South African Association of Professional Planners





Home About Us Information Brochure Position Statement Registration Application Form Consultants Services Publications Constitution Tariff of Fees FAQ Rules The Act Members BRANCH OFFICES HEAD OFFICE N-Z HEAD OFFICE A-M Notice Board Circular: 25/03/2010 Circular: 22/06/2009 Circular: 03/12/2008 Circular: 18/9/08		RULES OF THE SOUTH AFRICAN COUNCIL FOR TOWN AND REGIONAL PLANNERS PUBLISHED IN TERMS OF THE TOWN AND REGIONAL PLANNERS ACT, 1984 (ACT 19 OF 1984) UPDATED AS AT 30 June 2000 Gazetted in the Government Gazette, General Notice 2422 of 2000, Vol. 420, No. 21328 on 30 June 2000. CHAPTER 1 : DEFINITIONS 1.1 In these rules, unless the context indicates otherwise any expression or word to which a meaning has been assigned in the Town and Regional Planners' Act, 1984 (19 of 1984) shall bear the same meaning and - "President" means the President of the South African Council for Town and Regional Planners; "the Act" means the Town and Regional Planners' Act, 1984 (Act 19 of 1984). CHAPTER 2 : MEETINGS AND PROCEDURE AT MEETINGS OF THE COUNCIL, THE EDUCATION ADVISORY COMMITTEE AND COMMITTEES OF THE COUNCIL 2.1 Meetings of the Council 2.1.1 Subject to the provisions of sections 6 and 7 of the Act and rule 2.1.2, all meetings of the Council shall be held at such times and places as may be fixed by the Council: Provided that the Council shall meet at least twice a year in every year : Provided further that, if at the close of any meeting the Council has not fixed the time and place of its next meeting, such time and place shall be determined by the President. 2.1.2 The President may at any time call a meeting of the Council to be held at such time and place as he may determine. 2.1.3 The President shall, upon a written request to the Registrar, signed by not less than five members of the Council, call a meeting thereof to be held within six weeks after the date of receipt of such request, at such time and place as he may determine. The members requesting the meeting shall state the object thereof. 2.1.4 Not less than three weeks notice, in writing, of every meeting of the Council, accompanied by an agenda, shall be sent by the Registrar to each member of the Council. 2.1.5 Only such business as is on the agenda shall be discussed at a Council meeting, unless the Council unanimously determines otherwise. 2.1.6 The Agenda for any meeting shall be prepared by the Registrar in consultation with the President. 2.2 Procedure of meetings 2.2.1 Any member of the Council having a personal interest in a matter discussed at a meeting, shall disclose such interest before the matter is considered and shall recuse himself if the meeting so decides. 2.2.2 The President or person presiding at the meeting shall have a deliberative vote and in the event of an equality of votes in regard to any matter, shall also have a casting vote. 2.2.3 The proceedings of any meeting shall be preserved in the form of minutes, which shall be confirmed by the members of the council and authenticated by the signature of the President as soon as possible after such confirmation. 2.2.4 Voting on any matter shall in general be by a show of hands, provided that if any one member so requests the voting shall be by ballot. 2.3 Meetings of the Education Advisory Committee 2.3.1 Meetings of the Education Advisory Committee shall be held at such times and places as the Chairman of the Education Advisory Committee shall determine: Provided that the Education Advisory Committee shall meet at least once in every year. 2.3.2 The Chairman of the Education Advisory Committee shall, upon a written request signed by not less than five members of the Committee and with the consent of the President, call a meeting thereof to be held within four weeks after the date of receipt of such request, at such time and place as he may determine. The members requesting the meeting shall state the object thereof. 2.3.3 Every member of the Education Advisory Committee shall be given not less than three weeks notice, in writing, of every meeting of such Committee together with an agenda, which shall be prepared by the Registrar in consultation with the Chairman. 2.3.4 A majority of all members of the Education Advisory Committee shall form a quorum at any meeting of the Committee. 2.3.5 The provisions of rules 2.2.1, 2.2.2, 2.2.3, and 2.2.4 shall apply mutatis mutandis to the Education Advisory Committee. 2.4 Meetings of Committees of the Council 2.4.1 The provisions of rules 2.2.1, 2.2.2, 2.2.3 and 2.2.4 are mutatis mutandis applicable to meetings of the committees established by the Council in terms of section 13 of the Act. CHAPTER 3 : REGISTERS OF TOWN AND REGIONAL PLANNERS, TOWN AND REGIONAL PLANNERS IN TRAINING AND TOWN AND REGIONAL PLANNING TECHNICIANS 3.1 Establishment of registers 3.1.1 Registers shall in terms of Section 9(2) of the Act, be kept in which shall be entered the full name, address, qualifications and date of first registration of any person whose application for registration as a Town and Regional Planner under section 20, as a Town and Regional Planner in training under section 21, or as a Town and Regional Planning Technician in terms of Section 21A of the Act has been approved by the Council. 3.1.2 The date of first registration of any person referred to in rule 3.1.1 shall be the date which appears on the certificate of registration issued to him in terms of the Act. 3.2 Keeping of registers 3.2.1 The Registrar shall remove from the registers the name of any Town and Regional Planner, Town and Regional Planner in Training or Town and Regional Planning Technician who has died or whose registration has been withdrawn in terms of section 20(5) or 25(1)(d) or whose name has been removed from the registers in terms of section 20(6) or 21A(6) or who has been suspended from his profession under section 27(2), and shall, under the authority of the Council, from time to time make the necessary alterations or additions. 3.2.2 No particulars in regard to any degree, diploma or certificate shall be entered in the register unless the Council is satisfied that the person claiming to possess such degree, diploma or certificate is entitled thereto. 3.2.3 Any entry which is proved to the satisfaction of the Council to have been made in error or through fraudulent misrepresentation or under circumstances not tenable in law shall be deleted from the registers. 3.2.4 Whenever any entry in respect of any person has been deleted under the authority of the Council, the Registrar shall, within seven days of such deletion, notify the person concerned, in writing, thereof at his last registered address. 3.2.5 The registers shall be kept in the office of the Council and the Registrar shall from time to time under the authority of the Council cause copies of the register to be printed and published. 3.2.6 The registers shall at all reasonable times be open to inspection by any member of the public upon payment of the fee prescribed. CHAPTER 4 : APPLICATION FOR REGISTRATION AS A TOWN AND REGIONAL PLANNER, TOWN AND REGIONAL PLANNER IN TRAINING OR TOWN AND REGIONAL PLANNING TECHNICIAN 4.1 An application for registration as a Town and Regional Planner, Town and Regional Planner in Training or Town and Regional Planning Technician in terms of Sections 20, 21 and 21A of the Act shall be substantially in the form as set out in the First Schedule (the application form No. C3) of these Rules and shall be accompanied by: 4.1.1 the applicable registration and annual fees prescribed in the Second Schedule of these Rules; and 4.1.2 in the case of an application in terms of Section 20(2) or 21A of the Act - a "practical training report" detailing the applicant's practical training and experience gained in town and regional planning; and certified copies of all academic certificates referred to in the First Schedule of these Rules; and 4.1.3 any further information which the Registrar may require for the proper consideration of the application. 4.2 Upon a person being registered as a Town and Regional Planner, Town and Regional Planner in Training or Town and Regional Planning Technician in terms of Sections 20, 21 or 21A of the Act, the Registrar shall issue a Certificate of Registration substantially in the form as set out in the examples in the Fourth, Fifth and Eighth Schedules to these Rules. 4.3 A duplicate of the Certificate issued in terms of Rule 4.2 may be issued if the application therefore is accompanied by an affidavit setting out the circumstances in support of the request and on payment of the fee prescribed in the Second Schedule of these Rules. CHAPTER 5: PRACTICAL TRAINING FOR REGISTRATION AS A TOWN AND REGIONAL PLANNER AND TOWN AND REGIONAL PLANNING TECHNICIAN IN TERMS OF SECTIONS 20(2) AND 21A OF THE ACT 5.1 The practical training for registration as a town and regional planner shall be performed to the satisfaction of the Council and under the guidance of a registered town and regional planner. 5.2 The practical training referred to in Rule 5.1 shall be performed after the successful completion of the prescribed examination referred to in Section 20(2)(b) of the Act and shall be an aggregate period of at least 24 months. The practical training shall include experience in both Category A and Category B and shall include not less than 6 months in either Category A or Category B. 5.3 The categories of training and experience are those defined by the Council and described in the Annexure to these Rules. 5.4 The practical training for registration as a town and regional planning technician shall be performed to the satisfaction of the Council and under the guidance of a registered town and regional planner or registered town and regional planning technician. 5.5 The practical training referred to in Rule 5.4 shall be performed during or after the successful completion of the prescribed examination referred to in Section 21A(2)(b) of the Act and shall be an aggregate period of at least 18 months. 5.6 The Council may waive the requirements of Rules 5.1, 5.2, 5.3, 5.4 and 5.5 in any special circumstances and subject to such conditions as it may deem fit. CHAPTER 6 : CODE OF CONDUCT 6.0 A registered person shall comply with the following code of conduct within and outside the boundaries of the RSA: 6.1 He shall at all times order his conduct so as to uphold and promote the dignity, standing and reputation of the profession. 6.2 He shall at all times discharge his duties to his client or employer in a competent and efficient manner and with complete integrity and without prejudice to his client's or employer's interests and his professional responsibilities. 6.3 He shall ensure that through his conduct the interest and professional reputation of any other registered person are at all times respected. CHAPTER 7 : IMPROPER CONDUCT IN TERMS OF SECTION 28(1)(d) OF THE ACT 7.0 Apart from the conduct referred to in section 24 of the Act, it shall be regarded as improper conduct if a registered person contravenes any of the rules mentioned in Chapter 6. Without prejudice to the generality of the aforegoing, he shall also be guilty of improper conduct if he fails to comply with any one or more of the following rules: 7.1 He shall give the Registrar notice in writing within one month of any change of the physical and postal addresses of his business and residence. 7.2 He shall inform the Council in writing within one month if he is involved in the forming or dissolving of any professional partnership, company or other association performing town or regional planning work. 7.3 A registered person who fails to comply with the requirements of either Rule 7.1 or 7.2 within the stipulated period shall be liable for the payment of a levy determined by the Council. 7.4 He shall not undertake an town and regional planning work where such work is in conflict with or will lead to a conflict with the interest of his clients or of his employer in respect of that work. 7.5 He shall not either directly or indirectly deal in land for his own account or for any consideration where: such dealings in land conflict with his responsibilities to his client or employer; or he has privileged or confidential information concerning such land as a result of any town and regional planning work undertaken by him:Provided further that he shall not make any personal use of or divulge to others, privileged or confidential information related to the town and regional planning work undertaken by him. 7.6 In addition to the provisions of Rules 7.1, 7.2, 7.3, 7.4, and 7.5 a town and regional planner shall comply with the following Rules: 7.6.1 A registered town and regional planner or town and regional planning technician may only practice, other than as a sole proprietor – in partnership; or as a director of a private company registered in terms of the Companies Act, 1973 (Act No. 61 of 1973); or as a member of a close corporation registered in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984), which performs town and regional planning work, on condition that : The prior written approval of the Council to do so has been obtained; and all the partners, shareholders and directors or close corporation members, as the case may be, are to be exclusively from the professions of town and regional planners or town and regional planning technicians, land surveyors, quantity surveyors, architects or engineers, all duly registered in terms of the relevant legislation pertaining to their professions, or such other persons as the Council may approve; and the names of all the partners, directors or close corporation members, appear on all documentation bearing the institution’s name, issued to any third parties and in the case of all town planners and regional town planners, their names are followed respectively by the titles TRP(SA) or TRPT(SA); and a written undertaking be given by the town and regional planner or town and regional planning technician, in favour of such person or bodies, as may be required by the Council and worded according to the requirements stipulated by the Council, confirming that – all town and regional planning work undertaken by such institution will be under the control of; and the responsibility in respect of such work will be carried by the town and regional planner or town and regional planning technician. 7.6.2 His position in any professional partnership, company or other association shall be of such a nature that he is fully responsible for the town and regional planning work performed by him, or under his supervision, on behalf of such a partnership, company or association. 7.6.3 The head office and any branch office of a consulting town and regional planner shall at all times be under the direct supervision of a registered town and regional planner who is in attendance. 7.6.4 All the work performed by him, or under his supervision, shall be presented under his name, and only work thus performed, shall be ascribed to him. 7.6.5 He shall not accept responsibility for town and regional planning work for which he does not have the necessary training and experience. 7.6.6 He shall not receive any remuneration other than professional fees paid by his client or the salary he receives from his employer, except when his client or employer and the Council gives prior approval thereto. 7.6.7 He shall not, without invitation from a potential client, offer to submit proposals for professional work on a particular matter when the potential client has already formally requested another town and regional planner to undertake professional work on that particular matter. 7.6.8 He shall not make the entire or partial payment of professional fees in respect of any statutory application to an authority conditional upon the outcome of such an application. 7.6.9 He shall only make himself, his firm or his company that performs town and regional planning work, known or give notice of his firm or company's town and regional planning services in a dignified manner such as to uphold the standing and reputation of the profession. Any advertisement, notice or information disseminated by a town and regional planner concerning his professional practise shall not be undignified, misleading or inaccurate nor shall it in any way negatively reflect on the work or professional standing of any other town and regional planner. 7.7 In addition to Rules 7.1, 7.2, 7.3, 7.4 and 7.5 a town and regional planner in training shall comply with the following Rules: 7.7.1 He shall not practise for his own account or in partnership or as a member of a Close Corporation or a director of a company performing town and regional planning work except with the prior written approval of the Council and subject to any condition which the Council may impose. 7.7.2 He shall perform any consulting town and regional planning work under the direct and continuous supervision of a registered town and regional planner except under such circumstances as the Council may approve in writing. 7.8 In addition to Rules 7.1, 7.2, 7.3, 7.4 and 7.5 a town and regional planning technician shall comply with the following Rules: 7.8.1 DELETED 13/2/1997 7.8.2 DELETED 13/2/1997 CHAPTER 8 : PROCEDURE REGARDING ALLEGED CONTRAVENTIONS OF SECTIONS 23 AND 24 OF THE TOWN AND REGIONAL PLANNERS ACT (ACT 19 OF 1984) 8.1 The Council shall establish a Disciplinary Committee to assist in dealing with complaints in terms of sections 23 and 24 of the Act. 8.2 If, after inquiry by the Disciplinary Committee, the Council is of the opinion that a person has contravened section 23, the Registrar shall, on behalf of the Council, lay a motivated charge against the person with the South African Police. 8.3 A charge against a registered person in terms of section 24 shall be addressed to the Registrar of the Council and shall contain the following information: The name, address and capacity of the complainant; the name, address and capacity of the accused; a brief exposition of the alleged contravention and the section of the Act, or rule of the Council, allegedly contravened, as well as when and how it was contravened; a complete motivation with substantiating evidence, if possible; and an affidavit that to the best of the knowledge of the complainant, the facts are true and correct. 8.3.1 Within seven (7) days of receiving a complaint in terms of Section 24 of the Act, the Registrar shall send a copy thereof to the accused, with a request that within twenty-eight (28) days after receipt thereof the latter provide him with a motivated sworn explanation. The request of the Registrar shall also include a warning that the explanation may be used as evidence against the accused. 8.3.2 Copies of the charge and reply thereto, or of the charge only if no reply is received within the prescribed period, shall be sent by the Registrar to every member of the Disciplinary Committee, and the Committee shall notify the Registrar within twenty-eight (28) days of the date of the latter's covering letter whether or not the Committee is of the opinion that the documents submitted are prima facie evidence of improper conduct. 8.3.3 Should the opinion of the Committee be negative, it shall as soon as possible be conveyed in writing to the complainant and the accused as a decision of the Council. 8.3.4 Should the opinion of the Committee be positive, the Council shall conduct an inquiry in terms of Section 26 of the Act. CHAPTER 9: REQUIREMENTS WITH WHICH AN ASSOCIATION OF TOWN AND REGIONAL PLANNERS AND TOWN AND REGIONAL PLANNING TECHNICIANS SHALL COMPLY IN ORDER TO QUALIFY FOR RECOGNITION AS A TOWN AND REGIONAL PLANNERS AND/OR TOWN AND REGIONAL PLANNING TECHNICIANS INSTITUTE IN TERMS OF SECTION 9(1)(U) OF THE TOWN AND REGIONAL PLANNERS ACT, 1984 (ACT 19 OF 1984) (as amended) SCHEDULE 1. In this Schedule, unless contrary to the context, an expression or a word to which a meaning has been assigned in the Town and Regional Planners Act, 1984 (Act 19 of 1984) (as amended), shall bear the same meaning and- "association" means an association of town and regional planners and/or planning technicians; "Council" means the South African Council for Town and Regional Planners; "the Act" means the Town and Regional Planners Act, 1984 (Act 19 of 1984) (as amended); "town and regional planners' institute" means any association of town and regional planners and town and regional planners in training recognized as a town and regional planners' institute under section 9(1)(u); "town and regional planning technicians institute" means any association of town and regional planning technicians recognised as a town and regional planning technicians institute under section 9(1)(u). 2. An association shall not be recognised in terms of section 9(1)(u) of the Act unless it complies with all the requirements prescribed hereunder: Provided that in respect of applications received from areas other than the Republic of South Africa the Council may grant exemption from one or more of the requirements. 2.1 Requirements 2.1.1 Whenever the requirements prescribed herein are amended or supplemented, a town and regional planners' and/or town and regional planning technicians institute shall, within one year from the date on which such amended or supplementary requirements came into operation, take the necessary steps to comply therewith. 2.1.2 At the request of a town and regional planners' and/or town and regional planning technicians institute the Council may, in its discretion, extend the period referred to in paragraph 2.1.1 by not more than 12 months. 2.1.3 If a town and regional planners' and/or town and regional planning technicians institute fails or refuses to comply with any of the amended or supplementary requirements referred to in paragraph 2.1.1 or 2.1.2 within the prescribed period, recognition of such a town and regional planners' and/or town and regional planning technicians institute shall be deemed to have lapsed. 2.2 An association in terms of its constitution shall further the interests and promote the art and science of town and regional planning; membership of such an association shall be available to any person who is otherwise registerable in terms of sections 20(2) and 21A of the Act respectively. 2.3 Recognition 2.3.1 No association shall be recognised as a town and regional planners' and/or town and regional planning technicians institute in terms of section 9(1)(u) of the Act unless on the date of its application for recognition, its town and regional planner or town and regional planning technician membership includes at least forty per cent of the total number of town and regional planners registered in terms of section 20(2) of the Act or town and regional planning technicians registered in terms of section 21A of the Act respectively. 2.3.2 Recognition of an association as a town and regional planners' and/or town and regional planning technicians institute in terms of section 9(1)(u) of the Act shall lapse if at any time after such recognition for a continuous period of twelve months its members who are town and regional planners or town and regional planning technicians numbered less than thirty-five per cent of the total number of town and regional planners or town and regional planning technicians who at the commencement of the said period were registered in terms of any provision of sections 20(2) and 21A of the Act respectively. 2.4 The fact that the recognition of an association as a town and regional planners' and/or town and regional planning technicians institute has lapsed in terms of these rules, shall not preclude the Council from granting any subsequent application by such association for recognition as a town and regional planners' and/or town and regional planning technicians institute in terms of section 9(1)(u) of the Act. 2.4.1 Every association shall together with its application for recognition in terms of section 9(1)(u) of the Act, submit its constitution and rules to the Council. Such constitution and rules shall not contain any provision which is in conflict with the Act or any regulation or rule promulgated in terms of the Act. 2.4.2 The constitution or rules or both the constitution and rules of an association shall provide that if an applicant for membership does not comply with the requirements for registration as a town and regional planner or town and regional planning technician in terms of the Act, he shall be in possession of a qualification acceptable to the Council for the purpose of registration as a town and regional planner or town and regional planning technician. 2.4.3 A town and regional planners' and/or town and regional planning technicians institute shall submit to the Council by not later than 31 March of each year full particulars in writing of any amendments effected to its constitution or rules during the preceding 12 months. 2.4.4 If in the opinion of the Council any amendment to the Constitution or rules of a town and regional planners and/or town and regional planning technicians institute conflicts with any of the requirements prescribed herein, the Council may require that such amendment be rectified, failing which, recognition of such institute shall lapse. 2.4.5 A town and regional planners' and /or town and regional planning technicians institute shall provide the Council by not later than 31 March of each year with such information as may be required by it for the calculation of the figures mentioned in paragraphs 2.3.1 and 2.3.2.