Part III

Registration of Graduate and Professionals

1. Registration of Candidate or Professional Architects, Engineers, Quantity Surveyors and Allied Professionals.
   (1) A person wishing to be registered as acandidateor professional architect, engineer,  surveyor or allied professional shall lodge an application with the Registrar in accordance with the prescribed form in the respective Schedule. (2) The application shall be accompanied by – (a) certified copies of proof of qualifications; (b) a certified copy of identity card or document; (c)  proof of payment of the application fee; and (d)  proof of membership of a recognized relevant professional association. (3)    Upon receipt of the application the Registrar shall assess it for completeness and shall, if, – (a) the application is complete, pass it on to the Council for         evaluation and decision; or (b)    the application is incomplete, return it to the applicant for completion of   the uncompleted parts. (4)  In the case of a candidate applicant, the Council shall particularly evaluate the academic qualifications of the applicant with a view to ascertain if – (a) the qualification was obtained from a recognized learning institution; and (b) the applicant is sufficiently qualified for the registration applied for. (5) In the case of a professional applicant, the Council shall in addition to the valuation in terms of sub-regulation (4), satisfy itself that – (a) the applicant has obtained the necessary professional training and experience; and (b) has sat for and passed any required professional assessment by AESAP. (6)  On confirmation by the Council that the qualifications of the applicant meet the requirements of the Act and these Regulations, the application shall be endorsed accordingly and returned to the Registrar who shall register the applicant in the appropriate register. (7) The Registrar shall thereafter advise the applicant in writing of the result of the application. (8)  If the application is successful, a certificate of registration shall be prepared and forwarded to the applicant as soon as possible.(9) An application for registration shall be evaluated in accordance with the registration criteria, guidelines and demarcation of scope of works as set out in the Schedules.
2. Applicants with qualifications from unrecognized institutions.
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3. Registration as a technician.
   (1)   A person who wishes to be registered as a technician shall lodge an application in accordance with regulations 8 and that person may be required to sit for an exam before being registered in terms of regulation 11. (2) A person holding a bachelor of technology in architecture or architectural studies or bachelor of technology in engineering may only apply to be registered as a professional technologist.
4. Academic Qualifications.
   (1) The academic qualifications to be submitted by an applicant are specified in Part IV of the Act. (2) An applicant possessing other qualifications other than those specified in the Act shall be considered by the Council for the category applied for.  (3) The Council may require that academic qualifications be evaluated by a recognized body to determine their equivalence in SADC qualifications.
5. Refusal of Application for Registration.
   (1) The Council may refuse to register an applicant even if the applicant satisfies the registration requirements prescribed in  the Act and these Regulations  if that applicant falls within the category of persons described in Section 53(4) of the Act or -has been removed from an office of trust on account of improper conduct; has in the last seven (7) years been convicted of an offence related to construction in Swaziland or in a foreign country and was sentenced to imprisonment without the option of a fine, or, in the case of fraud, to a fine or imprisonment or both; is declared by the High Court to be of unsound mind or to be suffering from a mental disorder, or is detained under the Mental Health Order, 1978; or is disqualified from registration as a result of any punishment imposed on such applicant under the Act or these Regulations. (2) For purposes of sub-regulation (1) (b), the Council shall take cognizance of the prevailing circumstances in the foreign country relating to a conviction, before refusing the application. (3) Where the Council refuses an application, the Council shall inform the applicant in writing and state the reasons for such refusal. (4) Where the applicant is aggrieved by a decision of the Council, that applicant may appeal to the High Court within thirty (30) days of that decision.
6. Practising License.
   (1) A person registered as a professional architect, engineer, surveyor or allied professional shall be required to have an annual practising licence issued by the Council in addition to the registration certificate for that person to practice. (2)  A practising certificate issued in terms of sub regulation (1) shall be valid until the 31^st December of the year of issue notwithstanding the date of issue. (3)  An application for a practising certificate shall be made in the form prescribed in the respective Schedule and shall be accompanied by- (a) proof of payment of the prescribed fees; (b) a copy of applicant’s identity card or document;(c) proof of membership of a relevant association; (d) copies of proof of any additional relevant qualifications; and (e) any other documentation as the Council may deem necessary.
7. Renewal of Practising license.
   (1) An application for renewal of a practising license shall be made two (2) months   prior to the expiry of the current license. (2) Late applications for renewal shall attract such penalties as Council may determine and which shall relate to the length of the delay in making that application. (3)  A person who, without justifiable excuse, fails to renew a practising certificate with the Council for any period of time shall be required to pay a penalty of the due amount to the full period that such certificate was not renewed.
8. Temporary Registration.
   (1) An application for temporary registration shall be made in the form prescribed in the respective Schedule. (2)  An application in terms of sub-regulation (1) shall comply with all the requirements of Section 40 of the Act and shall be lodged with the Registrar who shall present it to the Council for consideration and decision.
9. Restriction of Practice Establishment.
   A person shall not establish an architectural, engineering, surveying or allied professional practice within Swaziland unless such person – (i) is a citizen of Swaziland or has been lawfully residing in Swaziland for a period of at least five (5) years; and (ii)  has a registration and a practising certificate issued by the Council.
10. Reciprocity.
    (1) Professionals from a jurisdiction recognizing professionals from Swaziland shall, subject to the Council being satisfied with their qualifications, receive reciprocal treatment and recognition in Swaziland. (2) A person wishing to practise as a professional from another jurisdiction in terms of sub regulation (1) shall, before commencing work, acquire a temporary registration certificate in terms of regulation 15.