SAICE’S SUBMISSION TO ECSA ON COMPULSORY REGISTRATION AND

IDENTIFICATION OF WORK FOR THE EXCLUSIVE PERFORMANCE BY REGISTERED

PERSONS

(DRAFT 11 August 2002)

Background

ECSA has invited comments on the identification of work for purposes of compulsory
registration, viz:.

Definition of “Practise”

The provisions of section 18(2) prevent a person from “practising” in a category other than the category
in which he/she is registered. While at first glance one may interpret this provision as saying that, for
example, a professional engineering technologist may not practice as a professional engineer, and
vice \versa, this section can also be construed as preventing an unregistered person from practising as
an engineer or a technologist without being registered as such.

Whatever the interpretation, this provision may not be capable of implementation unless the meaning of
the term “practise” (as a verb) is clearly defined. The focus of this request, therefore, is to solicit your
inputs regarding the meaning of “practise”. What does a person have to do to be regarded as practising
his/her profession? Phrased differently, under what circumstances would one not be regarded as
practising one’s profession? (i.e. being a restaurant owner, or a human resource manager in a
construction company?)

Since this legislation is bound to be peremptory, a high premium will be placed on a detailed and
unambiguous definition.

Identification of Work

(1) You are invited to list all those areas within the engineering industry that affect public safety
and health, especially relevant to the discipline/area of engineering in which your members are
active.

(2) As a second focus, the actual functions that are performed by practitioners in the
discipline/areas mentioned above should be listed. The functions should be limited to where
public safety and health is directly affected. The extent to which public safety and health is
affected should be highlighted. (i.e. design, manufacturing, construction, inspection, teaching
etc.)

It would be helpful if you could consider these functions in the context of the engineering team,
i.e. technicians, certificated engineers, technologists and engineers. Which of the functions
listed can justifiably be restricted to a particular category of registration? i.e. exclusively for
engineers or technologists etc.

(3) Although compulsory registration of consultants is common practice among most professions,
the engineering profession needs to consider whether compulsory registration of consulting
engineering practitioners should be introduced as a specific group of engineering practitioners
that are compelled to register before they are permitted to undertake this function. While it is
generally accepted in the engineering profession that consultants should be registered, there is
no express legal provision in existence to enforce this.

Question:

(a) Should consulting engineering practitioners (across all the categories) be compelled to register
in their own right if they undertake consulting engineering services, for reward?
(b) Should any distinction be drawn between the salaried person doing engineering work for an
employer in, say, manufacturing, and an engineering consultant doing consulting work for
his/her own account?

The pertinent Sections of the Council for the Built Environment Act and the Engineering
Professions Act are:

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Council for the Built Environment Act (Act 43 of 2000)

20. (1) The council must, after receipt of the recommendations of the councils for the professions submitted to it in
terms of the professions’ Acts, and before liaising with the Competition Commission in terms of section 4(q)—
(a) determine policy with regard to the identification of work for the different categories of registered
persons;
(b) consult with any person, body or industry that may be affected by the identification of work in terms of this section.
(2) The council must, after consultation with the Competition Commission, and in consultation with the councils for
the professions, identify the scope of work for every category of registered persons.

Note: Two of the objectives of the Council are to:

promote and protect the interests of the public in the built environment; (3(a))
promote appropriate standards of health, safety and environmental protection (3(e))

Engineering Professions Act (Act 46 of 2000)

18(1) The categories in which a person may register in the engineering profession are-
a) professional, which is divided into-— .,.
(i) Professional Engineer:
(ii) Professional Engineering Technologist;
(iii)Professional Certificated Engineer; or
(iv) Professional Engineering Technician; or
(b) candidate, which is divided into—
(i) Candidate Engineer;
(ii) Candidate Engineering Technologist;
(iii) Candidate Certificated Engineer; or
(iv) Candidate Engineering Technician; or
(c) specified categories prescribed by the council.

(2) A person may not practice in any of the categories contemplated in subsection 1 ), unless he or she is
registered in that category.

26. (1] The council must consult with--–

(a) all voluntary associations;
(b) any person;
(c) any body; or
(d) any industry,
that may be affected by any laws regulating the built environment professions regarding the identification of the
type of engineering work which may be performed by persons registered in any of the categories referred to
in section 18, including work which may fall within the scope of any other profession regulated by the
professions’ Acts referred to in the Council for the Built Environment Act, 2000.
(2) After the process of consultation the council must submit recommendations to the CBE regarding the work
identified in terms of subsection (1), for its consideration and identification in terms of section 20 of the Council for the
Built Environment Act, 2000.
(3) A person who is not registered in terms of this Act, may not–-
(a) perform any kind of work identified for any category of registered persons;
(b) pretend to be, or in any manner hold or allow himself or herself to be held out as a person registered in terms of
this Act;
(c) use the name of any registered person or any name or title referred to in section 18 or 21;
(d) perform any act indicating, or calculated to lead persons to believe, that he or she is registered in terms of this
Act.
(4) Subsection (3)(a) may not be construed as prohibiting any person from performing work identified in terms of this
section, if such work is performed in the service of or by order of and under the direction, control, supervision of or in
association with a registered person entitled to perform the work identified and who must assume responsibility for
any work so performed.

Note: ECSA has powers to:

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 engineering
profession (14g);
create an awareness amongst registered persons of the importance to protect the environment against
unsound engineering practices(14i) ;
take any steps which it considers necessary, where, as a result of engineering related undertakings, public
health and safety is prejudiced (14j);

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SAICE’S RESPONSE TO THE QUESTIONS POSED BY THE BUILT ENVIRONMENT
COUNCIL ACT AND THE ENGINEERING COUNCIL ACT AND ECSA

1) Introduction

In order to respond to ECSA’s request for input on compulsory registration and the
identification of work for the exclusive performance by registered persons, it is necessary to
consider the following issues:

1) What are the basic engineering disciplines?

2) What is the scope of work associated with civil engineering and how does such
work impact on public health, safety and the environment?
3) What skills are required to practice the discipline of civil engineering?
4) What skills do different members of the civil engineering team require?
5) Why is registration necessary?
6) Is there a difference between being registered and being licensed to practice?
7) Which pieces of legislation require civil engineers to make determinations and
why?

2) Civil engineering as a discipline

The starting point is to identify the scope of engineering work for registered persons as this
may have an impact on the approach to registration.

Engineering may, in the first instance, be broken down into a number of disciplines1.

The civil engineering discipline is concerned with materials such as steel, concrete, earth
and rock, and with their application in the research, design, development, manufacture,
construction, operation, maintenance and management of hydraulic, structural, environmental
and systems aspects of infrastructure works and services such as water, sewerage, transport,
urban development and municipal services, and with building and construction for other
infrastructure industries.

Specific expertise areas within engineering include:

• Building Construction
• Coastal Engineering
• Construction Management
• Engineering Geology
• Engineering Hydrology
• Engineering Surveying
• Environmental Engineering
• Erosion Control Engineering
• Geotechnical Engineering
• Hazardous Waste Treatment Engineering
• Hydraulic Engineering
• Municipal Engineering
• Procurement and Delivery Management
• Project Management
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ECSA currently list registered persons on their website in terms of the following disciplines:
aeronautical; agriculture; chemical; civil; computer engineering; consulting; electrical; electrical and electronics;
electro-mechanical, electronics, engineering design and draughting, engineering process, industrial, marine,
materials, mechanical, mechatronics, metallurgy; mineral; minining, nuclear and transportation.
According to ECSA’s chief executive officer, Paul Roux, the disciples have been placed on the Web as an aid for
purposes of identification. The criterion used for this is simply the discipline for which Professional Advisory
Committees take responsibility, in other words if an applicant was assessed by the PAC on Civil Engineering the
discipline “Civil” appear on the Web. These disciplines reflect the broad disciplines which were recognised under the
Engineering Profession of South Africa Act, 1990, and which appeared in the Schedule to the Act. These disciplines
have not been listed in the new Act, mainly because the new ECSA should still apply its mind as to which disciplines
should now be recognised. One of the Council members has been tasked to look into this.

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 • Road, Transport and Traffic Engineering
• Structural Mechanics
• Structural Engineering
• Underground Engineering and Tunneling
• Urban and Regional Planning
• Water and Waste Water Engineering

Civil engineers can as such with further tertiary education or self study and practical
experience practice2 as:

• Coastal engineers
• Construction engineers
• Dam engineers
• Geotechnical engineers
• Environmental impact accessors
• Harbour engineers
• Municipal engineers
• Project managers
• Railway engineers
• Structural engineers
• Transportation engineers
• Traffic engineers
• Tunneling engineers
• Water resources engineers
• Water treatment engineers
• Waste water managers
• etc

Civil engineers are, in summary primarily concerned with all types of infrastructure including
dams, bridges, pipelines, roads, towers and buildings. They are responsible for the design
and construction of transport systems, the design and management of gas and water supply,
sewerage systems, harbours, airports and railways. Civil Engineers plan, design and test the
structures of private and public buildings and facilities. They are also involved in many
environmental areas such as the assessment of the impact that large scale projects have on
the environment and the collection and treatment of sewage and industrial wastes, pollution
control, environmental control and resource protection and management.

3) Health safety and environmental protection

The civil engineering discipline, as previously stated is concerned with materials such as
steel, concrete, earth and rock, and with their application in the research, design,
development, manufacture, construction, operation, maintenance and management of
hydraulic, structural, environmental and systems aspects of infrastructure works and services
such as water, sewerage, transport, urban development and municipal services, and with
building and construction for other infrastructure industries. There is no aspect of the civil
engineering discipline that does not have a material and direct impact on public health, safety
and environmental protection. Some aspects of civil engineering, however, pose a greater risk
to public health, safety and environmental degradation than other aspects.

Section 24 of the Bill of rights in the Constitution of the Republic of South Africa states that
Everyone has the right

a. to an environment that is not harmful to their health or well-being; and

b. to have the environment protected, for the benefit of present and future generations,
through reasonable legislative and other measures that
2
Practice is not defined in the Act and should have the meaning normally assigned to it, viz:
New Shorter Oxford Dictionary: work at, exercise, or pursue (a profession, occupation, etc)
The World Book Dictionary : the working at or the following of a profession or occupation

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 i. prevent pollution and ecological degradation;
ii. promote conservation; and
iii. secure ecologically sustainable development and use of natural resources
while promoting justifiable economic and social development.

Given that all aspects of civil engineering can have a significant impact on public safety,
health and the environment, it may be argued that any person who practices civil engineering
can either promote or compromise the rights of South African citizens. Accordingly, the public
has a compelling interest in civil engineering.

4) Skills required to practice civil engineering

The next step is to consider the skills necessary to practice civil engineering in both the short
and medium term.

Civil engineers need in the first instance to acquire knowledge and basic skills at tertiary
educational institutions in order to practice engineering and thereafter, preferably under the
supervision and mentorship of a competent engineer, experience in the practical application
of the knowledge and skills acquired at such institutions during an initial professional
development period. Those who become proficient in the practice of civil engineering, need to
maintain, improve and broaden their knowledge and skill until such time as they cease to
practice as civil engineer engineers.

The range of basic skills which civil engineers need to acquire through universities or
technikons include:

•the identification, assessment, formulation and solving of congruent and divergent

engineering problems creatively and innovatively;
•the application of the knowledge of mathematics, basic science and engineering
sciences from first principles to solve engineering problems;
•the performance of creative, procedural and non-procedural design and synthesis of
components, systems, works, products or processes;
•the application of research methods, the planning and conducting of investigations and
experiments using appropriate equipment and the analysis, interpretation and
derivation of information from data;
•the usage of appropriate engineering methods and tools, computer packages, and
information technology; and
•professional and general communication.

These basic skills are common to all engineering disciplines. Civil engineers, in addition need
to be exposed at universities and technikons to the fundamentals and basic principles of:

• hydraulics
• construction materials
• soil mechanics
• strength of materials
• structural analysis
• surveying

5) Skills of the various members of the civil engineering team

The generic skills that members of the various members of the civil engineering team require,
irrespective of engineering discipline in each of the categories contained in section 18 of the
Engineering Professions Act which are considered appropriate to civil engineering, are as
follows:

Category of Level at which registered person Remarks

registration operates
Professional Application of advanced skills in The work of professional engineers encompasses

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Engineer analysis and knowledge of science,
engineering, technology, management
and social responsibility to problem
solving and synthesis in new and
existing fields.
Professional Application of skills in analysis and
Engineering knowledge of scientific and
Technologist technological principles, management
and social responsibility to new and
existing technologies in standard design,
testing, or field work and, with advanced
experience, adapt standard practices to
particular applications and supervise and
manage such work.
Professional Application of engineering principles
Engineering and practices in support of, or to
Technicians supplement, the work of Professional
Engineers and Professional Engineering
Technologists.
advanced design, research and field engineering, with
further professional formation in specialist practice or
supervision and management. Professional Engineers
lead teams or work in them and need to be innovative
and creative to develop the best possible solution. The
Professional Engineer must frequently make balanced
judgments between design refinement, cost, risk and
environmental impact.
Many work in a research or development environment
or prepare drawings and specifications that provide the
details or designs to those who construct an item.
Professional Engineering Technicians may also
undertake design tasks under the supervision of
Professional Engineers and Professional Engineering
Technologists.

The Professional Certificated Engineer category of registration relates more to electrical and
mechanical engineering and is not considered to be applicable or appropriate to civil
engineering.

Non-registered persons eg members of the public, farmers, employees of registered persons,

contractors , etc apply standard engineering methods, techniques and procedures either
under the direction of a registered person or in terms of a standard or code of practice which
establishes design and construction rules, which if adhered to result in acceptable solutions.

6) The case for registration in the civil engineering discipline

Registration is a procedure by which a body registers person who satisfy prescribed criteria
on an appropriate publicly available list. Registered persons in turn undertake to abide by a
code of conduct that requires them to, inter alia, place public safety above all else and not to
take on work that they are not competent to perform. The registrar is tasked with disciplining
transgressors of this code.

Registration may be advantageous to individuals, employers and the public for a number of
reasons. Registration affords engineers, technologists and technicians an opportunity to have
their qualifications and experience recognised. This gives both the public and employers
confidence in a person’s potential to practice aspects of civil engineering as registration
indicates that such a person has satisfied minimum levels of competence.

It is, however, imperative that all practicing civil engineers be registered, to give the public
some recourse should their rights be compromised by the actions of such persons in pursuing
their profession. Accordingly, compulsory registration of all civil engineers is in the public
interest.

It should be noted, however, that registration is concerned with the recognition of the
attainment of minimum standards and the management of integrity through enforcing

4
adherence to a code of conduct3. Registration is indicative that a person can work
independently.

7) The case for licensing in the civil engineering discipline

Licencing is an entitlement by law granted to persons who meet relevant standards of

competence4 to assume defined responsibilities or to perform defined functions.

Civil engineers are required in terms of the following pieces of legislation to have the
necessary experience and training to undertake specific tasks:

• National Building Regulations and Building Standards Act (Act 49 of 1995)

• National Water Act (Act 36 of 1998)

These pieces of legislation place a statutory duty of care on an approved professional person
towards the State and the general public. Such persons have defined responsibilities when
practicing under these Acts.

The Standing Committee on Structural Safety (SCOSS) in the United Kingdom, established
by the Health and Safety Executive, ICE and IStructE, is tasked with giving warnings where
unacceptable risk is believed to exist. This Committee aims to identify, in advance, trends in
the construction industry that may have an adverse effect on structural safety. Two important
findings contained in its thirteenth report in this regard are:

• The control of risks to structural safety depends primarily on the competence and
integrity of individuals and organisations. The possibility that individuals or
organisations might not be competent, or that their competence might be affected by
commercial or other pressures is a risk to structural safety and needs to be
controlled.
• The certification of structural safety-related work should be entrusted only to
appropriately qualified and experienced engineers.

In the light of this, it may be argued that it is in the public interest for civil engineers who act in
terms of the abovementioned pieces of legislation to be both registered and licensed for
reasons of integrity and competence.

Competency should be determined after a candidate has satisfied registration criteria, is

registered and has attained an adequate level of proficiency in the field of civil engineering
covered by the aforementioned pieces of legislation. There are a number of ways in which
competency can be assessed. These range from oral interviews to the sitting of written
examinations or from the submission of essays on a topic to portfolios of work undertaken.
Irrespective of the method of assessment, the candidate must be able to demonstrate that he
or she is competent to assume responsibility for work required while those pronouncing that
such person are competent must be confidant of their findings. It must be stressed that the
determination of whether or not a person is competent has a significant impact on public
safety.

The Joint Structural Division of SAICE and IStructE has examined this issue with respect to
the National Building Regulations and has developed core competencies for structural
engineering complete with performance / assessment criteria. The Division has benchmarked
these competencies or outcomes against an international and have suggested that these

3
The Council of the Institution of Structural Engineers has recently approved guidance on what is “in the public
interest” on the matter of professional indemnity insurance. The guidance in effect requires that members offering
advice should have PI cover and if they don’t, they should so inform their client before accepting a commission.
Codes of conduct which make the declaration of PI cover to a client obligatory will afford the public some measure of
relief if the negligent actions of civil engineers cause them financial harm.
4
Competency is the ability to perform activities in an occupational category or function to the standard expected in
employment.

5
competencies should be assessed at to levels, viz as a structural engineer and a structural
engineering technologist.

Civil engineers irrespective of their registration category who demonstrate competence as a

structural engineer will be presumed to have the ability to independently design all types of
structures including residential, institutional, commercial and industrial buildings, towers,
bridges, culverts and mining and containment structures. Civil engineers who demonstrate
competence as a structural engineering technologist may independently design structures
that include:

• one family houses which may be separated or linked horizontally but not linked
vertically.
• residential buildings not exceeding 2 storeys in height
• retail premises, commercial and institutional buildings not exceeding 2 storeys
• commercial, agricultural and institutional storage facilities and warehousing not
exceeding one storey.
• reinforced concrete framed buildings, irrespective of occupancy, not exceeding 5
storeys; and
• freestanding and retaining walls.

provided that these structures contain structural elements that fall within the scope of national
codes of practices, are not located in areas subject to seismic activity or have:
• clear floor slab spans in excess of 7metres;
• storey heights in excess of 6 metres;
• clear roof spans in steel roof structures in excess of 25 metres;
• clear roof spans in timber roof structures in excess of 10 metres; or
• cranes which are frequently subjected to the safe working load and are normally
subjected to loads which are relatively close to the safe working load.

The Joint Structural Division’s proposal may be summarised as follows:

REGISTER WITH ECSA AS Demonstrate

R
RECOGNITION AS A :Structural
AP
A: Professional Engineer
competence
E
Engineer Structural Engineering
Professional Engineering Technologist
P
Professional Engineering Technician
P T
Technologist

8 Conclusions and recommendations

SAICE:

1) considers engineering to comprise a number of disciplines including that of civil

engineering;

2) regards civil engineering as the discipline concerned with materials such as steel,
concrete, earth and rock, and with their application in the research, design, development,
manufacture, construction, operation, maintenance and management of hydraulic,
structural, environmental and systems aspects of infrastructure works and services such
as water, sewerage, transport, urban development and municipal services, and with
building and construction for other infrastructure industries;

3) is of the view that there is no aspect of the civil engineering discipline that does not have
a material and direct impact on public health, safety and environmental protection and
recognises that some aspects of civil engineering pose a greater risk to public health,
safety and environmental degradation than other aspects;

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 4) considers that any person who practices civil engineering can either promote of
compromise the rights of South African citizens as enshrined in Section 24 of the Bill of
Rights which is incorporated in the Constitution of the Republic of South Africa;

5) holds the view that civil engineers need, in the first instance, to acquire knowledge and
basic skills at tertiary educational institutions in order to practice engineering and
thereafter, preferably under the supervision and mentorship of a competent engineer,
experience in the practical application of the knowledge and skills acquired at such
institutions during an initial professional development period;

6) considers that those who become proficient in the practice of civil engineering, need to
maintain, improve and broaden their knowledge and skill until such time as they cease to
practice as civil engineers;

7) considers that there are two concepts to consider in respect of persons practicing civil
engineering regarding public safety, health and interest, viz:

• Registration: a legal requirement for persons that have attained certain

minimum entry requirements, agreed to abide by a code of
conduct to practice civil engineering and undertaken to maintain,
improve and broaden their knowledge and skill until such time as
they cease to practice as civil engineers.
• Licensing: an entitlement granted to persons who meet relevant standards of
competence to make judgements or formulate opinions in terms of
specific pieces of legislation.

8) considers it be in the public interest for:

a) all practicing civil engineers to be registered;

b) registered civil engineers offering advice to the public to either have professional
indemnity insurance cover, and if they don’t, to so inform their client before
accepting a commission; and
c) all practicing civil engineers who act in terms of the National Building Regulations
and Building Standards Act (Act 49 of 1995) and National Water Act (Act 36 of
1998) to be both registered and licensed.

9) considers that competency for the purposes of licensing should be determined through
demonstrated competence against identified outcomes (core competencies) by means of
oral interviews, the sitting of written examinations or the submission of portfolios of work
undertaken, after a candidate has satisfied registration criteria, is registered and has
attained an adequate level of proficiency in the field of civil engineering covered by the
aforementioned pieces of legislation.

10) considers the meaning of “practice” in the civil engineering context to mean to research,
design, develop, manufacture, construct, operate, maintain or manage the hydraulic,
structural, environmental and systems aspects of infrastructure works and services such
as water, sewerage, transport, urban development and municipal services, and with
building and construction for other infrastructure industries.

SAICE recommends that:

1) ECSA register professional and candidate engineers in different engineering disciplines in

terms of Section 18 of the Act. This is considered necessary as not all engineering disciplines
have a direct impact on public safety and health, and as such may not require compulsory
registration.

2) Person in the civil engineering discipline should be registered as either Professional

Engineer, Professional Engineering Technologist or Professional Engineering Technician.
The level at which such persons should be permitted to practice civil engineering should be
as follows:

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 Professional Engineer Application of advanced skills in analysis and knowledge of science,
engineering, technology, management and social responsibility to
problem solving and synthesis in new and existing fields.
Professional Engineering Application of skills in analysis and knowledge of scientific and
Technologist technological principles, management and social responsibility to new
and existing technologies in standard design, testing, or field work and,
with advanced experience, adapt standard practices to particular
applications and supervise and manage such work.
Professional Engineering Application of engineering principles and practices in support of, or
Technicians to supplement, the work of Professional Engineers and Professional
Engineering Technologists.

3) Persons who are not registered in terms of the Act should not be permitted to
participate in the research, design, development, manufacture, construction, operation,
maintenance or management of the hydraulic, structural, environmental and systems aspects
of infrastructure works and services such as water, sewerage, transport, urban development
and municipal services, and with building and construction for other infrastructure industries.
Such persons should, however, be permitted to apply standard engineering methods,
techniques and procedures either under the direction of Professional Engineers, Professional
Engineering Technologists and Professional Engineering Technicians or in terms of a
standard or code of practice which establishes design and construction rules, which if
adhered to result in acceptable solutions.

Note: The implications of this proposal are that:

• civil engineering consultants will need to be registered and posts in municipalities involving the
technical or managerial aspects of civil engineering must be reserved for registered civil
engineers; and
• persons who are not registered will be permitted to independently design and build civil
engineering works which are the subject of a national standard eg in terms of an SABS code of
practice such as SABS 0400: the application of the National Building Regulations.

4) ECSA create specific categories for registered persons in terms of Section 18(c) of the Act to
provide for the licensing of civil engineers who assume responsibilities in terms of pieces of
legislation eg the National Building Regulations and Standards Act and the Water Act. ECSA
should admit registered persons to these categories of registration should they satisfactorily
demonstrate competence in terms of published competency standards.

5) Only persons who are both registered and licensed in terms of the Act should be permitted to
assume defined responsibilities in terms of the National Building Regulations and Standards
Act and the Water Act, in accordance with their level of demonstrated competence, as
apposed to their category of registration.

6) ECSA should link continuing education requirements. To both registration and licensing.

7) ECSA should amend the present code of conduct to require registered civil engineers
offering advice to the public to either have professional indemnity insurance cover,
and if they don’t, to so inform their client before accepting a commission.