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FACULTY OF BUILT ENVIRONMENT

CONSTRUCTION ENTREPRENEURSHIP IV - ASSIGNMENT 3

“CONCISE SYNOPSIS OF THE QUANTITY SURVEYING ACT 2000”
SEPTEMBER 2010

COMPILED BY:

NCAPAYI XOLA 209046627

FOR

LECTURER: MR JH BEZUINDENHOUT
Table of Contents
Introduction 3
Establishment of South African Council for the Quantity Surveying Profession 3
Composition of council 4
Nomination procedure 4
Term of office of members of council 4
Disqualification from membership of council and vacation of office 4
Election of president and vice- president 5
Appointment of the registrar and other staff members of council 5
Decisions of the council 5
Administrative power of council 5
Powers of the council with regard to registration 5
Powers of the council with regard to fees and charges 5
Powers of the council with regard to education in quantity surveying 5
General powers of council 6
Funds of the council and keeping and audit of accounts 6
Reports to CBE 6
Committees of council 6
Categories of registration 6
Registration 6
Cancellation of registration 6
Authorized titles 7
Renewal registration 7
Professional conduct 7
Act binding on the State 7
Short title and commencement 7

Introduction

This assignment is about Quantity Surveying Act 2000. It will give an overview of the act how it is implemented for who.

It will cover definitions; establishment of the council; composition of council; nomination procedures; term of office; disqualification from membership; election of president and vice- president; appointment of registrar; decisions of council and administrative powers of council, etc.

The act meant to provide for the establishment of a juristic person to be known as the South African Council for the Quantity Surveying Profession and also to provide for the registration of the professionals, candidates and specified categories in the profession. It also looks at regulating relationship between the South African Council for Quantity Surveying and Built Environment.

This was enacted by the Parliament of the Republic of South Africa with all definitions listed in it for better understanding of the act and meanings of the words / abbreviations and acronyms used in it.

Establishment of South African Council for the Quantity Surveying Profession

It is established as a juristic person to be known as South African Council for the Quantity Surveying Profession.

Composition of council

Council is composed of members as follows as appointed by the Minister and for the purposes of transparency and representivity: - Nine registered persons, excluding candidates of whom one must be actively practicing in the quantity surveying profession. - Two professionals, who are professors or lecturers in quantity surveying in any accredited institution. - Three professionals in the service of the State nominated by by any sphere of government, of whom at least one must be nominated by the department and - Three members of the public nominated through an open process of public participation.

Nomination procedure

When nominations are taking place in terms sections stipulated in the act, the council must invite registered persons, voluntary associations, educational institutions and State. Nominations must take place within 60 days from date of invitation. These nominations must be published in the Gazette and any leading newspapers the council considers necessary.
The Minister will appoint new members within 60 days from the date of the receipt of the nominations from the outgoing council.

Term of office of members of council

The members are allowed to serve in the office for four years but they can continue in the office until they are succeeded by duly constituted council.
Members cannot serve in the office for more than two consecutive terms.

Disqualification from membership of council and vacation of office

- A person may not be appointed if s/he is not a South African citizen - If is disqualified from being a member of the council - If he has committed an offence in the Republic, other than an offence committed before 27 April 1994 associated with political objectives. - Resigns in the council and - Declared by High Court of law to be of unsound mind

Election of president and vice- president

The first meeting of the new constituted council must elect president and vice-president who are registered persons and one is actively practicing in the quantity surveying profession. They also hold office for the period of years after their appointment.

Appointment of the registrar and other staff members of council

The council must a registrar and after appointment the registrar must sign a performance agreement. Other staff may be employed and performs functions the council deem necessary.

Decisions of the council

The majority of the members of the council present in the meeting will take a decision. If votes are equal the presiding officer in the meeting has a casting vote.

Administrative power of council

The council must decide on the following issues: - Remuneration of the members. - Where head office should be situated - Manner in which the meetings should be convened.

Powers of the council with regard to registration

Based on the act the council may consider and decide on any application for registration and prescribe the period of validity of the registration.

Powers of the council with regard to fees and charges

The council may determine with regard to fees and charges payable to it – - Application fees - Registration fees and annual fees or portion thereof

Powers of the council with regard to education in quantity surveying

Subject to Higher Education Act 1997 ( Act 101 of 1997), conduct accredited visits to any educational institutions which has a department, school of quantity surveying. It must consult with South African Qualifications Authority. The council should give advice or render assistance to any educational institutions, voluntary associations or examining body with regard to educational facilities.

General powers of council

In addition to other powers that the council may have, it can acquire, hire maintain, let, sell or dispose of movable or immovable property. Decides on upon the manner in which contracts must be entered into.

Funds of the council and keeping and audit of accounts

Funds for the council consist of any money received in terms of this Act and all other monies which may accrue to the council from any other legal source, including fines and penali=ties imposed by the council.
The council may remunerate its members and committee members from its funds.

Reports to CBE

The council must provide a report within six months from the close of its financial year to CBE with its activities.

Committees of council

The council may establish any committee, including an investigating committee, to assist in the performance of its function and may appoint any person to that committee.

Categories of registration

Categories in which a person may register in the quantity surveying profession are: - Professional Quantity surveyor - Candidate Quantity surveyor - Specified categories prescribed by the council

Registration

A person must apply in the prescribed application form to the council for registration in a category referred to in section 18(1). The form must accompanied by the prescribed fee.

Cancellation of registration

The council may cancel the registration of a registered person if he or she becomes disqualified, has erroneously been registered and fails to pay prescribed annual fee or portion.

Authorized titles

Persons registered in any of the categories referred to in section 18(1) in the act may describe himself / herself as – - Professional Quantity Surveyor - Candidate Quantity Surveyor

Renewal registration

A registered person must three months before expiry of his or her registration apply in the prescribed manner

Professional conduct

Council must in consultation with CBE, voluntary associations and registered persons draw up a code of conduct for registered persons.

Act binding on the State

The act binds the state

Short title and commencement

The Quantity Surveying Act 2000, as it is called, commences on a date of fixed by the President by proclamation in the Gazette.

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