deals with what constitutes improper conduct on the part of a person registered in one of the professional categories provided for in the Act.
A complaint against a Registered Person (RP) or professional, should be submitted in writing by way of affidavit under oath.
For contact purposes, the complainant must provide his/her name and contact details.
The 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 RP and any other supporting evidence or other documentation considered relevant, for example, e-mail correspondence between the complainant and the RP).
Complaints may be sent to SACAP in one of the following ways:
Email:
1. Legal and Compliance Unit - email: legal@sacapsa.com
2. SACAP Contact Centre - email: info@sacapsa.com
3. Report any fraud activity to email: fraud@sacapsa.com
P.O Box 1500, Rivonia 2128
Hand delivery: 51 Wessel Road, Rivonia, Sandton 2128, South Africa.
Fax: +27 11 479 5100.
The process which follows is provided for in the Act and requires that SACAP, through its relevant committee structures, considers the complaint, including any response from the RP involved and any further information, so that the Investigating Committee can decide whether to recommend to Council or the Executive Committee, as the case may be, that a disciplinary tribunal be appointed.
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, is advertised publicly. Appeal options which an RP, 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.