Engineering Profession Act, 2000 (Act No. 46 of 2000)19. Registration |
| (1) |
| (a) | A person must apply, in the prescribed application form, to the council for registration in a category referred to in section 18(1). |
| (b) | The application form referred to in paragraph (a) must be accompanied by the prescribed fee. |
| (2) | The council must register the applicant in the relevant category and issue a registration certificate to the successful applicant in the prescribed form if, after consideration of an application, the council is satisfied that the applicant— |
| (a) | in the case of a person applying for registration as a professional— |
| (i) | has demonstrated his or her competence as measured against standards determined by the council for the relevant category of registration; and |
| (ii) | has passed any additional examinations that may be determined by the council; |
| (b) | in the case of a person applying for registration as a candidate or a candidate in a specified category, has satisfied the relevant educational outcomes determined by the council for this purpose, by— |
| (i) | having passed accredited or recognised examinations at any educational institution offering educational programmes in engineering; and |
| (ii) | having passed any other examination that may be determined by the council; or |
| (iii) | presenting evidence of prior learning in engineering. |
| (3) |
| (a) | Despite subsection (2), the council may refuse to register an applicant— |
| (i) | if the applicant has been removed from an office of trust on account of improper conduct; |
| (ii) | has been convicted of an offence in the Republic, other than an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; |
| (iii) | if the applicant has, subject to paragraph (b), been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; |
| (iv) | if the applicant is declared by the High Court to be of unsound mind or mentally disordered, or is detained under the Mental Health Act, 1973; |
| (v) | for as long as the applicant is disqualified from registration as a result of any punishment imposed on him or her under this Act; |
| (vi) | if the applicant is an unrehabilitated insolvent whose insolvency was caused by his or her negligence or incompetence in performing work falling within the scope of the category in respect of which he or she is applying for registration. |
| (b) | For the purposes of paragraph (a)(iii), the council must take cognisance of the prevailing circumstances in a foreign country relating to a conviction. |
| (c) | The council must provide the applicant with a notice of a refusal referred to in paragraph (a). |
| (4) | For the purposes of this section "prior learning" means the previous learning and experience of a learner, howsoever obtained, against the learning outcomes required for a specified qualification and the acceptance for the purposes of qualification of that which meets those requirements. |