|LCS Health and Safety Legal update (Published on 2014-11-25)|
|Invitation for comments: Application for exemptions by the Engineering Council of SA (Published on 2014-07-01)|
Clarification for ICMEESA members of requests from the Competition Commission
1. In terms of the Engineering Profession Acct, 2000 (Act No. 46 of 2000) ECSA is tasked to draw up 1. Guideline Fees for Professional Services and 2. Identify Engineering Work (IDoEW which is to be reserved for registered Engineering Practitioners.
2. The guideline fees are drawn up by ECSA annually. “The Fee Guidelines, even if used as guidelines only, could be in contravention of the provisions of Chapter 2 of the Competition Act. On that basis, ECSA has applied for an exemption in terms of Schedule 1 of the Competition Act.” Registered practitioners are now given the opportunity to either agree with this application for exemption, or not.
3. ECSA has drawn up the regulations for the IDoEW and submitted those to the CBE for approval on 17 March 2014 and submission to the Competition Commission. “By identifying work for different registration categories, ECSA’s IDoEW rules may result in substantial lessening of competition in contravention of provisions of Chapter 2 of the Act. On that basis, the CBE and/or ECSA have applied for an exemption in terms of Schedule 1 of the Competition Act.” Registered practitioners are now given the opportunity to either agree with the application for exemption, or not.
4. ICMEESA supports the application for exemption and therefor advise individual members who are registered with ECSA to indicate their support for both applications for exemption.
REASONS FOR SUPPORTING THE APPLICATIONS FOR EXEMPTION
1. The Engineering Profession Act, 2000 (Act No. 46 of 2000) prescribe the preparation of Guideline Fees and the Identification of Engineering Work.
2. ICMEESA took part in the development of the IDoEW Regulations by ECSA.
3. Guideline Fees and IDoEW will contribute to the regulation of the Engineering Profession in South Africa.
4. Guideline Fees and IDoEW are common practice globally in the Engineering Profession as well as all other professions, in particular the Built Environment Professions both locally and globally.
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