Question NW2831 to the Minister of Public Works and Infrastructure
05 January 2022 - NW2831
Graham, Ms SJ to ask the Minister of Public Works and Infrastructure
(1) What (a) is the progress on the development of the Identification of Work (IDOW) Policy for the Architectural Profession under the SA Council of Architectural Professionals (SACAP) and (b) is the projected date for completion of the IDOW; (2) (a) whether the IDOW will be gazetted as the overarching policy on identification of work; if not, why not; if so, what is the role of the Memorandum of Understanding between the Competition Commission and SACAP; (3) whether the IDOW will (a) protect registered members of SACAP, as well as the various categories of members against unfair competition from unregistered persons and (b) be the benchmarking policy for the development of the Fee Guideline annually; if not, why not, in each case; if so, what are the relevant details, in each case?
Reply:
The Minister of Public Works and Infrastructure
(1) (a) I have been informed by the Department that the Identification of Work (IDoW) Policy Framework was developed and gazetted by SACAP on 30 April 2021.
(b) The IDoW Policy Framework is completed.
(2) (a) Yes, the IDoW is the overarching policy on identification of work for the architectural professions.
The Memorandum of Understanding (MoU) forms the basis for the interaction between the SACAP and the Competition Commission and establishes the parameters within which the two parties will interact with each other to exercise their respective functions with regards to competition matters that may arise in the architectural profession. The MoU also makes provision for consultations annually on any proposed changes to the IDoW to ensure that its provisions are pro-competitive and does not contravene any sections or objectives of the Competition Act.
(3) (a)Yes, the identification of work is intended protect registered members of SACAP, as well as the clients that use the services of persons practicing in the profession, and the public in general. This is in line with Section 14 (j) of the Architectural Profession Act (Act No. of 2000), which enjoins the Council to take the necessary steps to safeguard public health and safety.
(b) The IDoW is not necessarily a benchmarking tool for Guidelines on Professional Fees. These are published in terms of section 34 of the Architectural Profession Act. Section 34 of the Act mandates the Council to, annually, after consultation with the voluntary associations, determine guideline professional fees and publish those fees in the gazette. The latest Guidelines on Professional Fees were published in the gazette on 26 November 2021.