PRESENTATION TO THE SELECT COMMITTEE ON PUBLIC SERVICE BUILT ENVIRONMENT PROFESSIONS BILL, OCTOBER 2008 CAPE TOWN

INTRODUCTION AND HISTORY OF BUILT ENVIRONMENT PROFESSIONS The built environment professions have always been registered historically; For example, the regulation of the engineering profession dates back to the Professional Engineers' Act, 1968; The primary reasons for regulation from a policy perspective are: –Professional acts have a major impact on the safety of the public; –It is necessary to set minimum competency and training standards for persons to perform professional acts; –The protection of the public; –The professions are strategically important for the attainment of government’s infrastructure goals and the realisation of its public works policy.

CURRENT REGULATORY FRAMEWORK  CBE Over – arching body consolidating professions’ activities; Transformation of the professions; Uniform implementation of Government policy; Protecting the public; Advisor to Government.  PROFESSIONAL COUNCILS Autonomous Bodies – self regulating of individual professions; Registration of professionals; Accreditation of institutions; Identification of Work; Professional standards; Code of conduct for profession specific requirements.

Minister of Pubic Works CBESACAPECSASACLAPSACPVPSACPCMPSACQSP Old Structure

SHORTCOMINGS Fragmented planning and implementation of policy; Autonomy in activities and funding; Low level of registration; Lack of accountability and governance failures; and Barriers to access to the professions by PDI’s.

Composition and Management SACBE 1 representative from each board 4 Govt representatives (DPW, DoE, Infrastructure Depts) 2 Higher Education South Africa 6 Community Representatives Professional Boards Max 30 members 20% Community representatives Representatives from educational institutions & state Depts One person versed in law SOLUTIONS TO OVERCOME PRESENT SHORTCOMINGS PRESENTED BY THE BILL

Minister of Public Works SACBE SACAPECSASACLAPSACPVPSACPCMPSACQSP New Structure

SOLUTIONS TO OVERCOME PRESENT SHORTCOMINGS PRESENTED BY THE BILL Fragmented planning and implementation: Chapter 1 provides for the SACBE to, inter alia: –co-ordinate the activities of the professions as a whole; –promote and regulate inter-professional liaison; –determine strategic policy in line with national public works policy; and –ensure the consistent application of such policy by the professions in areas such as education standards, registration, code of conduct, fee tariffs, health, safety and environmental protection.

SOLUTIONS TO OVERCOME PRESENT SHORTCOMINGS PRESENTED BY THE BILL Autonomy on activities and funding: The current regulatory model promotes a duplication of activities and resources directed at the same goals. Chapter 1 envisages a model where: –The activities that affect the professions as a whole will be harmonised, synchronised and actioned by the SACBE; –The cost base for the regulation and promotion of the professions (which is currently significantly duplicated) can be significantly reduced; –The benefits of economies of scale and the cross- subsidisation of the professions can be unlocked.

SOLUTIONS TO OVERCOME PRESENT SHORTCOMINGS PRESENTED BY THE BILL Low level of registration: Chapter 2 envisages as system in which: –The scope of work reserved for each of the professions will be prescribed by Regulation; –The minimum education and competence standards for qualification will be prescribed and harmonised; –Registration will be a prerequisite for practising a profession in respect of which the scope of work has been prescribed; and –Provision is made for the registration of persons who presently practice the professions without registration. Compulsory registration –South African –Foreign Qualifications/Professionals –Foreign Academics

SOLUTIONS TO OVERCOME PRESENT SHORTCOMINGS PRESENTED BY THE BILL Lack of accountability and governance failures: Chapter 1 envisages as system in which: –The SACBE as a body will be accountable to the Minister in respect of its objects and functions as set out in the Bill; –Members of the SACBE will be appointed by and accountable to the Minister; –The SACBE will be subject to the PFMA; –The advent of compulsory registration, coupled with the criminalization of practicing without registration, will ensure that all persons practising the professions will be accountable to the SACBE and its constituent boards; Chapter 3 provides a framework for holding registered professionals accountable for unprofessional conduct.

SOLUTIONS TO OVERCOME PRESENT SHORTCOMINGS PRESENTED BY THE BILL Barriers to access to the professions by HDI’s: The system envisaged by Chapters 2 and 4 will ensure that the Minister is given the power to prescribe by Regulation: –The scope of registrable professions; –Standards of education required as a condition precedent for registration, the curricula thereof and duration of study; –Nature and duration of post-qualification training required prior to registration. The above will ensure transparency in the qualification and registration process and ensure that persons meeting the prescribed requirements are registered and have access to the professions.

REGULATIONS The Minister, may after consultation: –Registration –Standards of education & training Conditions under which any registered person may practice Names and titles which may not be used by unregistered person; Specialties or professional Categories or additional professional categories Nomination of members of a professional board Manner in which complaints, charges or allegations brought against a registered person must be lodged; Matter which in terms of this Act is required to be prescribed by regulation

CONSULTATION Policy gazetted – 7 March 2008 Core Stakeholder Engagement – 18 March 2008 (VA & Councis) Public Sector Consultation – 02 April 2008 (Govt Depts) Public Consultation – 04 April 2008 Written comments extended from 28 March 2008 to 11 April 2008 –100 written comments Memorandum of Objects of the BEP Bill– 30 May 2008 PC Hearings – August 2008

ISSUES RAISED International Accords Extensive Powers of Ministers Infringing on DoE Mandate Insufficient Consultation Peer Review Lowering of standards Exemption of individuals from registration Emigration of Skills.

CONCLUSION AND TRANSITIONAL ARRANGEMENTS A number of aspects, as set out in Section 48, will be prescribed by the Minister by Regulation after consultation with the SACBE; Provision is also made for the SACBE, after consultation with the professional boards, to determine certain matters, for instance conditions relating to continuing professional development and the recognition of voluntary associations; The existing professional councils regulating the professions will continue to exist until the first meeting of the SACBE, on which date all of their rights, obligations, assets and liabilities will automatically vest in the SACBE; All employees of the existing professional councils will become employees of the SACBE on the date of the first meeting of the SACBE.

2006/ / / / /2011 RRRRR 000 Income 52, , , , , Government Grant 7, , , , , Registration fees 38, , , , , Other Income 5, , , , , Expenses 51, , , , , Administrative Costs 28, , , , , Other operating expenditure 21, , , , , Finance Costs , , , , , FINANCIAL FEASIBILITY

TIME LINES Task Team consults stakeholders, develops regulations, organizational structure and reports to the Minister – 6 months; Council is appointed and Minister consults Council on Regulations to constitute Professional Boards (“PB”) and promulgates Regulations– 3 months; PB’s are established and the remainder of the Regulations are promulgated 3 months; First 6 months- old Councils operate in old dispensation. They are dissolved on Effective Date at SACBE’s first meeting; Second 6 months- remainder of the Regulations will be developed and finalised; and 12 monthsNew dispensation fully functional 12 months from the President assenting to the new Act.

President assents to the Bill Step 1 Minster sets up Task Team to draft Regulations & Organizational structure Step 2 & 3 Task Team drafts Regulations & Organizational structure Step 4 Task Team prepares and submit draft Regulations & Organizational structure to the Minster Step 5 Task Team engages the Minister. Minister approves drafts Regulations & Organizational structure Step 6 Notice of First Meeting of Council EFFECTIVE DATE Step 8A Minister publishes the Regulations on Professional Boards Step 8B Minster establishes Professional Boards Step 9 Minster consults with Council, Professional Boards & Voluntary Associations. Minister defines Scope of the built environment Step 10 Minister publishes the Regulations for public comment NEW DISPENSATION Step 11 Minister considers the comments. Minster promulgates the Regulations Legislation comes into operation COMMENCEMENT DATE Establishment of Council Step 7 Minster consults with Council on draft Regulations TRANSITIONAL ARRANGMENTS

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