Thursday, April 10, 2008

South African Property News

Building Professions' Unease Over Unified Body Plan

An article in Business Day has expressed concern over the latest proposals by the government to revise the regulatory framework of professions in the building industry. The engineering and other professions argue that these changes may not effectively address the challenges that they intend to deal with.

The proposals were published for comment last month by Public Works Minister Thoko Didiza and seek to replace the various engineering and built environment regulatory structures with a single unified body. Essentially, the South African Council for the Built Environment (SACBE) would be an umbrella body and would replace all the current councils governing engineers, architects, quantity surveyors, property valuers, landscape architects and project managers. The unified body would hold overarching responsibility for all matters falling within the scope of these building professions.

Those opposed to the proposed changes are concerned that they will strip the statutory councils for these professions of their legal status and autonomy, which may not be good for the professions in the long run. The building sector is already struggling with the problem of skill shortages and these professions are crucial to the implementation of infrastructure projects worth billions of rand.

Currently, each profession is monitored and administered by an independent statutory council, which plays an oversight role. The function includes setting and enforcing internationally accepted standards, assessing individual competence, ensuring growth in the profession and communicating with the various professionals and other stakeholders.

Didiza addresses the issue of skills in her introductory remarks to the proposal, highlighting the need to align them with the country’s primary goals of transformation and economic growth. The government is concerned that these professions are still not accessible enough, particularly when it comes to the previously disadvantaged. There is also the issue of fragmentation under the current system.

“We have learnt from experience over the years. We have had to grapple with issues of access to the professions, the shortcomings in the present regulatory model, as well as the need for organized professions to serve the imperatives of the national democratic revolution,” Didiza is quoted as saying (Business Day).

The draft policy document also pinpoints that the need for a change in policy stems from the low registration levels of built environment professionals with their various councils, which in turn results in insufficient funding for these councils.

The reaction from the various industry professionals has been one of extreme concern, particularly in light of the legislative changes and their possibly detrimental effects on the professions. The proposals have instilled a sense of unease and alienation among these professionals, which already have the problem of skills shortages to deal with.

The Engineering Council of South Africa (ECSA) is especially concerned that its autonomy is under threat. CEO of ECSA, Professor Ravi Nayagar says that, “These professions are very different and cannot be put under one body. It is important for ECSA to remain autonomous because of the vital role it renders to the profession, the industry and all the relevant stakeholders.” ECSA also contests the notion that the existence of these professional councils results in fragmentation and that the proposals will lead to improvement. “Opportunities for access to the engineering profession have never been more open to all members of society than at present,” ECSA argues.

The South African Council for the Quantity Surveying Profession (SACQSP) remains convinced that the proposed measures for change are insufficient to address the various concerns. “The SACQSP is concerned that, on the contrary, these proposed measures may prove detrimental to the long-term growth and development of the quantity surveying and other built environment professions in SA” (Business Day).

Nearly all of the councils have expressed concern at the lack of adequate communication by the department and the limited time that they have been given to respond to the proposals. Thami Mchunu, spokesperson for Didiza, says that the three week period given for public comment, which expired on March 28th, has been extended to April 16th. Mchunu believes that the new legislation is expected to be in place before the end of the year.

The information in this article is courtesy of Bheki Mpofu (“South Africa: Building Professions Jib At Unified Body Plan”, Business Day, 9 April 2008).

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