Agrement South Africa Act, 2015 (Act No. 11 of 2015)5. Powers and duties |
| (1) | In order to achieve its objects, Agrément South Africa may exercise the power to— |
| (a) | assess and, if satisfied, certify the fitness-for-purpose of a non-standardised construction related product or system; |
| (b) | issue, amend, suspend, reinstate, withdraw or renew an Agrément Certificate; |
| (c) | enter into an agreement with a person, entity or organ of state, whose services are required to achieve an object or perform a function of Agrément South Africa or the Board; |
| (d) | provide services in relation to the objects of Agrément South Africa to a person, entity or organ of state; and |
| (e) | exercise any other power as may be prescribed or necessary to achieve the objects of Agrément South Africa. |
| (2) | In order to achieve its objects Agrément South Africa has the duty to— |
| (a) | create appropriate structures to execute its executive and operational functions; |
| (b) | develop any rules, processes, procedures, criteria or guidelines necessary to achieve the objects of Agrément South Africa and the execution of its duties; |
| (c) | monitor and evaluate the quality management systems of a certified construction related product or system, in its manufacture, application, installation or erection processes; |
| (d) | communicate relevant information to stakeholders in respect of the technical, socio-economic and regulatory aspects of a non-standardised construction related product or system certified by Agrément South Africa; |
| (e) | support and promote the introduction and use of certified non-standardised construction related products or systems in the local or international market; |
| (f) | establish and maintain international links with peer organizations; |
| (g) | open and operate a banking account in the name of Agrément South Africa; and |
| (h) | encourage research and development of non-standardised construction related products or systems. |
| (3) | Agrément South Africa may— |
| (a) | acquire or dispose of property or a right in respect thereof, but immovable property must be acquired or disposed of with the prior written consent of the Minister; |
| (b) | invest its funds not immediately required; |
| (c) | insure Agrément South Africa against any— |
| (i) | loss, damage or risk; or |
| (ii) | liability it may incur in the application of this Act; |
| (d) | institute or defend legal action; |
| (e) | determine, charge and collect fees for any services rendered, product and document produced; |
| (f) | charge interest in respect of money due to it from the day after such money becomes due and payable; and |
| (g) | grant a person, entity or organ of state an exemption from the payment of any fee, or a portion thereof. |
| (4) | The powers and duties of Agrément South Africa must be exercised and performed impartially and without undue influence. |