Introduction to the BEPA Bill
In 2000, seven pieces of legislation were
approved by Parliament in order to regulate the
built environment; six of them regulating the
various professions and the seventh establishing
the Council for the Built Environment. The
proposed act will repeal these seven pieces of
legislation.
Eight years into the
regulatory model established by the 2000
legislation, both the Department and the
regulated professions have grappled with issues
of access to the professions, transformation,
the lack of a macro-strategy for the built
environment professions and other shortcomings
in the present regulatory model. It is these
challenges that necessitate a revision of the
present regulatory model.
The Council for the Built Environment (CBE) in
the old structure was supposed to play an
overarching role over the professional councils,
which it has not managed to do effectively.
Specific provisions in the BEP Bill supposedly
address these shortcomings particularly by means
of a stronger South African Council for the
Built Environment (SACBE).
The BEP Bill, once
promulgated, will repeal:
1. The Council for the Built Environment Act,
2000 (Act No. 43 of 2000),
2. The Architectural Profession Act, 2000 (Act
No. 44 of 2000),
3. The Landscape Architectural Profession Act,
2000 (Act No. 45 of 2000),
4. The Engineering Profession Act, 2000 (Act No.
46 of 2000),
5. The Property Valuers Profession Act,2000 (Act
No. 47 of 2000),
6. The Project and Construction Management
Professions Act, 2000 (Act No. 48 of 2000)
7. The Quantity Surveying Profession Act, 2000
(Act No. 49 of 2000).
Under the transitional
arrangements, from the date of the first meeting
of the Council constituted under this BEP Bill,
all rights, obligations, assets and liabilities
acquired or incurred by the existing
professional councils shall immediately vest in
the Council and the Council shall be deemed to
have acquired or incurred those rights,
obligations, assets and liabilities under this
Bill.
The shortcomings have been identified as the
lack of accountability by the various Councils,
governance failures and a lack of accountability
to the CBE. Also, the existing legislation is
perceived to be one of the barriers to access to
the professions by previously disadvantage
individuals.
The objects of the BEP Bill
are to:
1. Establish the South African Council for the
Built Environment and professional boards;
2. Regulate the built environment professions to
promote growth and transformation:
3. Provide for registration of persons within
the built environment profession;
4. Provide for the protection of the public
against unprofessional conduct by registered
persons;
5. Provide for dissolution of the present
councils and provide for transitional matters in
regard thereto; and promote and maintain the
standards of education and training in the built
environment profession.
Professional Boards will
replace the existing Councils and retain the
responsibility for regulating their specific
professions. The implication is that if there is
no major change in the administration of the
engineering professions, with ECSA being
replaced with a Board, and existing initiatives
continuing with the anticipated improvement in
efficiency and effectiveness then there is
little to be apprehensive about.
One of the areas that has been subject to
implementation complications, is that of
compulsory registration, with specific reference
to the Engineering profession.
However, one fails to see how stripping the
existing Professional Councils of their autonomy
will improve the management of the concerning
issues. There is no indication of how the
proposed structural change from Councils to
Boards will eliminate the problems identified
with existing legislation.
When considering the diversity of the presently
existing independent Professional Councils it is
not clear how the proposed coordinating body in
the CBE will provide the necessary leadership
and guidance.
The new Bill requires Board representation to
consist of 20% “community representative”, which
is a person appointed by the minister and NOT
registered with that Board. |
