ENGINEERS REGISTRATION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Engineers Registration Regulations

ENGINEERS REGISTRATION REGULATIONS

(section 20)

(10th June, 2016)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

   1.   Citation

   2.   Interpretation

PART II
Registration

   3.   Categories of registration

   4.   Application for registration

   5.   Registration

   6.   Disqualification from registration

   7.   Registration and other fees

   8.   Removal of name from register

   9.   Restoration of name to register

   10.   Inspection of the register

PART III
Practising Certificate

   11.   Practising certificate

   12.   Cancellation of practising certificate

   13.   Renewal of practising certificate

PART IV
Inquiry procedure

   14.   Improper conduct

   15.   Inquiry to be held

   16.   Investigation of improper conduct

   17.   Charge of improper conduct

   18.   Appointment of Disciplinary Committee

   19.   Inquiry procedure

   20.   Proceedings after hearing

PART V
Miscellaneous

   21.   Fees

   22.   Publication of names of engineers

   23.   Engineer's official rubber stamp

   24.   Offences

   25.   Revocation of S.I. No. 30 of 2015

      SCHEDULE 1

      SCHEDULE 2

      SCHEDULE 3

S.I. 30, 2015,
S.I. 58, 2016.

PART I
Preliminary

1.   Citation

   These Regulations may be cited as the Engineers Registration Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires -

   "Committee" means a Disciplinary Committee appointed by the Board under regulation 17(1);

   "engineering documents" includes design calculations, drawings, specifications and technical reports;

   "improper conduct" means conduct referred to in regulation 13(3); and

   "practice of engineering" means the rendering of or offering to render any service or work the performance of which requires education, training and experience in the field of engineering and the application of knowledge in the mathematical, physical and applied sciences to such services or work.

PART II
Registration

3.   Categories of registration

   (1) A person who is resident in Botswana and is desirous to be registered in the engineers profession shall apply to the Engineer Registration Board to be registered as-

   (a)   a professional engineer;

   (b)   a registered engineer;

   (c)   an engineering technologist, either as-

      (i)   a professional engineering technologist,

      (ii)   a registered engineering technologist, or

      (iii)   a graduate engineering technologist;

   (d)   an engineering technician, either as-

      (i)   a professional engineering technician,

      (ii)   a registered engineering technician, or

      (iii)   a graduate engineering technician; or

   (e)   a graduate engineer.

   (2) An engineer who is registered under subregulation (1)(b) shall undertake the practice of engineering under the supervision of a professional engineer registered under subregulation (1)(a) and who holds a practising certificate in respect of a branch of engineering in which he or she is qualified to practise.

   (3) An engineer who is registered under subregulation (1)(e) shall undertake the practice of engineering under the supervision and control of an engineer registered under subregulation (1)(a) or (1)(b) who holds a practising certificate in respect of the branch of engineering in which he or she is qualified to practise.

   (4) Notwithstanding the provisions of subregulation (1), the engineering disciplines in respect of which a person may apply for registration as an engineer are-

   (a)   civil engineering;

   (b)   electrical and electronic engineering;

   (c)   mechanical engineering;

   (d)   mining engineering;

   (e)   environmental engineering;

   (f)   industrial engineering;

   (g)   chemical engineering;

   (h)   metallurgical engineering;

   (i)   aeronautical engineering;

   (j)   mechatronics engineering;

   (k)   building services engineering;

   (l)   telecommunications engineering;

   (m)   computer engineering;

   (n)   agricultural engineering; or

   (o)   structural engineering.

4.   Application for registration

   (1) An application for registration as an engineer shall-

   (a)   in respect of the categories specified in regulation 3(1)(a), (b), (c) and (d) be in Form 1 set out in Schedule 1; and

   (b)   in respect of the category specified in regulations 3(1)(e) be in Form 2 set out in Schedule 1.

   (2) An applicant for registration under subregulation (1) shall-

   (a)   state the qualifications upon which he bases his application and shall attach certified copies of such certificates or other documents as are necessary to support his qualifications; and

   (b)   pay an application fee as set out in Schedule 2.

   (3) An application for temporary registration in respect of any engineering category under regulation 3(1) shall be-

   (a)   made in Form 3 set out in Schedule 1;

   (b)   accompanied by a fee set out in Schedule 2; and

   (c)   supported by an engineer registered under these Regulations who is in the same engineering discipline as the applicant.

   (4) The Registrar may, in writing-

   (a)   require an applicant to provide such further information as the Registrar may consider relevant to the application; or

   (b)   require that a statement made in connection with an application be supported by a solemn declaration.

5.   Registration

   (1) Upon receipt of an application under regulation 4, the Board may direct that an applicant be registered if, after consideration of the application, the Board is satisfied-

   (a)   in the case of an application for registration under any of the categories specified in regulation 3(1)(a), (b), (c) or (d) that the applicant-

      (i)   meets the requirements specified in section 8 of the Act, and

      (ii)   has demonstrated his competence as measured against standards as may be determined by the Board for registration under that category;

   (b)   in the case of an application for registration under regulation 3(1)(e), that the applicant-

      (i)   meets the requirements specified in section 8(b) and (c) of the Act, and

      (ii)   has passed any other examination or interview as the Board may determine, or

      (iii)   has presented evidence of prior learning in engineering; or

   (c)   in the case of an application for temporary registration, that the applicant meets the requirements specified in section 9(1) of the Act.

   (2) For the purposes of subregulation (1)(b)(iii) "prior learning" means the previous learning and experience of a learner, howsoever obtained, against the learning outcomes required for a specified profession.

   (3) Where the Board directs that an applicant be registered as an engineer, the Registrar shall, within 30 days of such registration-

   (a)   issue, to the applicant, a certificate of registration; and

   (b)   record such registration in the register.

   (4) A certificate of registration shall be in Form 4 set out in Schedule 1.

6.   Disqualification from registration

   (1) The Board shall refuse an application of a person who has, whether within or outside Botswana, been removed from an office of trust on account of improper conduct.

   (2) The Board may refuse an application for registration under regulation 5(1)(a) where the Board is satisfied that the applicant does not have the necessary practical experience in engineering.

   (3) Where the Board refuses an application in terms of subregulation (2), an applicant shall not make another application before the expiration of 12 months after his last application.

7.   Registration and other fees

   (1) A person whose registration has been approved by the Board and has been duly notified of such approval of registration shall pay a registration fee set out in Schedule 2.

   (2) A person who fails to pay fees referred to in subregulation (1) within two months from the date of notification shall be deemed to have withdrawn his application for registration under these Regulations.

   (3) A subsequent application for a similar category, by a person referred to in subregulation (2) shall not be considered before the expiry of a period of six months from the date on which the previous application was approved unless that person pays the outstanding fees.

   (4) Notwithstanding the provisions of subregulation (3), the Board may consider an application before the expiry of the period of six months if it is satisfied that the failure to pay the registration fee in respect of the previous application was due to sufficient cause or reasons.

8.   Removal of name from register

   (1) The Board may direct that the name of an engineer be removed from the register if an engineer-

   (a)   has failed to notify the Registrar of his current address despite the fact that he had been requested to do so;

   (b)   has been registered on information subsequently proved to be false; or

   (c)   has been convicted by the Board for improper conduct.

   (2) The provisions of section 10(3) and (4) of the Act shall apply to the removal of an engineer's name from the register under this regulation.

   (3) If an engineer who is registered under-

   (a)   regulation 5(1)(c) becomes entitled to be registered under regulation 5(1)(b); or

   (b)   regulation 5(1)(b) becomes entitled to be registered under regulation 5(1)(a),

   (4) Notwithstanding anything in this regulation, the removal of an engineer's name from the register shall not absolve such engineer from liability for any fee, arrears or administrative fines imposed by the Board during the period that such engineer was registered.

   (5) An engineer whose name has been removed from the register under this regulation, shall return his certificate of registration to the Registrar within 30 days from the date on which he is directed by the Registrar in writing to do so.

9.   Restoration of name to register

   (1) An application for restoration of name to the register of engineers shall be in Form 5 set out in Schedule 1.

   (2) The Board may, on application for restoration of name to the register under subregulation (1), direct that an engineer whose name was removed from the register under regulation 7 be restored to the register.

10.   Inspection of the register

   (1) The register for engineers shall be open for inspection by any member of the public upon payment of inspection fee set out in Schedule 2.

   (2) Copies or extract from the register shall be made available to members of the public upon payment of fee set out in Schedule 2.

PART III
Practising Certificate

11.   Practising certificate

   (1) An engineer who intends to practise as an engineer shall apply to the Board for a practising certificate authorising him to practise in the category of engineering in which he is registered.

   (2) An application under subregulation (1) shall be in such form as the Board may determine and shall be accompanied by-

   (a)   a declaration in writing, stating-

      (i)   the names of the applicant, and

      (ii)   the applicant's principal address or any addresses at which he practises or intends to practise in Botswana;

   (b)   a copy of certificate of registration; and

   (c)   the fee set out in Schedule 2.

   (3) The Board may upon receipt of an application under subregulation (2), issue to the engineer a practising certificate authorising such engineer to engage in engineering work within the category of engineering during the period for which the certificate is issued.

   (4) The Board shall not issue a practising certificate where-

   (a)   the applicant is insolvent;

   (b)   the declaration referred to in subregulation (2) contains a statement that to its knowledge is false in a material particular; or

   (c)   the Board is not satisfied that the applicant has complied with the requirements relating to continuing professional development determined by the Board.

   (5) A practising certificate shall be in Form 6 set out in Schedule 1.

   (6) A practising certificate issued under these Regulations shall specify the address of the principal place of practise and all other places of practise of the engineer to whom the practising certificate is issued.

   (7) An engineer whose application for a practising certificate has been refused by the Board may, within 30 days after being notified of such refusal, appeal to the High Court.

12.   Cancellation of practising certificate

   (1) The Board may cancel a practising certificate of any engineer registered under these Regulations on any of the grounds specified in regulation 11(4) regardless of whether any such ground existed at the time the practising certificate was issued.

   (2) The Board shall not cancel any practising certificate under subregulation (1) unless the engineer concerned has been given an opportunity to be heard, either personally or through a legal representative.

   (3) Any engineer whose practising certificate has been cancelled under this regulation may, within 30 days after being notified of such cancellation, appeal to the High Court.

   (4) Where the name of an engineer is removed from the register, the practising certificate of such engineer shall be deemed cancelled and the Registrar shall enter the date of cancellation on the register.

13.   Renewal of practising certificate

   (1) An engineer who has been issued with a practising certificate shall, within three months before the certificate expires, apply for renewal of the certificate, in Form 7 set out in Schedule 1.

   (2) The Board shall, where the applicant continues to meet the eligibility requirements and demonstrates the required standards of an engineer, renew the practising certificate.

   (3) An application made under subregulation (1) shall be accompanied by an annual practising fee as set out in Schedule 2.

PART IV
Inquiry procedure

14.   Improper conduct

   (1) The Board shall, in consultation with the Minister, set out a Code of Conduct and Ethics for engineers.

   (2) The Board shall be responsible for the administration of the prescribed Code of Conduct and Ethics and shall ensure that it is available to members of the public.

   (3) An engineer who fails to comply with the Code of Conduct and Ethics commits a disciplinary offence termed improper conduct.

15.   Inquiry to be held

   The Board shall hold an inquiry into the conduct of an engineer where-

   (a)   the Board has reasonable grounds to suspect that an engineer has committed an act which may render him guilty of improper conduct; or

   (b)   a complaint, charge or allegation of improper conduct has been brought against an engineer by any person.

16.   Investigation of improper conduct

   (1) The Board shall appoint an Investigating Committee to which the Board shall refer any matter referred to in regulation 15.

   (2) The Investigating Committee shall consist of three members, one of whom shall be an engineer.

   (3) At the instance of the Board, the Investigating Committee shall-

   (a)   investigate the matter referred to it in terms of this regulation; and

   (b)   obtain evidence to determine whether in its opinion an engineer concerned may be charged and, if so, recommend to the Board the charge or charges that may be preferred against such engineer.

   (4) The Investigating Committee shall not question an engineer concerned unless the Investigating Committee informs him that-

   (a)   he has the right to be assisted or represented by a legal representative or other person; and

   (b)   he is not obliged to make any statement and should he make any statement such statement may be used in evidence against such engineer.

   (5) The Investigating Committee shall, after the conclusion of an investigation, submit a report making its recommendations to the Board regarding any matter referred to it in terms of this regulation.

   (6) The Registrar shall act as secretary to the Investigating Committee.

17.   Charge of improper conduct

   (1) The Board may, after considering a report of the Investigating Committee, charge an engineer with improper conduct if the Board is satisfied that there are sufficient grounds for a charge to be preferred against such engineer.

   (2) The Board shall furnish a charge sheet to the engineer concerned by hand or registered mail.

   (3) A charge sheet shall inform the engineer charged-

   (a)   of the details and nature of the charge;

   (b)   that he shall in writing, admit or deny the charge;

   (c)   that he may, together with the admission or denial submit a written explanation regarding the improper conduct with which he is charged; and

   (d)   of the period, which shall not be less than 21 days, within which his admission or denial under paragraph (b) shall be submitted to the Board.

   (4) If an engineer who is charged in terms of subregulation (3) admits the charge, such admission shall be considered unequivocal plea of guilt to improper conduct as charged:

Provided that he shall first be given an opportunity to explain his conduct.

18.   Appointment of Disciplinary Committee

   (1) The Board shall appoint a Disciplinary Committee to hear a charge of improper conduct if an engineer who has been charged denies the charge.

   (2) The Committee shall consist of-

   (a)   a person who specialises in the engineering category to which the charge relates;

   (b)   an engineer who is registered under regulation 5(1)(a); and

   (c)   a person admitted in terms of the Legal Practitioners Act.

   (3) The Registrar shall act as a secretary of the Committee.

19.   Inquiry procedure

   (1) The Board may, for the purposes of this regulation, appoint a person with specialised knowledge to assist the Committee in performing its functions.

   (2) The Board may, for the purposes of a hearing, summon any person-

   (a)   who in its opinion may be able to give material information concerning the subject of the hearing; or

   (b)   who it believes has in his possession or custody or under his control any book, document or object which has any bearing on the subject matter of the hearing,

to appear before the Committee to be questioned or to produce a book or document for purposes of a hearing.

   (3) A summons issued in terms of subregulation (2) shall be-

   (a)   as set out in Schedule 3;

   (b)   signed by the chairman or, in his absence, the vice-chairman of the Board; and

   (c)   served on the person concerned personally or by registered mail.

   (4) The Committee may retain any book or document produced in terms of subregulation (2) for the duration of the hearing.

   (5) The chairman of the Committee may call upon and administer an oath to, or take an affirmation from, any witness at the hearing who was summoned in terms of subregulation (2).

   (6) At a hearing the engineer charged-

   (a)   may personally be present;

   (b)   may be represented by a legal representative;

   (c)   has the right to be heard;

   (d)   may call witnesses;

   (e)   may cross-examine any person called as a witness in support of the charge;

   (f)   shall have access to any book or document produced in evidence;

   (g)   may admit the charge at any time before the Committee makes its determination; and

   (h)   shall, in the case where he makes an admission in terms of paragraph (g), be deemed to be guilty of improper conduct as charged.

   (7) The law relating to privilege, as applicable to a witness summoned to give evidence or to produce a book, document or object in a civil trial before a court shall, with the necessary modifications, apply in relation to the examination of, or the production of any book, document or object to the Committee by any person called in terms of this regulation as a witness.

   (8) The record of evidence which has a bearing on the charge before the Committee, and which was presented before any commission which investigated an event or conduct is admissible without further evidence being led if-

   (a)    the record is accompanied by a certificate from the chairman of such commission; and

   (b)   the certificate certifies that the investigation was lawful, reasonable and procedurally fair.

   (9) If the improper conduct with which an engineer is charged amounts to an offence of which he has been convicted by a court, a copy of the court record shall be sufficient proof of the commission by such engineer of the disciplinary offence charged, unless the conviction has been set aside on appeal.

20.   Proceedings after hearing

   (1) The Disciplinary Committee shall within 30 days of conclusion of a hearing-

   (a)   make a determination on whether an engineer who has been charged is guilty of improper conduct;

   (b)   where an engineer is guilty of improper conduct, the Committee shall take cognisance of any aggravating or mitigating circumstances;

   (c)   inform an engineer charged and the Board of its decision; and

   (d)   inform an engineer charged of his right of appeal.

   (2) An engineer who is found guilty of improper conduct in terms of this regulation may-

   (a)   address the Committee in mitigation; and

   (b)   call witnesses to give evidence on his behalf in mitigation.

   (3) Where in its determination, the Committee finds an engineer guilty of improper conduct it may-

   (a)   reprimand or caution the engineer convicted of improper conduct and notify the Board;

   (b)   impose an administrative fine not exceeding P25 000 on the convicted engineer and notify the Board;

   (c)   recommend to the Board that registration of the convicted engineer be suspended for a period not exceeding one year; or

   (d)   recommend to the Board that the certificate of registration and practising certificate of the engineer convicted of improper conduct be cancelled and that such engineer's name be removed from the register.

   (4) The Board shall publish the findings and the sanction imposed in terms of subregulation (3) in the Gazette and any newspaper with nation-wide circulation.

PART V
Miscellaneous

21.   Fees

   The fee payable in respect of inspection of the register or documents relating to any entry thereon or copies of or extracts therefrom shall be as set out in Schedule 2.

22.   Publication of names of engineers

   (1) The Registrar shall quarterly in every financial year publish by notice in the Gazette and any newspaper with nation-wide circulation a list containing-

   (a)   the names and addresses of engineers remaining on the register; and

   (b)   the names and addresses of engineers removed from the register.

   (2) The Registrar shall as soon as practicable after a practising certificate is cancelled cause to be published by notice in the Gazette and any newspaper with nation-wide circulation the names and addresses of an engineer whose practicing certificate has been cancelled.

23.   Engineer's official rubber stamp

   (1) The Board shall issue an official rubber stamp to an engineer who is issued with a practising certificate under regulation 11 for use when approving or certifying engineering documents.

   (2) An approval or certification given by an engineer for purposes of subregulation (1) shall, in addition to such engineer's signature and date, have the engineer's rubber stamp affixed thereto.

   (3) The Board may authorise the use of an electronic form of official rubber stamp.

   (4) An engineer to whom an official rubber stamp is issued shall pay such fee as the Board may determine.

24.   Offences

   Any person who makes a statement that is false or misleading in a material particular in relation to an application for registration commits an offence and shall be liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.

25.   Revocation of S. I. No. 30 of 2015

   The Engineers Registration (Registration and Practising Certificate Fees) are hereby revoked.

SCHEDULE 1

FORM 1

(reg.4 (1) (a))

Application for Registration as a Professional or Registered Engineer

   I hereby apply to have my name placed in the Register of the Engineers Registration Board as a Professional or Registered ....................................... (Please tick appropriate box below):

Engineer


Engineer

•   Completion of a recognised four or more years Bachelor of Engineering Degree or Bachelor Science in Engineering. (BEng/ BSc Eng); and


•   Four years post qualification engineering experience

Engineering Technologist


Engineering Technologist

•   Completion of a recognised three-year Bachelor of Engineering Technology (BTech) qualification or equivalent; and


•   Four years post qualification engineering experience

Engineering Technicians


Engineering Technician

•   Completion of a recognised two-year Diploma or Advanced Diploma (Dipl/ HND) engineering qualification or equivalent; and


•   Four years post qualification engineering experience

In the branch of ........................................................................ Engineering.

I enclose copies of my educational qualifications and details of my experience.

I enclose my Report on Post-Graduate Engineering Experience.

      I have not been convicted of any criminal offence in a court of law and/or knowingly been investigated in connection with a criminal offence in any country.

      I have been convicted of a criminal offence in a court of law and/or knowingly been investigated in connection with a criminal offence in any country. The particulars of such offence are as follows:

........................................................................................................................................................................

........................................................................................................................................................................

........................................................................................................................................................................

   I hereby declare that if I am registered, I shall perform my duties and discharge my responsibilities in compliance with:

   (1)   The Engineers Registration Act and Regulations

   (2)   Code of Conduct and Ethics, and

   (3)   All laws and regulations in my engineering practice

   I hereby authorise the Engineers Registration Board to seek verification on the information submitted in any manner and by any means as it deems appropriate.

Name: ........................................

Date: ..................................

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