ARRANGEMENT OF SECTIONS
1. Short title
Architects' Registration Council
3. Establishment of Council
4. Seal of Council
5. Membership of Council
6. Institute to elect members
7. Powers and functions of Council
8. Tenure of office
9. Minister's power to appoint members required to be elected
10. Disqualification, removal and resignation
11. Filling of vacancies
12. Alternate and co-opted members
13. Committees of Council
14. Election of Chairperson and Vice Chairperson
15. Meetings of Council
16. Meetings of committees of Council
17. Disclosure of interest
18. Validity of decisions and acts of Council
19. Reports to the Minister
20. Remuneration and allowance
Registrar, Register and Registration
23. Qualification for registration
24. Procedure for registration
25. Temporary registration
26. Certificate of registration and practising certificate
27. Refusal to register
28. Suspension of registration
29. Removal from the register
30. Restoration of name to the register
31. Appeal against refusal to register, etc.
32. Return of registration certificate to Registrar
33. Register to be prima facie evidence
34. Offences in connection with the register
Disciplinary and other Inquiry
35. Inquiries by Council
36. Disregard of summons, etc.
37. Powers of Council at inquiry
38. Disciplinary powers of Council
39. Architect, architectural technologist or architectural draftsperson becoming unfit to practise
40. Appeal against decision of Council at inquiry
41. Publication of outcome of proceedings
42. Revenues of Council
43. Financial year
44. Accounts and audit
45. Annual report
47. Transitional provisions
48. Effect of registration
48A. Submission of drawings
49. Offences and penalties
Act 23, 2008,
S.I. 20, 2009,
Act 16, 2014,
S.I. 87, 2014.
An Act to establish the Architects' Registration Council; to provide for the registration of architects; to provide for the regulation of the practice of architecture and for matters incidental thereto.
[Date of Commencement: 23rd March 2009]
Preliminary (ss 1-2)
This Act may be cited as the Architects' Registration Act.
In this Act, unless the context otherwise requires-
"architect" means a person who is registered as an architect under section 24;
"architectural draftsperson" means a person who is registered as an architectural draftsperson under section 24;
"architectural technologist" means a person who is registered as an architectural technologist under section 24;
"committee" means a committee of the Council;
"Council" means the Architects' Registration Council established under section 3;
"Chairperson" means the Chairperson of the Council;
"member" means a member of the Council;
"register" means the register of architects, architectural technologists and architectural draftspersons established and maintained under section 22;
"Institute" means a body registered under the Societies Act, which adequately demonstrates to the Minister that it is representative of the majority of architects practising in Botswana at any given time;
"work of an architect" means the sole production, or production under direct supervision by a registered architect, and necessary preparatory work, thereto, of building designs and related works, technical documentation and site inspection for such building or works, whether or not coordinated with engineering requirements.
Architects' Registration Council (ss 3-20)
(1) There is hereby established a Council to be known as the Architects' Registration Council.
(2) The Council shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.
(1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Secretary thereof.
(2) The affixing of the seal shall be authenticated by the Chairperson or Vice Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Council.
(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Council by the Secretary or any other person generally or specifically authorised by the Council in that behalf.
(1) The Council shall consist of eight members who shall be resident in Botswana.
(2) Without prejudice to the generality of subsection (1), the Council shall consist of the following members-
(a) one person eligible for registration under the Act, appointed by the Minister;
(b) one person from outside the profession of architecture, appointed by the Minister;
(c) the Director of the Department of Building and Engineering Services or his or her nominated representative, who shall be an ex-officio member;
(d) four persons eligible for registration under the Act, elected by the Institute, of whom at least two shall be from the private sector; and
(e) a professor or lecturer in architecture eligible for registration under the Act, from a tertiary institution who shall be elected by the Tertiary Education Council established under the Tertiary Education Act.
(3) The members shall elect a Chairperson and Vice Chairperson in accordance with section 14.
(4) The Minister shall cause the appointment of the members to be published by notice in the Gazette.
The Institute shall, within three months of the coming into force of this Act, elect members to the Council in accordance with section 5(2)(d), and, thereafter, within one month of the expiry of the member's tenure of office.
(1) The Council shall regulate the activities and conduct of registered architects in accordance with the functions and powers conferred upon it by this Act.
(2) Without prejudice to the generality of subsection (1), the Council shall-
(a) protect the interests of members of the public in any dealings which such members of the public may have with registered architects;
(b) maintain the integrity, improve the standards, and the professional qualifications of architects;
(c) encourage research by architects into matters relating to the profession of architecture;
(d) give advice to persons intending to become architects;
(e) finance, print or circulate publications relating to the profession of architecture;
(f) make recommendations to the Minister for the further development of the profession of architecture;
(g) authorise the Registrar to appoint, on behalf of the Council, temporary staff at such remuneration as the Council may determine; and
(h) generally do all such things as, in the opinion of the Council, are necessary for the better performance of the functions of the Council.
(3) The Council may in exercising its powers under subsection (2) (b) determine, after consultation with the Botswana Training Authority, conditions relating to-
(a) the nature and extent of continuing education training for architects, architectural technologists and architectural draftspersons;
(b) the nature and extent of education and training for trainee architects, trainee architectural technologists and trainee architectural draftspersons; and
(c) the nature and extent of continuing professional development for architects, architectural technologists and architectural draftspersons.
(1) A member shall hold office, in the case of an-
(a) appointed member, for such period, not exceeding three years, as may be specified in the notice appointing him or her; and
(b) elected member, for a period of two years:
(i) a member elected immediately after the commencement of this Act shall hold office for a period of one year, and
(ii) on the expiry of his or her term of office he or she shall continue to hold office until a successor has been elected or a period of three months has elapsed, whichever occurs first.
(2) Notwithstanding the provisions of subsection (1), the Chairperson shall hold office for a period of three years.
(3) A member whose term of office expires shall be eligible for re-appointment or re-election, as the case may be, as a member.
(1) The Minister shall appoint a member where the Institute fails, neglects or refuses to elect a member-
(a) within 21 days of notification by the Minister to elect a member, in accordance with section 5 (2) (d); or
(b) within the period referred to in section 11 (1) to fill a vacancy in terms thereof.
(2) A member appointed under-
(a) subsection (1) (a) shall hold office for such period, not exceeding two years, as the Minister may determine; and
(b) subsection (1) (b) shall hold office in accordance with section 11,
and shall be deemed to have been duly elected to the Council.
(1) No person shall be appointed or elected as a member or be qualified to continue to hold office as a member who has-
(a) in terms of a law in force in any country-
(i) been adjudged or otherwise declared bankrupt or insolvent and has not been discharged, or
(ii) made an assignment, arrangement or composition with his or her creditors, which has not been rescinded or set aside; or
(b) within a period of 10 years immediately preceding the date of his or her proposed appointment, been convicted-
(i) in Botswana, of a criminal offence,
(ii) outside Botswana, of an offence which if committed in Botswana, would have been a criminal offence,
and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon.
(2) The Council may, by notice in writing, remove a member from office where the member-
(a) is absent without reasonable cause from three consecutive meetings of the Council of which he or she has had notice;
(b) is inefficient;
(c) has been found to be physically or mentally incapable of performing his or her duties efficiently, and his or her medical doctor has issued a certificate to that effect;
(d) contravenes a provision of this Act or otherwise misconducts himself or herself to the detriment of the objectives of the Council; or
(e) has failed to comply with the provisions of section 17.
(3) A member may resign from office by giving 30 days notice in writing to the Chairperson.
(4) The office of a member shall become vacant after-
(a) a period of 30 days from the date a ruling against the member is made on all appeals made in respect of charges levelled against him or her under subsection (1) (b);
(b) a period of 30 days has elapsed from the date the member has given notice in writing to the Chairperson under subsection (3), of his or her intention to resign;
(c) a period of 30 days has elapsed from the date the member is given notice in writing by the Chairperson to vacate office; or
(d) the member is summarily dismissed by the Council on the grounds of contravening a provision of this Act or for misconduct under subsection (2) (d).
(5) For purposes of subsection (2), "misconduct" includes any act done without reasonable excuse by a member which-
(a) amounts to failure to perform in a proper manner any duty imposed on him or her as a member;
(b) is prejudicial to the efficient conduct of the Council; or
(c) tends to bring the Council into disrepute.
(1) The Institute shall, on being notified by the Council in writing of a death or vacation of office of an elected member, elect, within such period as may be specified in the notice, being not less than 60 days from the date of the
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