All question Flashcards
Question One: Architectural Profession Act , no 44 of 2000 – (43)
1.1. What is the main purpose of the Architectural Profession Act? (4)
To Provide for the establishment of the a juristic person to be known as the
South African Council of the Architectural Profession
To provide for the registration of professionals and candidates and
specified categories in the architectural profession
To provide for the regulation of the relationship between the South African
Council for the Architectural Profession and the Council for the Built
Environment;
and to provide for matters connected therewith.
1.2 Complete the following table in accordance with Section 18 and Section 21 of
the Act.
One mark each for a) and b)
Two marks each for responses in c)
1.3 What are the legal requirements for registration as:
a) Professional (5)
) Professional (5)
must have relevant qualification from an accredited or recognized
Architectural Learning Site; or
must demonstrate competence measured against standards determined by the
Council for the particular category ( in case of foreign qualifications/rpl)
must have completed the mandatory candidacy requirement as prescribed by
the Council
must have passed the Professional Practice Examination.
must apply for registration as a professional and pay the prescribed application
fee.
1.3 What are the legal requirements for registration as: Candidate (5)
must have satisfied the educational outcomes determined by the Council
must have relevant qualification from an accredited or recognized
Architectural Learning** S**ite;
must present evidence of prior learning
must be employed in an architectural practice
or have a mentor who is registered in the category of registration ( or higher) in
which s/he is applying for.
must apply for registration as a candidate and pay the prescribed application
fee
1.4 Give any three reasons why the Council may refuse to register an applicant (6)
If the applicant:
Has been removed from an office of trust
Has been convicted of an offence in the Republic, (other than an offence
committed prior to 27 April 1994 associated with political objectives)and was
sentenced to imprisonment without the option of a fine; or in the case of fraud,
to a fine or imprisonment or both.
Has been convicted to an offense in a foreign country and was sentenced to
imprisonment without the option of a fine; or in the case of fraud, to a fine or
imprisonment or both.
Is declared by the** High Court** to be of **unsound mind **or mentally disordered, or is
detained under the Mental Health Act, 1973
Has been disqualified from registration as a result of any punishment imposed on
him/her under the Architectural Profession Act, number 44 of 2000
Is an unrehabilitated insolvent whose insolvency was caused by his/her
negligence or incompetence in performing work falling within the scope of the
category in respect of which s/he is applying for registration.
1.5 Give three reasons that may lead to the cancellation of the registration of a
registered person. (3)
Has been erroneously registered
Has been registered on information subsequently proved to be wrong
Fails to pay the prescribed annual fee
2.1 What is the validity period of any profession registration? (2)
5 years
2.2 What does the acronym CPD stand for? (2)
Continuing Professional Development
2.3 Who is required to engage in CPD? (2)
All persons who are registered in the professional categories as listed under
Section 18(1) a and (c) of the Architectural Profession Act or who may listed at a
future date.
**Question Three: Voluntary Associations – (15)
**Section 25 of the Architectural Professions Act, provides for the recognition of Voluntary
Associations.
3.1 List 3 elements that distinguish a voluntary association from a statutory body (6)
A voluntary association is an organisation formed by three or more people who
agree to achieve a common objective without making profit. A statutory body is a
creature of the law
A voluntary association is an autonomus body which promotes and protects the
interests of its members. A statutory body protects the interest of the public by
enforcing the law
Members of the Voluntary Association craft a constitution for its members. A
statutory body is governed by an Act of parliament.
3.2 Give an examples of 3 voluntary associations currently recognized by SACAP (3)
- South African Insti tute of Architects (SAIA)
- South African Insti tute of Architectural Technologist NPC (SAIAT)
- South African Insti tute of Draughting (SAID)
What is the validity period for a ce**rtificate of recognition **of a voluntary association?(2)
5 YEARS
3.4 Give two situations when the recognition of a voluntary association will lapse. (4)
If the association no longer complies with the requirements as prescribed by SACAP
At the expiry of the five-year period
Question Four: The Architectural Professional and their office - (20)
4.1 What does the acronym CIPC stand for? (2)
and what does it mean
Companies and Intellectual Property Commission
In South Africa, businesses are regulated by the** Companies Act**
(71 of 2008). Companies must be registered with the
Companies and Intellectual Properties Commission (CIPC).
List at least 3 legal forms of Practice that an architectural professions can operate. (6)
Partnership
Close Corporation
Company
Multi Disciplinary Firm
4.3 Four professional decide to form a firm to practice architecture. They are unsure
of which legal form of practice to choose. List 6 considerations that may assist
them to make a decision. (12)
4.3 Four professional decide to form a firm to practice architecture. They are unsure
of which legal** form of practice** to choose. List 6 considerations that may assist them to make a decision. (12)
Capital and shareholding such as Directors, Members, Shareholders etc
Liability and Risk such as unlimited personal liability vs company liability
Financing and other requirements such as Tax
Continuity on death/ resignation/ retirement of one of them
Ownership of assets and equity
Statutory requirements such as filing returns to CIPC
Question Five: The Architectural Professional and their Client – (34)
5.1 Name the Board Notice that sets out the Code of Professional Conduct for
Architectural Professionals in South Africa. (2)
** B**oard Notice 154 of 2009
Code of Professional Conduct for
Architectural Professionals in South Africa.
5.2 Give the eight requirements that must be set out in writing when a registered
person accepts appointment for his/her services according to section 4.1 of the
Board Notice referred to in question 5.1 above. (8)
ssrfbtid
4.1.1 the **scope of work
4.1.2 the services to be provided
4.1.3 the allocation and limitation of responsibilities
4.1.4 the fee payable for the work or services, the method of calculating it and
the stages at which it will be payable
4.1.5 the budget or other cost limit for the project, work or service, and the
method and implication of estimating costs
4.1.6 provisions for the termination of the agreement
4.1.7 details of professional indemnity insurance**
4.1.8 provision for dispute resolution