ARCHITECTS ACT (CHAPTER 27:01)

 CHAPTER 27:01

ARCHITECTS ACT

Acts 29/1981 (s. 59), 31/1983 (s. 19), 8/1988, 9/1999 (s. 82), 22/2001 (s. 4); R.G.N 1135/1975; S.I. 362/1980.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

ARCHITECTSCOUNCIL OFZIMBABWE

3. Establishment of Architects Council of Zimbabwe.
4. Composition of Council.
5. Functions, powers and expenses of Council.
6. Tenure and conditions of office of members.
7. Appointment of members on failure to elect members.
8. Disqualification for appointment or election as member.
9. Vacation of office.
10. Minister may require member to vacate office or suspend him.
11. Filling of vacancies on Council.
12. Alternate members.
13. Chairman and vice-chairman of Council.
14. Meetings and decisions of Council.
15. Committees of Council.
16. Validity of decisions and acts of Council.
17. Funds and accounts of Council.
18. Reports to Minister.

PART III

REGISTRAR, REGISTER ANDREGISTRATION

19. Registrar of Architects and other employees.
21. Duties of Registrar and certificates of registration.
22. Offences in connection with Register, etc.
23. Register and certificates from Registrar to be evidence.
24. Return of certificate of registration.
25. Qualification for registration.
26. Procedure for registration.
27. Temporary registration.
28. Erasures from Register.
29. Restoration to Register.
30. Appeals against refusal to register or erasure from Register.

PART IV

DISCIPLINARYAND OTHER INQUIRIES

31. Inquiries by Council.
32. Exercise of powers by Council after inquiry.
33. Exercise of disciplinary powers on conviction for offence: court to forward evidence.
34. Registered persons becoming unfit to practise.
35. Appeals to High Court.
36. Publication of result of disciplinary proceedings.
37. Improper or disgraceful conduct.

PART V

GENERAL

38. Publication of names of members.
39. Offences by unregistered or registered persons.
41. Regulatory powers.
42. Council not to be liable.
43. Recovery by Council of costs or penalty.
44. Burden of proof.

SCHEDULES

First Schedule: Powers of the Council.

Second Schedule: Persons Qualified for Registration. Third Schedule: Exempted Works.

AN ACT to establish a council for the profession of architecture, to be known as the Architects Council of Zimbabwe, and to provide for its functions and powers; to provide for the registration and regulation of the practice of architects in Zimbabwe; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st March, 1976.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Architects Act [Chapter 27:01].

                       2    Interpretation

In this Act—

“appointed day” means the 1st March, 1976;

“appointed member” means a member referred to in paragraph (a) of subsection (1) of section four;

“certificate of registration” means a certificate issued in terms of paragraph (a) of subsection (3) of section twenty-one or a duplicate certificate issued in terms of subsection (4) of that section;

“certificate of temporary registration” means a certificate issued in terms of subsection (2) of section twentyseven;

“Council” means the Architects Council of Zimbabwe established by section three;

“elected member” means a member referred to in paragraph (b) of subsection (1) of section four;

“improper or disgraceful conduct” means improper conduct or disgraceful conduct or conduct which, when regard is had to the profession of architecture, is improper or disgraceful, whether defined in by-laws referred to in paragraph (a) of subsection (1) of section thirty-seven or not;

“Institute” means the Institute of Architects of Zimbabwe as represented by its governing body;

“member” means a member of the Council;

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Register” means the Register of Architects established in terms of subsection (1) of section twenty;

“registered” means registered in the Register in terms of this Act;

“Registrar” means the Registrar of Architects appointed in terms of section nineteen;

“work of an architect” means—

• the designing of buildings or of additions thereto;
• the supervision of the work of constructing buildings or of additions thereto. PART II

ARCHITECTSCOUNCIL OF ZIMBABWE

                       3    Establishment of Architects Council of Zimbabwe

There is hereby established a council, to be known as the Architects Council of Zimbabwe, which shall be a body corporate and shall, in its corporate name, be capable of suing and being sued and, subject to the provisions of this Act, of performing all such acts as bodies corporate may by law perform.

                       4    Composition of Council

(1) The Council shall consist of eleven members, of whom—

• two shall be appointed by the Minister; and
• nine shall, subject to the provisions of this Part, be elected by the Institute.

(2) If at any time the Minister is satisfied that the Institute—

• has ceased to exist, the Minister shall, by statutory instrument, declare that all of the members; or
• has ceased to be sufficiently representative of registered architects, the Minister may, by statutory instrument, direct that one or more of the members; referred to in paragraph (b) of subsection (1) shall be elected by registered architects in the manner prescribed by the Minister and thereafter any reference in this Part to the Institute, in relation to the election of members or alternate members, shall be construed as a reference to or as including a reference to, as the case may be, registered architects.

(3) The Minister may at any time, by statutory instument, amend or withdraw a notice published in terms of subsection (2).