presentation to the portfolio committee on public works: built environment professions bill, 2008 30...

PRESENTATION TO THE PORTFOLIO COMMITTEE

ON PUBLIC WORKS: BUILT ENVIRONMENT

PROFESSIONS BILL, 2008

30 July 2008CAPE 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.

Old Structure

Minister of Pubic Works

CBE SACQSPSACPCMPSACPVPSACLAPECSASACAP

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 20 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 ofPublic Works

SACBE

SACAP ECSA SACLAP SACPVP SACPCMP SACQSP

New Structure


• 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.


• 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.


• 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


• 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.


• 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, make regulations regarding:– 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;

– Any other matters 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

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.

2006/2007 2007/2008 2008/2009 2009/2010 2010/2011

R R R R R

000 000 000 000 000

Income 52,039.40 76,478.74 89,054.48 96,295.69 105,480.33

Government Grant 7,815.00 23,939.00 26,200.00 26,000.00 18,000.00

Registration fees 38,929.00 46,714.80 56,447.05 62,286.40 77,468.71

Other Income 5,295.40 5,824.94 6,407.43 8,009.29 10,011.62

Expenses 51,002.00 58,228.90 68,227.18 88,143.54 99,557.78

Administrative Costs 28,930.00 31,823.00 36,596.45 43,915.74 46,550.68

Other operating expenditure 21,911.00 26,293.20 31,551.84 44,172.58 53,007.09

Finance Costs 161.00 112.70 78.89 55.22 -

1,037.40 18,249.84 20,827.30 8,152.15 5,922.55

Financial Feasibility

THANK YOU

presentation to the portfolio committee on public works: built environment professions bill, 2008 30...

Documents