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)
This Act may be cited as the Architects’ Registration Act.
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;
[16 of 2014, s. 2(b).]
“architectural technologist” means a person who is registered as an architectural technologist under section 24;
[16 of 2014, s. 2(b).]
“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;
[16 of 2014, s. 2(a).]
“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 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 co-ordinated with engineering requirements.
[16 of 2014, s. 2(b).]
PART II
Architects’ Registration Council (ss 3-20)
(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.
(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.
(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 (Cap. 57:04).
(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.
[16 of 2014, s. 3.]
(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.
(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 notification, a member to fill the vacancy, and the member so elected shall hold office for the remainder of the period for which the former member would, but for his or her death or the vacation of his or her office, have continued in office.
(2) On the death or vacation of office of an appointed member, the Minister shall appoint another person to fill the vacancy.
(3) Subsections (1) and (2) shall not apply where the remainder of the period for which the member whose office has been vacated would otherwise have held office is less than six months.
12. Alternate and co-opted members
(1) The Minister shall nominate an alternate member for every appointed member and the Institute shall nominate an alternate member for every elected member and any such alternate member shall attend and take part in the proceedings of the Council whenever the member to whom he or she is alternate is absent from such meeting.
(2) The Council may co-opt an architect to fill a vacancy—
(a) arising from the absence of a member who has been granted leave of absence by the Council; or arising from the absence of a member who has been granted leave of absence by the Council; or
(b) where the Institute is not called upon to fill a vacancy in accordance with section 11(1).
(3) The provisions of sections 9(2), 10 and 11 shall with the necessary modifications, apply in respect of a member nominated or co-opted under subsections (1) and (2).
(1) The Council may appoint such committees as it considers appropriate, consisting of its members or other suitably qualified persons.
(2) The Council may delegate any of its powers, functions or duties under this Act, to a committee appointed under subsection (1).
14. Election of Chairperson and Vice Chairperson
(1) At the first meeting of the Council, the members shall elect, from among their number—
(a) a Chairperson, and
(b) a Vice Chairperson who shall hold office for such period, being not less than 12 months, as the Council may from time to time determine unless he or she ceases to be a member;
(2) On the expiry of the term of office of the Chairperson or Vice Chairperson or where the Chairperson or Vice Chairperson vacates his or her office as such, a new Chairperson or Vice Chairperson shall be elected by the members from among their number at the next meeting of the Council or as soon thereafter as may be convenient.
(3) The Chairperson or Vice Chairperson may vacate his or her office as such even though he or she remains a member.
(4) The Vice Chairperson shall, whenever the Chairperson is absent or unable to carry out his or her functions, exercise the functions of the Chairperson during the period that the Chairperson is absent or unable to act as Chairperson.
(1) Subject to the provisions of this Act, the Council shall regulate its own proceedings.
(2) The Council shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the Council shall meet at least three times in a year for the transaction of business.
(3) Upon giving notice in writing of not less than 14 days, a meeting of the Council may be called by the Chairperson and shall be called if not less than one half of the members so request in writing.
(4) Where the urgency of any particular matter does not permit the giving of notice in accordance with subparagraph (3), a special meeting may be called upon giving a shorter notice.
(5) The quorum at any meeting of the Council shall be one half of the members.
(6) There shall preside, at any meeting of the Council—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice Chairperson; or
(c) in the absence of the Chairperson and Vice Chairperson, such member as the members present may elect from among their number for the purposes of the meeting.
(7) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to that person’s deliberative vote.
(8) The Council may invite any person whose presence it considers necessary, to attend and participate in the deliberations of a meeting of the Council, but such person shall have no vote.
16. Meetings of committees of Council
(1) The Chairperson or a Chairperson of a committee may at any time convene a meeting of the committee.
(2) At any meeting of a committee the majority of members of the committee or such other number as may be fixed by the Council in any particular case shall form a quorum.
(3) A member of a committee shall be paid out of the funds of the Council, such remuneration and allowances, if any, as the Council may determine.
(4) Any reference in this Act to the Council or to the Chairperson of the Council in relation to the exercise of any power which the Council has assigned to a committee shall be construed as including a reference to that committee or to the Chairperson of that committee as the case may be.
(1) Where a member is present at a meeting of the Council or any committee, at which meeting a matter which is the subject of consideration is one in which he or she is directly or indirectly interested in a private capacity, the member shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Council otherwise directs, take part in any consideration or discussion of, or vote on any question touching upon, such matter.
(2) A disclosure of interest made in accordance with subsection (1) shall be recorded in the minutes of the meeting at which it is made.
(3) Where a member fails to disclose his or her interest in accordance with subsection (1) and a decision by the Council is made benefiting such member, such decision shall be null and void.
(4) A member who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2000 or to imprisonment for a term not exceeding four months or to both.
18. Validity of decisions and acts of Council
A decision or act of the Council done under the authority of the Council shall not be invalid by reason only of the fact that—
(a) the Council did not consist of the full number of members for which provision is made under section 5;
(b) the various members did not have the qualifications prescribed under section 5; or
(c) a disqualified person acted as a member of the Council.
(1) The Chairperson shall from time to time submit, to the Minister, reports with regard to matters relating to the activities of the Council which, in the opinion of the Council, should be brought to the notice of the Minister.
(2) The Council shall, when so requested by the Minister, furnish him or her with advice on matters in connection with the profession of architecture or cognate matters and shall communicate, to the Minister, information acquired by it in the course of its duties on matters regarded by it as being of public importance.
20. Remuneration and allowance
A member shall be paid, out of the funds of the Council, such remuneration and allowance, if any, as the Council may from time to time determine.
PART III
Registrar, Register and Registration (ss 21-34)
(1) The Council shall appoint a Registrar of Architects and may also appoint one or more Assistant Registrars on such terms and conditions as the Council may determine.
(2) No person shall be appointed as Registrar unless the person holds such qualifications and has such experience as the Council may determine.
(3) The Assistant Registrar shall, where the Registrar is absent or unable to carry out any of the functions under this Act, exercise, during the period that the Registrar is so absent or unable to act, such functions of the Registrar as the Chairperson may assign to him or her.
(1) Subject to the provisions of this Act, the Council shall establish and maintain a register of architects.
(2) The register shall be kept at the offices of the Council and shall be open to inspection during office hours to any member of the public upon payment of such fee as may be prescribed.
(3) The Registrar shall—
(a) keep the register in such form as may be prescribed;
(b) enter in the register, in relation to an architect, architectural technologist or architectural draftsperson—
[16 of 2014, s.4.]
(i) his or her name,
(ii) his or her address,
(iii) his or her qualification,
(iv) his or her date of first registration, and
(v) such other particulars as the Council may from time to time determine;
(c) make in the register any necessary alterations to the particulars referred to under paragraph (b);
(d) remove, from the register, the name of an architect, architectural technologist or architectural draftsperson who dies or ceases to practise as an architect, architectural technologist or architectural draftsperson;
[16 of 2014, s. 4.]
(e) when required to do so under this Act or in pursuance of an order of a court—
(i) register an architect, architectural technologist or architectural draftsperson or suspend, from practice, an architect, architectural technologist or architectural draftsperson and
[16 of 2014, s. 4.]
(ii) remove, from the register, the name of an architect, architectural technologist or architectural draftsperson;
[16 of 2014, s. 4.]
(f) be the Secretary of the Council and of every committee of the Council;
(g) on the instructions of the Chairperson, convene meetings of the Council or committee of the Council;
(h) maintain records and minutes of meetings convened under paragraph (g);
(i) appoint, after consultation with the Council, such other staff of the Council as the Council considers necessary;
(j) carry out any other duties assigned to him or her by the Council; and
(k) cause to be published by notice in the Gazette, at the beginning of each year in January, a list containing the names, addresses and qualifications of all registered architects remaining on the register at the close of the previous year.
23. Qualification for registration
(1) A person shall qualify for registration as an architect where the person—
(a) has—
(i) a professional degree in architecture or, such equivalent qualification as may be prescribed, and
(ii) performed the work of an architect under the direction and control of, and in the same office as an architect for such period as may be prescribed;
(b) has—
(i) passed an examination prescribed by the Council or any examination recognised by the Council as being equivalent to the one so prescribed, and
(ii) for such period as may prescribed performed architectural work which in the opinion of the Council is of sufficient variety and of a satisfactory nature and standard for the purpose of registration as an architect; or
(c) is a member of an institution of architects, the membership of which is recognised by the Council as furnishing a sufficient guarantee of the required academic knowledge of, and practical experience in, architecture.
[16 of 2014, s. 5.]
(2) A person shall qualify for registration as an architectural technologist where the person—
(a) has—
(i) a degree or diploma in architectural or construction technology or such other equivalent qualification as may be prescribed, and
(ii) for such period as may be prescribed by the Council, performed the work of an architect under the direction and control of, and in the same office as, an architect;
(b) has—
(i) passed an examination prescribed or any examination recognised as being equivalent to one so prescribed, and
(ii) for such period as may be prescribed, performed the work of an architect which in the opinion of the Council is of sufficient variety and of a satisfactory nature and standard for the purpose of registration as an architectural technologist; or
(c) is a member of an institution of architects, the membership of which is recognised by the Council as furnishing a sufficient guarantee of the required academic knowledge of, and practical experience in, architectural technology.
[16 of 2014, s. 5.]
(3) A person shall qualify for registration as an architectural draftsperson where the person—
(a) has—
(i) a certificate in architectural or building technology and draftsmanship or such equivalent qualification as may be prescribed by the Council, and
(ii) for such period as is prescribed, performed the work of an architect under the direction and control of, and in the same office as, an architect or an architectural technologist;
(b) has—
(i) passed an examination prescribed or any examination recognised as being equivalent to one so prescribed, and
(ii) for such period as may prescribed performed the work of an architect which in the opinion of the Council is of sufficient variety and of a satisfactory nature and standard for the purpose of registration as an architectural draftsperson; or
(c) is a member of an institution of architects, the membership of which is recognised by the Council as furnishing a sufficient guarantee of the required academic knowledge of, and practical experience in, architectural draftsmanship.
[16 of 2014, s. 5.]
24. Procedure for registration
(1) A person may apply in such form as may be prescribed to the Registrar to be registered as an architect, architectural technologist or architectural draftsperson and shall submit with his or her application—
[16 of 2014, s. 6.]
(a) a certificate of any qualification on which he or she relies for registration or a certified copy thereof and where the certificate is not in English, a certified translation thereof;
(b) such evidence of identity and such other evidence or information as may be required by the Council; and
(c) such fee as may be prescribed by the Council.
(2) The Registrar may require a statement made in connection with an application under subsection (1) to be supported by a solemn declaration.
(3) Where the Registrar is satisfied that an applicant has satisfied the conditions specified in subsection (1), he or she shall refer the application and any report he or she may make thereon to the Council.
(4) An application made under subsection (1) by a person referred to in section 23(c) shall be lodged with the Registrar within six months of the coming into force of this Act or within such further period as the Council may allow.
(5) The Council shall direct the Registrar to register an applicant where it is satisfied that the applicant meets the requirements under section 23.
(1) The Council may, on application in such form as may be prescribed, by a person—
(a) who is not ordinarily resident in Botswana;
(b) who intends to be present in Botswana in the capacity of an architect for the express purpose of carrying out specific work for which he or she has been engaged;
(c) who, immediately before entering Botswana, was in practice as an architect, architectural technologist or architectural draftsperson in such capacity as to satisfy the Council of his or her fitness to serve the public as an architect; and
[16 of 2014, s. 7.]
(d) after payment of such fee as may be prescribed by the Council,
direct that the person be registered either for a period not exceeding one year or for the duration of the specified work.
(2) The Council may require an applicant under subsection (1) to appear before the Council for the purpose of facilitating consideration of the application, including furnishing the Council with documentary evidence of his or her work or employment immediately prior to his or her entering Botswana.
(3) Registration under this section shall be for the duration of specified work and be subject to such conditions as the Council may determine.
(4) A person registered under this section shall, in relation to the period or the work specified, and to things done or omitted in respect thereof, be treated as registered under this Act but, in relation to other matters, shall be treated as not so registered.
26. Certificate of registration and practising certificate
(1) Where the Registrar registers an architect, architectural technologist or architectural draftsperson, he or she shall issue the architect, architectural technologist or architectural draftsperson with a certificate of registration in such form as may be prescribed.
[16 of 2014, s. 8.]
(2) There shall be paid to the Council in respect of each practising certificate to be issued, such annual practising fee as may be prescribed.
[16 of 2014, s. 8.]
(3) Every practising certificate issued shall expire at the end of 12 months from the date of issue:
Provided that where the name of an architect, architectural technologist or architectural draftsperson is removed from the register, the practising certificate of that architect, architectural technologist or architectural draftsperson shall expire forthwith.
[16 of 2014, s. 8.]
(4) On application by an architect, architectural technologist or architectural draftsperson, the Registrar may issue, to the architect, architectural technologist or architectural draftsperson, a duplicate of his or her certificate of registration—
(a) where the Registrar is satisfied as to the identity of the architect, architectural technologist or architectural draftsperson;
(b) on production by the architect, architectural technologist or architectural draftsperson of an affidavit certifying that the certificate of registration has been lost or destroyed; and
(c) on payment by the architect, architectural technologist or architectural draftsperson of the appropriate fee if any, prescribed by the Council.
[16 of 2014, s. 8.]
(1) The Council shall refuse the registration of an applicant where it is satisfied that the applicant—
(a) has at any time, whether within or outside Botswana—
(i) been removed from an office of trust on account of improper conduct, or
(ii) been convicted of extortion, bribery, theft, fraud, forgery or uttering a forged document or perjury and sentenced in respect thereof to imprisonment without the option of a fine; or
(b) notwithstanding that he or she is otherwise qualified, is not a fit person to be registered by reason of—
(i) his or her mental health,
(ii) the fact that he or she is not of good character or reputation, or
(iii) any conduct of his or hers which, if he or she had been registered, would have constituted improper or disgraceful conduct to the profession of architecture.
(2) The Council shall, before refusing registration under subsection (1), hold an inquiry under Part IV, and the provisions of this Part shall, with the necessary modifications, apply as if the applicant were registered.
28. Suspension of registration
(1) The Council may suspend the registration of an architect, architectural technologist or architectural draftsperson where an inquiry under Part IV has found the architect, architectural technologist or architectural draftsperson guilty of any allegation referred to in section 35 or 38.
[16 of 2014, s.9.]
(2) An architect, architectural technologist or architectural draftsperson who has been suspended in accordance with subsection (1) shall be disqualified from performing the work of an architect, architectural technologist or architectural draftsperson and his or her registration shall be deemed to be cancelled until the period of suspension has expired.
[16 of 2014, s. 9.]
(1) The Council shall order the removal from the register of—
(a) the name of an architect, architectural technologist or architectural draftsperson who—
[16 of 2014, s. 10.]
(i) has failed to notify the Registrar of his or her present address, within six months of a notice being sent to him or her by registered letter by the Registrar requesting him or her to so notify the Registrar:
Provided that where such registered letter is returned to the Registrar by reason of it being unclaimed or for any other reason, the Council may, as soon as practicable direct that the name of the architect, architectural technologist or architectural draftsperson be removed from the register,
[16 of 2014, s. 10.]
(ii) has requested that his or her name be removed from the register and has lodged an affidavit stating that no disciplinary inquiry under Part IV or criminal proceedings are being or are likely to be instituted against him or her in connection with his or her practice of architecture, or
(iii) has been found guilty by an inquiry under Part IV; or
(b) any entry which is proved, to the satisfaction of the Council, to have been made in error or through fraudulent representation or concealment of material facts or in circumstances not authorised by this Act.
(2) The Registrar shall remove, from the register, the name of an architect, architectural technologist or architectural draftsperson who the Council has, in accordance with subsection (1), directed that his or her name be removed.
[16 of 2014, s. 10.]
(3) Where the Registrar removes, from the register, the name of an architect, architectural technologist or architectural draftsperson or enters, in the register, the suspension of an architect, architectural technologist or architectural draftsperson, he or she shall—
[16 of 2014, s. 10.]
(a) enter, in the register, a record of the reasons therefor; and
(b) notify the architect, architectural technologist or architectural draftsperson in writing of the reasons therefor.
[16 of 2014, s. 10.]
(4) A certificate of registration issued to an architect, architectural technologist or architectural draftsperson whose name has been removed from the register in terms of this section shall be deemed to have been cancelled on the date of the removal and the architect, architectural technologist or architectural draftsperson shall be deemed not to be registered with effect from that date.
[16 of 2014, s. 10.]
30. Restoration of name to the register
Where the name of an architect, architectural technologist or architectural draftsperson has been removed from the register or the registration of an architect, architectural technologist or architectural draftsperson has been suspended, the Council may, either of its own volition, or on the application of the architect, architectural technologist or architectural draftsperson concerned made in such form as may be prescribed, and after holding such inquiry as the Council may consider necessary, direct that the name of the architect, architectural technologist or architectural draftsperson be restored to the register.
[16 of 2014, s. 11.]
31. Appeal against refusal to register, etc.
A person aggrieved by a decision of the Council to—
(a) refuse to register him or her as an architect, architectural technologist or architectural draftsperson;
[16 of 2014, s. 12.]
(b) suspend his or her registration; or
(c) remove his or her name from the register,
may, after giving written notice of his or her intention to appeal to the Council, and within 30 days of the date on which notice is given to him or her by the Registrar of the refusal, suspension or removal, appeal to the High Court.
32. Return of registration certificate to Registrar
(1) An architect, architectural technologist or architectural draftsperson whose name has been removed from the register under section 29 shall return, by registered letter to the Registrar, his or her certificate of registration within 30 days of the date upon which he or she is directed in writing by the Registrar to do so.
[16 of 2014, s. 13.]
(2) A person who refuses to return a certificate of registration in contravention of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2000 or to imprisonment for a term not exceeding four months, or to both.
33. Register to be prima facie evidence
(1) The register shall be prima facie evidence of the matters set out therein.
(2) Notwithstanding the generality of subsection (1), a certificate purporting to be signed by the Registrar to the effect that—
(a) the name of a person does not appear in the register shall be prima facie evidence that the person is not an architect, architectural technologist or architectural draftsperson;
[16 of 2014, s. 14.]
(b) the name of a person appears in the register shall be prima facie evidence that the person is an architect, architectural technologist or architectural draftsperson; or
[16 of 2014, s. 14.]
(c) an architect, architectural technologist or architectural draftsperson has been suspended from practice as such for the period specified in the register shall be prima facie evidence that the person has been suspended from practice for the period.
[16 of 2014, s. 14.]
(3) A copy of an entry in the register, a document in the custody of the Registrar or an extract from the register or from any document purporting to be certified by the Registrar, shall be admitted in evidence in all courts without further proof or production of the original.
34. Offences in connection with the register
Any person who—
(a) makes or causes to be made an unauthorised entry, alteration or deletion in the register;
(b) procures or attempts to procure for himself or herself or another person, registration or a certificate of registration by means of fraud, false pretence or concealment of a material fact;
(c) makes or causes to be made in connection with an application for registration, a false declaration in a document used for the purpose of establishing his or her identity;
(d) wilfully destroys or renders illegible an entry in the register;
(e) without the permission of the holder, wilfully destroys or renders illegible a certificate of registration; or
(f) forges or utters, knowing the same to be forged, a document purporting to be a certificate of registration,
shall be guilty of an offence and liable to a fine not exceeding P3000 or to imprisonment for a term not exceeding six months or to both.
PART IV
Disciplinary and Other Inquiry (ss 35-41)
(1) Subject to the provisions of this Act, the Council may hold an inquiry into any allegation made in writing by a member of the public—
(a) that an architect, architectural technologist or architectural draftsperson has acted or omitted to act, and the act or omission amounts to improper or disgraceful conduct; or
[16 of 2014, s. 15.]
(b) in respect of matters referred to in section 39.
(2) The Council shall cause to be sent, to an architect, architectural technologist or architectural draftsperson against whom an allegation has been made under subsection (1), a registered letter to his or her address as shown in the register, containing a notice setting out the allegation against him or her and the Council shall afford the architect, architectural technologist or architectural draftsperson an opportunity to be heard either by himself or herself or by a legal representative.
[16 of 2014, s. 15.]
(3) The Council shall invite and have present, during its deliberations under this section, a legal practitioner of their choice, to render legal advice to the Council, during the course of an inquiry under this Part.
(4) For the purposes of an inquiry under this section, the Council shall—
(a) administer oaths;
(b) summon persons to attend and give evidence; and
(c) order the production of documents.
(5) All summonses and orders issued under the hand of the Chairperson or Vice Chairperson shall be deemed to be issued by the Council.
(6) The Chairperson, or in his or her absence the Vice Chairperson, shall record or cause to be recorded a summary of any oral evidence given at an inquiry under this section.
(7) Subject to the provisions of this Act, the Council shall regulate its own procedure at an inquiry held under this Part:
Provided that all parties having an interest in the inquiry shall be advised by the Council of the form of the procedure of such inquiry.
36. Disregard of summons, etc.
(1) A person to whom a summons or order is issued under section 35 and to whom such summons or order is served, who—
(a) refuses or omits, without sufficient cause, to attend at the time and place mentioned in the summons;
(b) refuses, without sufficient cause, to answer fully and satisfactorily, questions put to him or her by or with the concurrence of the Council; or
(c) refuses or omits, without sufficient cause, to produce any document in his or her possession or under his or her control,
shall be guilty of an offence and liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding two months or to both.
(2) A person giving evidence before an inquiry under this Part shall, in respect of evidence given by him or her or documents produced by him or her, be entitled to all the privileges to which he or she would be entitled as a witness before the High Court.
37. Powers of Council at inquiry
(1) The Council may, where it finds an architect, architectural technologist or architectural draftsperson guilty of any allegation made under section 35—
(a) order the Registrar to remove, from the register, the name of the architect, architectural technologist or architectural draftsperson;
(b) order the suspension of the architect, architectural technologist or architectural draftsperson for a specified period, from performing the work of an architect, architectural technologist or architectural draftsperson;
(c) impose, on the architect, architectural technologist or architectural draftsperson, such conditions as it considers appropriate;
(d) order the architect, architectural technologist or architectural draftsperson to pay such fine as the Council may determine;
(e) order the architect, architectural technologist or architectural draftsperson to pay any costs or expenses of, and incidental to, the inquiry; or
(f) caution, in writing, the architect, architectural technologist or architectural draftsperson and set conditions for the conduct of the architect’s business, that he or she shall comply with for a period not exceeding three years.
[16 of 2014, s. 16.]
(2) The Council may, after giving reasonable notice in writing to an architect, architectural technologist or architectural draftsperson, take further action against the architect, architectural technologist or architectural draftsperson where he or she has not complied with an order under subsection (1)(c), (d), (e) or (f).
[16 of 2014, s. 16.]
(3) An inquiry held under this Part shall be deemed to be a judicial proceeding.
38. Disciplinary powers of Council
The Council may institute an inquiry, under this Part, into the conduct of an architect, architectural technologist or architectural draftsperson where—
[16 of 2014, s. 17.]
(a) the architect, architectural technologist or architectural draftsperson has been convicted of an offence within or outside Botswana, whether before or after the date of registration; and
[16 of 2014, s. 17.]
(b) the Council is of the opinion that the offence under paragraph (a) constitutes improper or disgraceful conduct.
39. Architect, architectural technologist or architectural draftsperson becoming unfit to practise
(1) Where it is alleged, under section 35, that an architect, architectural technologist or architectural draftsperson has become mentally disabled to such an extent that it would be contrary to the public interest to allow the architect, architectural technologist or architectural draftsperson to continue to practise, the Council shall—
[16 of 2014, s. 18.]
(a) call for information regarding the allegation;
(b) cause such investigation to be made as it thinks necessary; and
(c) seek such legal advice or other assistance as it may require.
(2) The provisions of sections 35, 36 and 37 shall, with the necessary modifications, apply to an architect, architectural technologist or architectural draftsperson referred to under subsection (1).
[16 of 2014, s. 18.]
40. Appeal against decision of Council at inquiry
(1) An architect, architectural technologist or architectural draftsperson aggrieved by a decision of the Council at an inquiry under this Part may, within 30 days of the date of the decision, appeal to the High Court.
[16 of 2014, s. 19.]
(2) A person aggrieved by a decision of the Council at an inquiry refusing to remove the name of an architect, architectural technologist or architectural draftsperson from the register, or to suspend an architect may, within 30 days of the date of the decision, appeal to the High Court against such decision.
[16 of 2014, s. 19.]
(3) The High Court may, on hearing an appeal in terms of subsection (1)—
(a) confirm, vary or set aside any decision of the Council; or
(b) remit the matter to the Council for a further consideration and may make such other orders as to costs as it considers appropriate.
41. Publication of outcome of proceedings
(1) Where the Registrar is directed by the Council, he or she shall cause to be published by notice in the Gazette, the name of any architect, architectural technologist or architectural draftsperson whose name has been removed or who has been suspended from practice under this Part.
[16 of 2014, s. 20.]
(2) A notice published in accordance with subsection (1) shall be prima facie evidence that the name of an architect, architectural technologist or architectural draftsperson specified in the notice has been removed or the architect, architectural technologist or architectural draftsperson so specified has been suspended from practice for the period specified in such notice.
[16 of 2014, s. 20.]
PART V
Financial Provisions (ss 42-45)
(1) The revenues of the Council shall consist of—
(a) application fees and other fees as shall be charged by the Council;
(b) grants and donations that the Council may receive;
(c) income that Council may receive from rentals or sale of land, buildings or published materials; and
(d) annual fees.
[16 of 2014, s. 21.]
(2) The Council shall use the funds acquired under subsection (1) to meet the costs incurred for its operations and shall use any surplus accrued for such purposes as it may determine.
[16 of 2014, s. 21.]
(3) The Council shall manage its own budget through a subvention or grant from Government until such time that the Council is able to source its own funding.
[16 of 2014, s. 21.]
The financial year of the Council shall be a period of 12 months ending on the 31st of December of every year.
(1) The Council shall keep and maintain proper books of accounts and records of accounts in respect of every financial year relating to the assets, liabilities, income and expenditure of the Council, and shall prepare, in each financial year, a statement of such accounts.
(2) The accounts of the Council in respect of each financial year shall, within three months of the end thereof, be audited by an auditor appointed by the Council.
(3) An auditor appointed under subsection (1) shall report in respect of the accounts for each financial year, in addition to any other matter on which the auditor considers it necessary to comment on, whether or not—
(a) the auditor has received all information and explanations which, to the best of the auditor’s knowledge and belief, were necessary for the performance of the auditor’s duties;
(b) the accounts and related records of the Council have been properly kept;
(c) the Council has complied with all the financial provisions of this Act with which it is the duty of the Council to comply; and
(d) the statement of accounts prepared by the Council was prepared on a basis consistent with that of the preceding year and represents a true and fair view of the transactions and financial affairs of the Council.
(4) The report of the auditor and a copy of the audited accounts shall, within 14 days of the completion thereof, be forwarded to the Council by the auditor.
The Council shall, within a period of six months of the end of the financial year, submit, to the Minister, a comprehensive report on the operations of the Council during that year, together with the auditor’s report and the accounts audited under section 44.
PART VI
General (ss 46-51)
No matter or thing done or omitted to be done by a member or staff of the Council shall, if the matter or thing is done or omitted to be done bona fide in the course of the operations of the Council, render a member or staff personally liable to an action, claim or demand.
The Minister may, by Order published in the Gazette, make such transitional arrangements as shall be necessary for the establishment of the Council.
(1) Every person whose name has been entered in the register as—
(a) an architect shall, as long as his or her name remains on the register, be entitled to adopt and use the word and title “Architect” or “Registered Architect” or such other style or title as may be approved by the Council;
(b) an architectural technologist shall, as long as his or her name remains in the register, be entitled to adopt and use the word and title “Technologist” or “Registered Technologist” or such other style or title as may be approved by the Council; or
(c) an architectural draftsperson shall, as long as his or her name remains in the register, be entitled to adopt and use the word and title “Draftsperson” or “Registered Draftsperson” or such other style or title as may be approved by the Council,
and to offer his or her services to the public for gain or reward based on fee scales provided in the conditions of engagement and such accepted fees as may be prescribed by the Council.
[16 of 2014, s. 22.]
(2) Notwithstanding the provisions of subsection (1), architectural work shall be reserved as follows—
(a) all architectural work exceeding two hundred and fifty square metres (250m2″/>) in total gross floor area, or all architectural work declared by the Minister under subsection (3) to be of a specialised nature shall be reserved for architects;
(b) the work of an architect not exceeding two hundred and fifty square metres (250m2″/>) in total gross floor area may be undertaken by an architectural technologist, provided that such work does not fall within architectural work classified as specialised under subsection (3); and
(c) the work of an architect not exceeding one hundred and fifty square metres (150m2″/>) in total gross floor area may be undertaken by an architectural draftsperson, provided that such work does not fall within architectural work classified as specialised under subsection (3).
[16 of 2014, s. 22.]
(3) The Minister may, by notice published in the Gazette declare certain work of an architect as architectural work of a specialised nature.
[16 of 2014, s. 22.]
(1) Every drawing shall, notwithstanding that it is produced by an architectural technologist or an architectural draftsperson submitted for planning or building permission and for approval to a local authority, be signed by an architect who shall provide proof, thereto, of the validity of his or her registration by the Council.
[16 of 2014, s. 23.]
(2) The name and signature of an architect, appearing on a drawing, shall be sufficient to certify that the design and technical documentation is of a satisfactory standard as to guarantee fitness-for-purpose, acceptable Indoor Environmental Quality and safety of the occupants of the erected structure.
[16 of 2014, s. 23.]
(3) For purposes of subsection (2), “acceptable Indoor Environmental Quality” means the indoor environment that provides for indoor air quality, ventilation, daylighting and thermal comfort so as not to compromise the health of occupants or expose them to hazardous substances.
[16 of 2014, s. 23.]
(1) Any person who is not an architect, architectural technologist or architectural draftsperson who—
(a) performs the work of an architect, architectural technologist or architectural draftsperson for gain;
(b) practises or carries on business under any name or style which contains the word—
(i) “Architect” or “architectural”,
(ii) “Architectural Technologist” or “Registered Architectural Technologist”, or
(iii) “Architectural Draftsperson” or “Registered Architectural Draftsperson”;
(c) uses by way of advertisement, description, document, drawing or other means, any name, title, addition, description, letters, motto, emblem, symbol, badge, seal or other insignia which indicates or is intended to lead persons to assume that he or she is an architect, architectural technologist or architectural draftsperson; or
(d) pretends or by any means whatsoever, holds himself or herself out to be an architect, architectural technologist or architectural draftsperson, shall be guilty of an offence:
Provided that the provisions of this subsection shall not preclude the use of the designation “Naval Architect”, “Landscape Architect” , or any similar designation as may be prescribed by the Council.
[16 of 2014, s. 24.]
(2) Any person who, or entity which knowingly employs or engages, in the capacity of an architect, architectural technologist or architectural draftsperson any person who was registered and—
(a) whose name has been removed from the register and has not been restored; or
(b) who has been suspended from practising in terms of this Act, during the period of suspension,
shall be guilty of an offence.
[16 of 2014, s. 24.]
(3) A person convicted of an offence under subsection (1) or (2) shall be liable on a first conviction to a fine not exceeding P5 000 or to imprisonment for a term not exceeding 10 months, or to both and, on a second or subsequent conviction, to a fine not exceeding P10 000 or to imprisonment for a term not exceeding two years, or to both.
[16 of 2014, s. 24.]
(4) For the purposes of subsection (1), a person shall be deemed to be performing the work of an architect for gain if he or she or a partnership of which he or she is a member or an employee including a director in relation to a company—
(a) performs the work of an architect for or in expectation of a fee, gain or reward, direct or indirect to himself or herself or to any other person; or
(b) holds himself or herself out as an architect, architectural technologist or architectural draftsperson and is prepared to receive a fee, gain or reward, direct or indirect to himself or herself or to any other person, to perform the work of an architect.
[16 of 2014, s. 24.]
(5) The Council may impose administrative penalties of an amount not exceeding that specified in subsection (3) where a person contravenes any of the provisions of any rules or regulations made under this Act.
[16 of 2014, s. 24.]
(1) Without prejudice to the generality of section 49, it shall be lawful for—
(a) a person who is—
(i) in the bona fide employment of an architect, to perform the work of an architect under the direction and control of such architect, or
(ii) engaged by an architect to provide a specific service for such architect, to perform, in accordance with the instructions of such architect, the work of an architect, other than the supervision of the work of constructing buildings or additions thereto;
(b) a body corporate, firm or partnership which carries on business which involves the performance of the work of an architect, to perform the work of an architect or to describe or hold itself out to be an architect where—
(i) the business of the body corporate, firm or partnership, in so far as it relates to the works of an architect, is under the direct control and management of a principal who is an architect and who does not act at the same time in a similar capacity for any other body corporate, firm or partnership, or
(ii) the business referred to in subparagraph (i) is carried on and is not personally conducted by the said principal, such business is being conducted under the direction of the said principal by an assistant who is an architect; or
(c) a person in the bona fide employment of a body corporate, firm or partnership referred to under paragraph (b) to perform the work of an architect under the direction and control of a principal or assistant referred to under paragraph (b).
(2) It shall be a defence to any charge of contravening subsection (1)(a) for a person to show that he or she performed the work of an architect for his or her employer whilst in the bona fide full time employment of his or her employer and that—
(a) his or her remuneration was by way of a wage or salary and not a fee or commission; and
(b) he or she was not employed solely to design or supervise the work of constructing a particular building or buildings or additions thereto.
(1) The Minister may, after consultation with the Council, make regulations generally for the better carrying out of the objects and purposes of this Act, and without prejudice to the generality of the foregoing, any such regulations may provide for—
(a) fees and fines to be paid under the Act;
(b) the procedure to be followed at an inquiry under this Act;
(c) the establishment and administration of a fidelity fund;
(d) the exemption of any person from any provision of the Act, provided they comply with such conditions as may be prescribed; and
(e) the forms to be used under the Act.
[16 of 2014, s. 25.]
(2) The Council may, in consultation with the Minister, make rules prescribing—
(a) the conduct of the business of the Council;
(b) the determination and regulation of the professional conduct and ethics of the architectural profession;
(c) the issuing of certificates;
(d) the establishment of a tariff of fees for the provision of services of the architectural profession; and
(e) the holding of an examination of any person wishing to apply under section 23.
[16 of 2014, s. 25.]