CHAPTER 61:08
ARCHITECTS' REGISTRATION

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
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

 

 

 

PART III
Registrar, Register and Registration

 

   21.   Registrar

 

   22.   Register

 

   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

 

 

 

PART IV
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

 

 

 

PART V
Financial Provisions

 

   42.   Revenues of Council

 

   43.   Financial year

 

   44.   Accounts and audit

 

   45.   Annual report

 

 

 

PART VI
General

 

   46.   Indemnity

 

   47.   Transitional provisions

 

   48.   Effect of registration

 

   48A.   Submission of drawings

 

   49.   Offences and penalties

 

   50.   Exemptions

 

   51.   Regulations

 

 

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]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Architects' Registration Act.

 

2.   Interpretation

   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.

PART II
Architects' Registration Council (ss 3-20)

 

3.   Establishment of Council

   (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.

 

4.   Seal of Council

   (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.

 

5.   Membership of Council

   (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.

 

6.   Institute to elect members.

   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.

 

7.   Powers and functions of Council

   (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.

 

8.   Tenure of office

   (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:

   Provided that-

 

      (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.

 

9.   Minister's power to appoint members required to be elected

   (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.

 

10.   Disqualification, removal and resignation

   (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.

 

11.   Filling of vacancies

   (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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