The Council has been empowered with the following:

Appointment of investigation committee

The Council shall appoint an investigation committee consisting of at least five members who are registered professional architects, engineers, quantity surveyors or allied professionals with professional experience of at least 5 years and who are not members of the Council.

Complaints Against Registered Members

Any complaint concerning –

  1. the conviction of a registered professional architect, engineer, quantity surveyor or allied professional of any offence involving fraud, dishonesty or implying a defect in character which makes the professional architect, engineer, quantity surveyor or allied professional unfit for their profession;
  2. any improper act or conduct of a registered professional architect, engineer, quantity surveyor or allied professional in their professional capacity which brings the profession into disrepute;
  3. any contravention by a registered professional architect, engineer, quantity surveyor or allied professional of any provision of the prescribed code of professional conduct and ethics;
  4. the ability of a registered professional architect, engineer, quantity surveyor or allied professional to carry out the duties of a professional architect, engineer, quantity surveyor or allied professional effectively in Swaziland.
  5. shall be made to the Council in writing and shall be supported by any evidence that the Council may require.

Review of Complaints

The Council shall, upon receiving any complaint refer the complaint to the Registrar for review.

The Council may, on its own, refer any information concerning any improper or dishonourable act or conduct of a registered professional architect, engineer, quantity surveyor or allied professional to the Registrar for review.

The registrar –

  1. shall review the complaint or information referred to the registrar for the purpose of determining if there are sufficient merits to warrant the institution of disciplinary proceedings and;
  2. may, for the purpose of conducting the review, enlist the assistance of any registered professional as the case may be, on the investigation committee.

In conducting a review under this section, the registrar may require the complainant, if any or the registered professional architect, engineer, quantity surveyor or allied professional concerned to answer any question or to furnish any document or information that the registrar considers relevant for the purpose of the review.

Appointment of Disciplinary Committee

The Council may, from time to time, appoint one or more Disciplinary Committees comprising –

  1. a chairperson who is a member of the Council;
  2. a member of the investigation committee who is an architect;
  3. a member of the investigation committee who is an engineer;
  4. a member of the investigation committee who is a quantity surveyor;
  5. a member of the investigation committee who is an allied professional.

to inquire into any complaint received by the Council.

Powers and procedure of Disciplinary Committee

For the purposes of an inquiry, a Disciplinary Committee may require any person –

  1. to attend at a specified time and place and give evidence before the Disciplinary Committee; and
  2. to produce all books, documents and papers in the custody of that person or under the control of that person which may be related to or connected with the subject matter of the inquiry.

(2) Any person who, without lawful excuse –

  1. refuses to answer or gives a false answer to any question put to that person by a member of the Disciplinary Committee,

commits an offence and is liable, on conviction, to a fine not exceeding Ten Thousand Emalangeni or to imprisonment for a term not exceeding three months or to both.

(3) A Disciplinary Committee shall have power to regulate its own procedure at an inquiry.

(4) A Disciplinary Committee shall complete its inquiry not later than three months from the date which the matter to be inquired into is referred to it, unless the Council, on application by the Disciplinary Committee, allows otherwise.

Findings of Disciplinary Committee

The Disciplinary Committee shall, at the end of an inquiry into any complaint or information, report its findings to the Council and recommend the Council to do any of the following –

  1. order that the complaint or information be dismissed;
  2. order that the registered professional be issued with a letter of warning;
  3. make any other order that the Disciplinary Committee considers appropriate.

Decisions of Council

The Council may, upon receiving the findings and recommendation of the Disciplinary Committee –

  1. accept the recommendation and make the recommended order;
  2. refer the matter back to the Disciplinary Committee for further inquiry or;
  3. make sure any other order that the Council considers fit.

Application of Fees Received by Council

All fees payable under this Act shall be paid to the Council and be applied to defray expenses of registration and other expenses of the administration of this Act, including any expenses of the Council that may be allowed under the regulations and thereafter to provide scholarships and promoting learning and education in architecture, engineering, quantity surveying, evaluating, environmental management, construction management, project management or town planning.

Penalty for Will-ful Falsification of Register

The Penalties here also include Wrongfully Procuring Registration by any person who –

  1. will-fully makes or causes to be made any entry in or falsification of any register kept and maintained under this Act;
  2. will-fully procures or attempts to procure for that person or any other person a practicing certificate or to be registered as a professional architect, engineer, quantity surveyor or allied professional under this Act,
  3. by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing or by intentionally suppressing any material fact and furnishing information which is misleading; or
  4. knowingly aids or assists in any of the acts mentioned in paragraph (1) or (2);

commits an offence and is liable, on conviction to a fine not exceeding One Hundred Thousand Emalangeni or imprisonment for a term not exceeding six months or to both.