Statutory powers of the council

Administrative powers of council

The council may -

1. determine the remuneration and allowances payable to its members or the members of any committee of the council after consultation with the CBE;
2. arrange for the payment of pension and other benefits to any staff of the council or the registrar and to his or her dependants on the termination of the service of that staff member or the registrar;
3. determine where its head office must be situated;
4. determine the manner in which meetings of the council or any committee of the council must be convened, the procedure and quorum at such meetings and the manner in which the minutes of such meetings must be kept; and
5. print, circulate, sell and administer the publication of, and generally take any steps necessary to publish, any publication relating to the quantity surveying profession and related matters.

Powers of council with regard to registration

The council may, subject to this Act:

• consider and decide on any application for registration;
• prescribe the period of validity of the registration of a registered person;
• keep a register of registered persons and decide on -
1. the form of certificates and the register to be kept;
2. the maintenance of the register or issuing of certificates; and
3. the reviewing of the register and the manner in which alterations thereto may be effected.

Powers of council with regard to fees and charges

The council may, with regard to fees and charges, which are payable to the council, determine -

1. application fees;
2. registration fees;
3. annual fees, or portion thereof, in respect of a part of a year;
4. the date on which any fee or charge is payable;
5. the fees, or portion thereof, payable in respect of any examination referred to in section 19, conducted by or on behalf of the council;
6. any charge payable for the purposes of the education fund referred to in section 15(5);
7. fees payable for a service referred to in section 14(c);
8. the fees payable for an appeal in terms of section 24(1); or
9. any other fee or charge it considers necessary.

The council may grant exemption from payment of application fees, registration fees, annual fees, charges, or a portion thereof referred to in subsection(1).

Powers of council with regard to education in quantity surveying

The council may -

1. subject to sections 5 and 7 of the Higher Education Act, 1997 (Act No. 101 of 1997), conduct accreditation visits to any educational institution which has a department, school or faculty of quantity surveying, but must conduct at least one such visit during its term of office. If the council does not conduct an accreditation visit within that term of office, it must notify the Minister accordingly and provide him or her with reasons for the failure to do so;
2. either conditionally or unconditionally grant, refuse or withdraw accreditation with regard to all educational institutions and its educational programmes with regard to quantity surveying;
3. consult with the Council on Higher Education established in terms of the Higher Education Act, 1997, regarding matters relevant to education in quantity surveying;
4. consult with the South African Qualifications Authority established by the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), or any body established by it and the voluntary associations, to determine competency standards for the purpose of registration;
5. establish mechanisms for registered persons to gain recognition of their qualifications and professional status in other countries;
6. liaise with the relevant National Standards Body established in terms of Chapter 3 of the regulations under the South African Qualifications Authority Act, 1995, with a view to the establishment of a standards generating body in terms of those regulations;
7. recognise or withdraw the recognition of any examination contemplated in section 19;
8. enter into an agreement with any person or body of persons, within or outside the Republic, with regard to the recognition of any examination or qualification for the purposes of this Act;
9. give advice or render assistance to any educational institution, voluntary association or examining body with regard to educational facilities for and the training and education of registered persons and prospective registered persons;
10. conduct any examination for the purposes of section 19; and
11. determine, after consultation with the voluntary associations and registered persons, conditions relating to and the nature and extent of continuing education and training.

General powers of council

The council may, in addition to other powers in this Act -

1. acquire, hire, maintain, let, sell or otherwise dispose of movable or immovable property for the effective performance and exercise of its functions, duties or powers;
2. decide upon the manner in which contracts must be entered into on behalf of the council;
3. perform any service within its competence if it is requested by any person or body of persons, including the State;
4. determine, subject to section 25, the requirements with which a voluntary association must comply to qualify for recognition by the council;
5. advise the Minister, any other Minister or the CBE on any matter relating to the quantity surveying profession;
6. encourage and itself undertake research into matters relating to the quantity surveying profession;
7. take any steps it considers necessary for the protection of the public in their dealings with registered persons, for the maintenance of the integrity, and the enhancement of the status of the quantity surveying profession;
8. take any steps it considers necessary for the improvement of the standards of services rendered by registered persons; and
9. take any measures it considers necessary for the proper performance and exercise of its functions, duties or powers or to achieve the objectives of this Act.