QUANTITY SURVEYORS' REGISTRATION

An Act to establish the Quantity Surveyors' Registration Council; to provide for the registration of Quantity Surveyors; to provide for the regulation of the practice of quantity surveying and for matters incidental thereto.

[Date of Commencement: 1st June 2014]

PART I
Preliminary (ss 1-2)

1. Short title

This Act may be cited as the Quantity Surveyors' Registration Act.

2. Interpretation

In this Act, unless the context otherwise requires-

"Chairperson" means the Chairperson of the Council elected under section 13(1)(a);

"committee" means a committee of the Council established under section 12(1);

"Council" means the Quantity Surveyors' Registration Council established under section 3;

"Institute" means a body registered under the Societies Act (Cap. 18:01), which adequately demonstrates to the Minister that it is representative of the majority of quantity surveyors practicing in Botswana at any given time;

"member" means a member of the Council;

"register" means the register of quantity surveyors established and maintained under section 22;

"Registrar" means the Registrar of the Quantity Surveyors appointed under section 21(1); and

"quantity surveyor" means a person who is registered as a quantity surveyor under section 24.

PART II
Quantity Surveyors' Registration Council (ss 3-20)

3. Establishment of Council

(1) There is hereby established a Council to be known as the Quantity Surveyors' 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 of the Council.

(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 seven 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 quantity surveying, 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; and

(d) four persons eligible for registration under the Act, elected by the Institute upon notification from the Minister to elect members, of whom at least three shall be from the private sector.

(3) 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 quantity surveyors in accordance with the powers and functions 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 quantity surveyors;

(b) maintain the integrity of the profession of quantity surveying;

(d) encourage research by quantity surveyors into matters relating to the profession of quantity surveying;

(e) finance, print or circulate publications relating to the profession of quantity surveying;

(f) make recommendations to the Minister for the further development of the profession of quantity surveying;

(g) authorise the Registrar to appoint, on behalf of the Council, such other officers as are reasonably necessary at such terms and conditions determined by the Council; 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.

8. Tenure of office

(1) A member shall hold office for a period not exceeding three years as may be specified in the notice appointing the member, and on the expiration of that period shall be eligible for re-appointment.

(2) In appointing members, the Minister shall so specify such periods of appointment such that the periods of appointment of not more than one third of the members shall expire in any one year.

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 a period, not exceeding two years, as the Minister may determine; and

(b) subsection (1)(b) shall hold office in accordance with section 11(1), and shall be deemed to have been duly elected to the Council.

10. Disqualification, removal and resignation

(1) A person shall not be appointed or elected as a member or be qualified to continue to hold office as a member if he or she-

(a) in terms of a law in force in any country-

(i) is 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) has 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, or

(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 Minister 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;

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