Zimbabwe
Engineering Council Act
Chapter 27:22
- Commenced on 15 June 2009
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title and date of commencement
2. Interpretation
In this Act—“by-laws” means by by-laws made in terms of section 38;“constituent body” means an institute, institution, body or federation established by engineers or technicians or both to promote their collective professional interests in one or more of the engineering disciplines defined in the First Schedule, which is declared to be a constituent body of the Council in terms of section 3(5)(a);“Council” means the Engineering Council of Zimbabwe established by section 4;“engineer” means a practitioner of any one or more of the engineering disciplines defined in the First Schedule who is entitled to call himself or herself an engineer by virtue of—(a)holding such university or college degree or other qualification and having such relevant experience as are recognised by the relevant constituent body for the purposes of the engineering discipline or disciplines of which he or she is a practitioner; or(b)being, at the date of commencement of this Act, a fellow or member of the appropriate grade in good standing of the Zimbabwe Institution of Engineers;“engineering profession” means the body of persons in Zimbabwe engaged as engineers or technicians in any one or more of the engineering disciplines defined in the First Schedule;“engineering work” means the practice, whether as an engineer or technician, of any one or more of the engineering disciplines defined in the First Schedule to a prescribed standard or level;“financial year”, in relation to the Council, means the financial year referred to in section 10;“holder”, in relation to a practising certificate, means the person to whom the practising certificate is issued;“member” means the chairperson or any other member of the Council;“Minister” means the Minister of Local Government, Public Works and Urban Development or any other Minister to whom the President may from time to time assign the administration of this Act;“practise as an engineer or technician” means perform any engineering work;“prescribe” means prescribe in terms of regulations made under section 37, by-laws made under section 38 or rules made under section 39, which ever is appropriate to the context;“Register” means the Register of Engineers and Technicians established in terms of section 14(1), and includes any sub-register referred to in the proviso to section 14(1);“secretary” means the person appointed as secretary to the Council under section 8;“technician” means a junior or assistant engineer, that is, a junior or assistant practitioner of any one or more of the engineering disciplines defined in the First Schedule, who is entitled to call himself or herself a technician by virtue of—(a)holding such college diploma or other qualification and having such relevant experience as are recognised by the relevant constituent body for the purposes of the engineering discipline or disciplines of which he or she is a practitioner; or(b)being, at the date of commencement of this Act, a fellow or member in good standing of the Zimbabwe Institution of Engineers;“temporary register” means the temporary register of engineers and technicians established in terms of section 14(2);“Zimbabwe Institution of Engineers” means the Zimbabwe Institution of Engineers established under the Zimbabwe Institution of Engineers (Private) Act [Chapter 27:16].3. Constituent bodies
Part II – Engineering Council of Zimbabwe
4. Establishment of Engineering Council of Zimbabwe
5. Functions of Council
6. Membership and meetings of Council
7. Chairperson and vice-chairperson of Council
8. Secretary and other staff of Council
The Council shall appoint a secretary and such members of staff as will enable the Council to carry out its functions in terms of this Act.9. Funds of Council
The funds of the Council shall consist of—10. Financial year of Council
The financial year of the Council shall be the period of twelve months ending on the 31st December in each year or on such other date as may be prescribed in by laws.11. Accounts of Council and audit of accounts
12. Annual reports and financial statements of Council
13. Minister’s right to investigate
Part III – Register and registration
14. Register of Engineers and Technicians
15. Register to be open to Inspection
Any person may inspect the Register and make copies of any entry therein at all reasonable times on payment of such fee as may be prescribed:Provided that no such fee shall be payable by a police officer or member of the Public Service acting in the course of his or her duty as such.16. Qualification for registration
17. Temporary registration
18. Application for registration
19. Registration
20. Cancellation or suspension of registration
21. Restoration of registration
The Council shall direct the secretary to restore to the register the name of a person whose registration was cancelled in terms of section 20(1)(a), if a constituent body notifies the Council, in writing, that the person has become a member of the body or has had his or her membership restored.Part IV – Practising certificates
22. Prohibition against practice by unregistered persons or without practising certificate
23. Application for practising certificate
A person who wishes to obtain a practising certificate shall apply to the Council in the form and manner prescribed, and shall submit with his or her application such fee, certificates, documents and information as may be prescribed.24. Issue or refusal of practising certificate
On receipt of an application for a practising certificate in terms of section 23, the Council shall issue a practising certificate to the applicant authorising him or her to practise as an engineer or technician if the Council is satisfied that the applicant—25. Period of validity of practising certificate
26. Terms and conditions of practising certificate
27. Withdrawal of practising certificate
If, after due inquiry, the Council is satisfied that an engineer or technician has not complied with any term or condition of a practising certificate held by him or her, the Council may withdraw the practising certificate, whether indefinitely or for a specified period, and if it does so, the secretary shall advise the engineer or technician accordingly.28. Surrender of withdrawn or invalid practising certificate
Part V – Discipline
29. Disciplinary proceedings
Each constituent body shall be responsible for the professional conduct of its members who are registered persons and, for that purpose, each constituent body shall have power, in accordance with this Act, any other enactment or its constitution, as the case may be, to undertake disciplinary proceedings against such members and to punish them for breaches of the rules referred to in section 39(1)(b).30. Review of disciplinary proceedings
31. Appeal to Council against disciplinary action
Part VI – General
32. Use of certain designations
33. Offences by unregistered persons and those employing them
34. Exemptions
Notwithstanding anything to the contrary contained in section 22, it shall be lawful for anyone in the full time employment of—35. Appeals from decisions of Council
36. Evidence
37. Regulatory Powers
38. By-laws of Council
39. Rules by constituent bodies
40. Amendment of First Schedule
On the recommendation of the Council, the Minister may by statutory instrument amend the First Schedule by adding, deleting or substituting any engineering discipline therein.41. Transitional provisions and savings
Part VII – Amendment of Cap. 27:16
43. Amendment of Cap. 27:16
The Zimbabwe Institution of Engineers (Private) Act [Chapter 27:16] is amended—History of this document
31 December 2016 this version
Consolidation
15 June 2009
Commenced