Order! I would like to take this opportunity to welcome the hon the Minister of Public Works and call upon him to address the House.
Chairperson, hon members and comrades, today's assembly of the National Council of Provinces will mark a turning point in the history and development of the built environment professions. It marks both the end of a policy-making process and the beginning of a process to retool the professions.
The process started in 1994 with the appointment of a built environment forum to review the regulation of the professions that are active within the built environment. The legislation before us embodies all the work that has flowed from the initial appointment. The passage of this historic legislation will enable us to mobilise the significant resources embodied within our professions, in order to meet the challenges of our emerging democracy and infrastructure delivery in all our provinces. This is particularly important in view of Government's commitment to increased funding for both infrastructure and maintenance, a commitment confirmed by the R8 billion allocation announced by my colleague the Minister of Finance in his Budget Review on Monday.
The review undertaken by the built environment forum identified a number of deficiencies in the existing regulation. The seven Bills before the House aim to overcome these deficiencies, create a framework for the ongoing transformation and development of the professions and maximise the contribution of the professions to the social and economic challenges that are at the core of Government's delivery and development commitment.
The first Bill establishes an overarching Council for the Built Environment in order to ensure co-ordination with Government and between the different professions. Four of the Bills re-enact the laws on the existing professional councils for engineers, architects, quantity surveyors and property valuers, all of which are currently administered by the Department of Public Works. The remaining two Bills establish new councils for two professions, that is project and construction management and landscape architects.
Professional expertise in our country is a national asset and should be managed as a scarce resource of high value. The intrinsic value of the built environment professions lies in their essential role and function in social and economic development. The enabling legislation before members today seeks to promote this potential and unlock the creativity of our professions for the improvement of the quality of life of all South Africans. Members should pardon my voice, I am in trouble today.
Previous government policy limited the role of the professions to the service of an elite and subordinated it to the agenda of segregation that has degraded our built environment, an environment which today is a physical barrier to our objective of nation-building. In a society in which blacks were to remain poor and subordinate, there was never a need to consider access by the majority of the population to basic infrastructure, let alone to adequate professional services.
Bantu education and job reservation also ensured that blacks would never enter professions such as architecture and engineering, let alone project management. It is in this context that all key public and private sector stakeholders came together in the built environment forum in order to oversee and engage in a comprehensive study called the Investigation into the Statutory Regulation of the Professions Active in the Built Environment in South Africa. This report, commissioned by the Department of Public Works and undertaken by the Human Sciences Research Council, informed the policy that underpins our new legislation and that has engaged the full participation of stakeholders. Because of the significance of the professions as an essential asset in our development agenda, it is important that I highlight the extent of our investigation and the care that we have taken in finalising Government policy and draft legislation.
Invitations for submissions were sent to 228 stakeholder organisations. A total of 88 submissions were received and analysed. Requests for information were sent to 116 organisations in 23 countries. An analysis of preliminary results was presented and debated at five meetings of the forum. With regard to policy and draft legislation, the debates of the forum informed the final report and provided the basis for the policy framework that was approved by all key stakeholders last year.
The draft Bills were individually discussed with the relevant professions. In July 1999 we published the policy framework and the draft legislation for public comment. Public hearings were conducted and the constructive co- operation of all political parties made it possible for the portfolio committee and the select committee of the NCOP to effect meaningful improvements to the Bills. This enabled the National Assembly to approve the legislation on 29 September this year.
I will now address the intentions of the 7 Bills, the shortcomings they aim to overcome and the principles that have guided the finalisation of this legislation.
Some of the shortcomings in the inherited regulatory system of the past included the following: the independent and isolated operation of the existing councils for the professions; inconsistencies in the execution of the core functions of the different statutory councils; lack of proper co- ordination between the different professions with respect to national development priorities; insufficient and, in some cases, no recognition of different categories of professions; inability to respond to innovation and to recognise new professions; exclusive governance by registered professionals as manifested in their representation on the council; and lack of transparency, particularly in regard to the disciplinary procedures against registered professionals.
This enabling legislation before the House addresses these shortcomings while maintaining the strength of the existing legislation. It creates a framework for the ongoing transformation and development of the professions and structured co-ordination and improved accountability to the public. The new Council for the Built Environment will advise Government on matters impacting on the built environment as a whole, and will act as a vehicle of communication between Government and the professions. It will enable the recognition of new professions and promote registration of different categories within a profession, effectively opening up the professions to wider access. It will also ensure consistent application by the different councils of policy and principles in relation to matters that they already regulate, such as identification of work that requires the competence of a specific profession and the ensuring professional standards, health and safety and the protection of the public; accreditation of professional training programmes and institutions; registration of professionals; establishment of a code of conduct and disciplinary procedures for members of the respective professions; and, finally, establishment of guidelines on appropriate fee structures.
It will further promote a range of new priorities, and will also act as an appeal body for affected professionals, as well as for aggrieved members of the public. The councils for each of the six professions will register professionals in a manner that promotes technical and ethical standards, competence and performance, including the principle of continual professional development.
They will promote increased recognition of our professions, regionally and internationally. In keeping with the precepts of our democracy, the need for transparency and for people-centred development, the new legislation opens up the professions to the public. It promotes partnership through representation by the professions, the state and the public on the principle of a 60:20 proportional representation. It further requires representation in terms of race, gender, disability and regional distribution.
Recognition of the different categories of the professions will enable greater access to professional service by the public. Linked to the required recognition of prior learning, the legislation creates new opportunities for access and career path development within each profession. In response to the request of certain of the professions, we have moved boldly to establish new councils for landscape architects, as well as for project and construction management. We are convinced that this will indeed promote enhanced delivery, promote value for money for public and private sector clients and promote our socioeconomic objectives.
In conclusion, I would like to thank the Select Committee on Public Services, the department's drafting team, and all the stakeholders, for bringing to fruition this exciting product embodied in this legislation before us. Their effort has ensured that the Bills before the House will genuinely promote the growth and development of the built environment professions to the benefit of all South Africans. [Applause.]
Chairperson, it is with pride and joy that I inform this House that the select committee unanimously supported the passage of these Bills, which we have named the ``Magnificent Seven''. [Laughter.]
We wish to congratulate the hon the Minister and her department on the thoroughness with which the draft Bills were prepared. If a leader demonstrates competency, genuine concern for others and is of admirable character, people will follow. I say well done to the hon the Minister.
The select committee has also reviewed the amendments introduced by the portfolio committee after public hearings, and is of the view that these amendments strengthen the spirit and effectiveness of the legislation. The ``Magnificent Seven'' Bills provide an integrated framework for the regulation of the built environment professions, and for advancing their role in the delivery of basic infrastructure to South Africa's majority population. Our people have been longing for such legislation. It is, therefore, true that to understand one's parents' love, one should have one's own child. [Laughter.]
What does the Council for the Built Environment Bill entail? This piece of legislation recognises the fact that our country produces professionals of the highest calibre, who are internationally recognised and competitive. It will ensure that these standards and competitiveness are further sharpened. There is a saying which goes: ``Do not pray unless you believe God will answer.'' This piece of legislation proves that our people's prayers have been answered.
The new councils for the various professions must address the responsibility of the professions to society. Today our country needs built environment professionals of outstanding social conscience to creatively apply their technical and management skills to the task of transforming the built environment in South African society.
Let us remind ourselves of some of the RDP principles that the new legislation will promote. Yes, it is true, great minds have purpose, while others have wishes. [Laughter.] This is because in the race to be better or the best one must not forget to enjoy the journey.
These principles emphasise specifically the need for greater accessibility to the professions. The majority of our people have not been able to access some of these professions. By recognising and promoting different categories of professional competence, the new legislation will enable access to affordable services. Another function of this Council for the Built Environment will be to support an integrated and sustainable approach to development by the professions.
The legislation before us also includes the criteria for representation on the council which will reflect gender, race and disability. The role of the Council for the Built Environment must not be viewed as merely one of co- ordination. It must provide strategic leadership to all the councils for the built environment professions. No one can make one feel inferior without one's consent.
The Council for the Built Environment will, as said by the hon the Minister, ensure uniform application of all policy by the various councils, promote continual development of professions and their images, promote improved public protection, recognise new professions and promote national objectives.
The ``Magnificent Seven'' Bills promote transparency and accountability, high technical and moral standards, health, safety and environmental protection. They provide a framework within which the professions can maximise their role in social and economic development activity, which must be addressed. They will also deal with the legacy of a built environment that has been grossly distorted by the planning of the previous regime.
I am able to say everything I have just said because of the dedication and preparedness of my colleagues, who are the select committee members. I would like to thank them, because they pushed so hard for us to be where we are today. As we all know, business is like a wheelbarrow - nothing ever happens until one starts pushing. [Laughter.] They are not like critics who know the way but cannot drive.
I have said enough. It is now time for me to sit down and listen, because big, mature and seasoned people monopolise the listening, while small and inexperienced people monopolise the talking.
I say well done to the hon the Minister. We support the Bill. [Laughter.] [Applause.]
Order! The next member to speak is Dr P J C Nel. I do not know whether he is a ``small'' member to be listened to. The floor is his.
Mnr die Voorsitter, ons het hier te doen met twee stelle wetsontwerpe wat die Nuwe NP in beginsel steun. Die eerste sluit wetsontwerp 16B in, wat dit ten doel het om die Raad vir die Bouomgewing in plek te stel om sodoende te verseker dat die toepassing van die beleid op 'n gelyke basis regdeur die verskillende professies, wat gesamentlik 'n belangrike bydrae lewer in die bouomgewing, wel geskied.
Die tweede stel wetsontwerpe het dit ten doel om die verskillende beroepe te orden deur die instelling van rade vir die onderskeie beroepe. So maak dit ook onder andere voorsiening vir die instelling van 'n raad vir die projek- en konstruksiebestuursbedryf. Verskillende instansies het die openbare verhore bygewoon en skriftelike bydraes gelewer. Sommige het sinvolle wysigings voorgestel, veral met betrekking tot die onderskeie professies. So byvoorbeeld het die Raad vir Ingenieurs van Suid-Afrika en die SA Instituut van Siviele Ingenieurs hulle kommer uitgespreek oor die vereiste in die wetsontwerp dat hul lede nou van vooraf moet registreer as projekbestuurders, en dit wel nadat bewys gelewer is van bekwaamheid en ondervinding.
Hulle is van mening dat dit nie 'n beroep op sy eie is nie en dat die projek- en konstruksiebestuur deel uitmaak van die funksies wat ingenieurs uitoefen en dat hulle wel bekwaam is om dit te doen. Die opleiding van 'n ingenieur behels 'n sewe jaar lange kursus op universiteit en drie jaar praktiese opleiding. Projek- en konstruksiebestuur maak 'n integrale deel uit van die voorgraadse studies in die vierde studiejaar. Dit is 'n vereiste dat gegradueerde ingenieurs eers praktiese ervaring van projekbestuur moet opdoen voordat hulle mag registreer.
Vergelyk 'n mens dit met 50 diplomakursusse vir projekbestuurders wat deur sekere instansies aangebied word en geadverteer word in sekere tydskrifte, dan kan 'n mens nie anders nie as om saam te stem met die SA Raad vir Ingenieurswese dat die instelling van hierdie spesifieke raad vir hierdie professie prematuur is. Die nuwe NP steun dus die twee stelle wetsontwerpe, maar ons versoek die Minister om weer die betrokke professies te raadpleeg alvorens hierdie spesifieke raad ingestel word. [Applous.] (Translation of Afrikaans speech follows.)
[Dr P J C NEL: Mr Chairman, we are dealing here with two sets of Bills that the NP supports in principle. The first set includes Bill 16B, which has as its objective to establish the Council for the Built Environment in order to ensure that the application of the policy in fact takes place on an equal basis throughout the various professions, which collectively make an important contribution to the built environment.
The second set of Bills has as objective to order the various professions by introducing councils for the respective professions. It also provides, inter alia, for the introduction of a council for the project and construction management industry.
Various institutions attended the public hearings and made written contributions. Some proposed meaningful amendments relating specifically to the various professions. The Engineering Council of South Africa and the SA Institute of Civil Engineers conveyed their concern about the requirement in the Bill that their members must now register them as project managers and in fact after providing proof of competence and experience.
They are of the view that it is not an independent profession and that project and construction management comprise part of the functions that engineers perform and that they are competent to do so. The training of an engineer entails a seven-year university course and three years of practical training. Project and construction management forms an integral part of fourth-year undergraduate studies. It is a requirement that graduate engineers must first acquire practical experience of project management before they may register.
When one compares this with the 50 diploma courses for project managers that are offered by certain institutions and that are advertised in certain magazines one cannot but agree with the Engineering Council of South Africa that the introduction of this specific council for this profession is premature. The New NP therefore supports the two sets of Bills, but we request the Minister to consult the professions again before establishing this specific council. [Applause.]]
Chairperson, hon Minister, colleagues, the establishment of the SA Council for the Project and Construction Management Professions, like all other councils in this cluster, is a concerted undertaking to ensure that South African professionals become worthy and competitive participants in the built environment in Africa and globally.
Its prime objective is to democratically entrench the principles of substantive equality. In other words, its most profound accomplishment is that it obliterates exclusionism. Hence indigenous design coupled with environmental protection are built-in requirements.
The Bill also promotes a certain type of versatility to the extent that in an ever-changing environment new disciplines are assimilated without much hassle. The Bill goes on to promote the principles of self-regulation to the extent that it provides for greater dialogue between the various professions, the public, the Government and the rest of the world. As long as education remains a central issue, its legitimacy cannot be disputed.
This Bill is an embodiment of the principles and objectives of the African Renaissance, ensuring that we become a winning nation, not only continentally, but also globally. The ANC supports the Bill.
Chairperson, I want to thank the hon members for their support for this particular Bill. I want to assure the hon member of the New NP that it has always been the policy of our department to consult broadly, as we did when we dealt with the Bill. We want to ensure that even as we look for board members, we look at a wide spectrum of people in order to make the board as inclusive as possible.
But experience has shown clearly that, even if people are qualified engineers, there is a need now to have people who in their own right are project managers. This response shows clearly that hon members are moving with the times and that they are all caught up in the spirit of democracy prevailing in the country. [Applause.]
Debate concluded.
Council for the Built Environment Bill agreed to in accordance with section 75 of the Constitution.
Architectural Profession Bill agreed to in accordance with section 75 of the Constitution.
Landscape Architectural Profession Bill agreed to in accordance with section 75 of the Constitution.
Engineering Profession Bill agreed to in accordance with section 75 of the Constitution.
Property Valuers Profession Bill agreed to in accordance with section 75 of the Constitution.
Project and Construction Management Professions Bill agreed to in accordance with section 75 of the Constitution.
Quantity Surveying Profession Bill agreed to in accordance with section 75 of the Constitution.