IPI 410 Engineering Professionalism • Limits decision making to area of current

Semester test 1 summary competence

• Distinguishing boundaries of competence in
problem solving and design
Theme 1 – Introduction • Understanding the system of professional
development: CPD
1. Module basis
The candidate exhibits professionalism by the following: 2. Developing/Expanding Competence
(ELO 10) Post-graduate study or courses
• Aware of requirements to maintain continued participation in conferences
competence, keep abreast of up-to-date tools Publication of articles in peer reviewed publications
and techniques
• Understand system of professional 3. Decisions
development 3 steps:
• Accepts responsibility • Obtain information to understand the purpose
• Judgement in decision making during problem and circumstances
solving and design • Evaluate the information
• Limits decision making to area of current • Make the decision/judgement
competence The impact of the decision of daily life must be
• Make judgement on ethical aspects in case Recognised & Addressed
study context
• Discerns boundaries of competence in problem 4. Code of conduct
solving and design This is the definition of ethics as far as persons
registering with ECSA are concerned.
Range Statement:
Evidence includes case studies typical of engineering 5. CPD (Continuing professional development)
practice situations in which the graduate is likely to Acceptable continued professional development for prof
participate. engineers Defined by the prof engineers on the board of
ECSA
Four core areas of ELO 10:
• Competence in relation to professionalism and
CPD
• Accepting responsibility
• Judgement in decision making during problem
solving and design
• Knowledge of the Code of Conduct of registered
Persons
Core area of competence consists of:
• Continued maintenance of competence
• Keeping abreast of up to date tools and
technique
 Theme 2 – ECSA
1. A world without engineers...
Engineering as a science has played a predominant role
in contributing to improvement of human health, safety
and comfort.
2. What is a profession?
• “A profession is a learned calling which requires
advanced knowledge, understanding and
abilities gained from intensive and specialised
education, training and practical experience.”
• Members of a profession limit their activities to
their areas of knowledge and experience - serve
and protect the public
2.1 Structure of the engineering profession
• Section 22 Constitution of South Africa
• Every citizen has the right to choose their trade
• Council for the Built Environment Act, No 43 of
2000, is the overarching Council for six built
environment professions of which engineering
is one.
• Engineering Professions Act, No 46 of 2000
gives effect to regulating the Engineering
profession stated in constitution
• Recognised Learned Societies in Engineering
known as Voluntary Associations.
• Other Legislation - ECSA: A statutory body
created by Acts of 1968, 1990, 2000
2.2 Why regulate engineering?
• Protection of public
• Protection of the Engineering Profession
3. What is ECSA
• Statutory body established in terms of the
Engineering Professions Act, 46 of 2000 which
regulates the engineering profession in S.A
• Principle Focus: Public Safety, Health & Interest
through registration
• Sets and audits Academic & Professional
Development Standards
• Builds relationships internationally to achieve
international recognition - ECSA is signatory to
the Accords and Agreements
3.1 Mandate of ECSA
• Development of standards for engineering
education and professional competency
• Registration of engineering practitioners in
approved categories of registration that
demonstrate competency against set standards
& maintain a national register
• Development and enforcement of the Code of
Conduct
• Development of specialised categories of
registration
• Conduct accreditation visits to evaluate
engineering education programmes
• Investigation of complaints of improper conduct
• Recognise Voluntary Associations
• International agreements for the recognition of
educational programmes and registration
• Recommend to CBE the identification of the
type of work performed
• Determining conditions relating to Continuing
Education and Training/Continuing Professional
Development (CPD).
• Annually publish guidelines for professional fees
and scope of work
• Advise the Minister of Public Works or any
other Minister or CBE on matters relating
3.2 What engineering has in place
• Well established voluntary engineering
associations (VA’s) (100 years knowledge)
• ECSA as the regulator of the engineering
profession since 1969
• Strong engineering industry power house in
Africa
• High standards of engineering education
• International acceptance of SA engineering
qualifications accredited in terms of
Washington, Sydney and Dublin Accords
• High standard of assessment of training and
experience, which have been recognised
internationally in terms of four mutual
exemption agreements
3.3 ECSA’s Engineering family
Engineers, Certified Engineers, Engineering
Technologists, Engineering Technicians, Specified
Categories
4. Why register?
• Engineering Risk
➢ Engineering activity has potential
consequences and therefore must be
carried out responsibly and ethically
➢ Economically - Using available resources
efficiently
➢ Safeguarding health and safety
➢ In an environment sound and sustainable
way
➢ Managing risks throughout the entire life-
cycle of a system
• Peer recognition of Qualification and Experience
• Public confidence in professional competence
• Accept professional responsibility for the
engineering work
• International recognition
• Marketability in employment market
• Exclusive use of reserved Titles like Pr. Eng.
• Statutory Requirement
5. ECSA registration system
• Registration has moved from input based to
outcomes based
• Policy R-01-P defines two methods of
assessment (default method)
➢ Experience Appraisal (EA)
➢ Professional Review (PR)
• all disciplines will use a single method of
assessment
 • registration system is well documented in
various Policies, Standards, Guidelines and
Procedures as can be found on the website
• electronic system is being developed to
facilitate the Registration System
5.1 Registration documentation
• R-01-P Policy on Registration of Persons in
Professional Categories
• R-02-xx Competency Standard for Registration
(PE-Engineer; PT-Technologist; PN-Technician)
• R-03-xx Processing of Applications for
Registration (PE-Engineer; PT-Technologist; PN-
Technician)
• R-04-P Training and Mentoring Guide for
Professional Categories
• R-08-xx Guide to the Competency Standards for
Registration (PE-Engineer; PT-Technologist;
PNTechnician)
• R-05-DIS-xxx Discipline-Specific Training
Guidelines
• E-17-P Criteria and Processes for Recognition of
Educational Qualifications (all professional
categories)
• E-02-xx Accredited Program Standard (PE-
Engineer; PT-Technologist; PN-Technician)
6. ECSA professional competencies
(Five groups)
Group A: Engineering problem solving
• Outcome 1: Define, Investigate and Analyse
Complex Engineering Problems
• Outcome 2: Design or develop solution to
Complex Engineering Problems
• Outcome 3: Comprehend and apply Complex
Engineering knowledge: Principles, specialist
knowledge, jurisdictional and local knowledge.
Group B: Managing engineering activities
• Outcome 4: Manage part or all of one or more
Complex Engineering Activities
• Outcome 5: Communicate clearly with others in
the course of his or her Engineering activities
Group C: Impacts of engineering activity
• Outcome 6: Recognise and address the
reasonably foreseeable social, cultural and
environmental effects of Complex Engineering
Activities
• Outcome 7: Meet all legal and regulatory
requirements and protect the health and safety
of persons in the course of his or her Complex
Engineering activities.
Group D: Exercise judgement, take responsibility and
act ethically
• Outcome 8: Conduct Engineering activities
ethically
• Outcome 9: Exercise sound judgement in the
course of Complex Engineering Activities
• Outcome 10: Be responsible for making
decisions on part or all of Complex Engineering
Activities
Group E: Initial Professional Development (IPD)
• Outcome 11: Undertake Initial Professional
Development activities sufficient to maintain
and extend his or her competence.
6.1 How professional competencies fit together
7. Professional development model
7.1 Once graduated
• Register as a “Candidate” with ECSA
➢ To achieve registration in a candidate
category, an applicant must:
▪ Satisfy the relevant educational
outcomes determined by Council for
the Category
➢ All applications go through a “Qualification
Evaluation”
7.2 Professional registration
• Worldwide — Based on two requirements:
➢ Academic entry level qualification
▪ BSc(Eng)/BEng/BIng for the Engineer
▪ B Tech for the Technologist
▪ National Diploma in engineering for
Technician
• Three years of practical / technical post
qualification training of sufficient variety and at
the appropriate Engineering level for the
category of registration concerned
• Engineering Profession Act 46 of 2000 defines
registration as follows:
➢ To achieve registration in a professional
category, an applicant must:
▪ Satisfy the educational outcome as
defined for the related candidate
category
 ▪ Demonstrate competence against
standards determined by council for
the category
7.3 Training period
• Structured training programs are more effective
in gaining the relevant competencies at the
required level.
• Imperative that training programmes are well
developed, managed and implemented.
• International norms are that Candidates cannot
acquire the required competencies and each to
the required level in a shorter period than 3
years.
• It generally takes longer than three years to
acquire the necessary competencies, on
average 4-5 years.
• Spending time on a particular element of
training without a qualitative objective will not
ensure achievement of the required level of
competency for that level.
• An Employer with a signed Commitment and
Undertaking (C & U) with ECSA would have a
structured program in place with suitable
mentors
7.4 Developing professional competence
• During the post graduate period of training and
experience, candidate is in employment and
works with and under supervision of qualified
Engineering supervisors and mentors.
• Training process may involve structured
activities, including induction and training
courses on specific skills or technologies.
• Main learning process is through working with
competent Engineering personnel: therefore
develop a cordial relationship with your
supervisors and mentors.
• Candidate is under direct or indirect supervision
of an Engineering Professional.
• A mentor guides the candidate’s professional
development (with assistance of Engineering
supervisor).
7.5 Planning principles: Training programmes
• Two principles must be followed by supervisors
and mentors when planning training
programmes for candidates:
➢ A variety of work activities is necessary for
the proper development of a candidate.
Variety may be obtained at the various
stages in the life-cycle of an engineering
activity: conception, planning, design,
commissioning/construction,
implementation, operation and closure.
➢ Increasing responsibility and accountability
within the organisation must be imposed
on and accepted by the candidate until
he/she is capable of accepting professional
responsibility in making and executing
engineering decisions at the full
professional level.
7.6 Training progression
Expected training progression of a Candidate Engineer:
8. Conclusion
• ECSA is the custodian of the values and ethos of
the profession.
• As a registered professional in future you should
remember that the profession operates in a
global environment.
• ECSA are the regulators of the engineering
profession
• One of ECSA’s main objectives will always be to
uphold the integrity and dignity of the
profession
 Theme 3 – Rules of conduct for a registered
person
1. Origin
• Rules of Conduct for Registered Persons were
gazetted on 17 March 2017, Nr. 40691
• rules published fall within the Engineering
Profession Act, 2000 (Act No. 46 of 2000)
• This means it is regulatory, not optional.
2. Objectives
Objectives ->ensure that Registered Persons, in the
execution of their engineering work:
• 1. Apply their knowledge and skill in the
interests of the public and the environment;
• 2. Execute their work with integrity and in
accordance with generally accepted norms of
professional conduct;
• 3. Respect the interests of the public and
honour the standing of the profession;
• 4. Strive to improve their professional skills and
those of their subordinates;
• 5. Encourage excellence within the engineering
profession; and
• 6. Do not prejudice public health and safety.
3. Definitions
Code of Practice the following apply:
• “business undertaking”: means any business
enterprise or entity, joint venture, consortium,
association or any such organisation or entity;
• “Council”: means Engineering Council of South
Africa established by section 2 of the Act;
• “Information”: means engineering documents
and data produced or relied upon by the
Registered Person in the performance of work
that form a material part of the project records,
including design calculations and drawings,
whether electronic format or otherwise.
• “Registered Persons”: means persons
registered in terms of the Act;
• “the Act”: means the Engineering Profession
Act, 2000 (Act No. 46 of 2000)
• “work”: means any engineering work normally
carried out by Registered Persons in the
practice of their profession.
4. Rules of Conduct: Ethics
4.1 Competency [3(1)]
Registered Persons:
• 1. Must discharge their duties to their
employers, clients, associates and the public
with due care, skill and diligence.
• 2. May only undertake work which their
education, training and experience have
rendered them competent to perform and is
within the category of their registration.
• 3. Must, when carrying out work, adhere to
norms of the profession.
4.2 Integrity [3(2)]
Registered Persons:
• 1. Must discharge their duties to their
employers, clients, associates and the public
with integrity, fidelity and honesty;
• 2. Must not undertake work under conditions or
terms that would compromise their ability to
carry out their responsibilities in accordance
with the norms of the profession;
• 3. Must not engage in any act of dishonesty,
corruption or bribery;
• 4. Must disclose to their employers and clients,
or prospective employers or clients, in writing:
▪ (a) Any interest, whether financial or
otherwise, which they may have in any
business undertaking or with any person,
and which is related to the work for which
they may be or have been employed;
▪ (b) Particulars of any royalty or other
benefit which accrues or may accrue to
them as a result of the work; with the client
or employer concerned; and
▪ (c) The status of their professional
indemnity insurance cover, upon request;
• 5. May not, either directly or indirectly, receive
any gratuity, commission or other financial
benefit for any article or process used in, or for
the purpose of, the work for which they are
employed, unless such gratuity, commission or
other financial benefit has been disclosed in
writing to the employer or client concerned;
• 6. Must avoid situations that give rise to a
conflict of interest or the potential for such
conflict of interest;
• 7. May not knowingly misrepresent, or permit
misrepresentation of their own or any other
person’s academic or professional qualifications
or competency, nor knowingly exaggerate their
degree of responsibility for any work;
• 8. Must give engineering decisions,
recommendations or opinions that are honest,
objective and based on facts;
• 9. May neither personally nor through any other
person, improperly seek to obtain work, or by
way of commission or otherwise, make or offer
to make payment to a client or prospective
client for obtaining such work;
• 10. Must ensure that any work approved or
certified by them, has been reviewed or
inspected to the extent necessary to confirm
the correctness of the approval or certification;
• 11. May not, unless required by law or by these
Rules, divulge any information of a confidential
nature which they obtained in the exercise of
their duties;
• 12. Must notify Council on becoming insolvent
where such insolvency is caused by his or her
negligence or incompetence in performing
engineering work;
• 13. Must, without delay, notify Council if they
become subject to one or more of the following:
▪ (a) Removal from an office of trust on
account of improper conduct;
 ▪ (b) Being convicted of an offence and
sentenced to imprisonment without an
option of a fine, or, in the case of fraud, to
a fine or imprisonment or both.
4.3 Public Interest[3(3)]
Registered Person must:
• 1. At all times have due regard for and give
priority to the health, safety and interest of the
public.
• 2. When providing professional advice to a
client or employer, and such advice is not
accepted, inform such client or employer of any
consequences which may be detrimental to the
health, safety or interests of the public and at
the same time inform the Council of their
action.
4.4 Environment [3(4)]
Registered Persons must at all times:
• 1.Have due regard for, and in their work avoid
or minimise, adverse impact on the
environment; and
• 2. Strive to ensure that in meeting present
development needs, the ability of future
generations to meet their needs is not
compromised.
4.5 Dignity of the Profession [3(5)]
Registered Persons:
• 1. Must order their conduct so as to uphold the
dignity, standing and reputation of the
profession;
• 2. May not maliciously or falsely, whether in the
practice of their profession or otherwise,
knowingly injure the professional reputation or
business of any other Registered Person or the
reputation of the Council;
• 3. May not improperly supplant or attempt to
supplant a Registered Person in a particular
engagement after such Registered Person has
been employed;
• 4. May not advertise their professional services
in a misleading or exaggerated manner or in a
manner that is harmful to the dignity of the
profession;
• 5. May not review the work carried out for a
particular client by another Registered Person,
except in any of-
▪ (a) Where the review is carried out for a
different client;
▪ (b) With the prior knowledge of the other
Registered Person;
▪ (c) After receipt of a notification in writing
from the client that the engagement of the
other Registered Person has been
terminated;
▪ (d) Where the review is intended for
purposes of dispute resolution or legal
proceedings, including proceedings arisinq
from these Rules;
▪ (e) For routine or statutory checks.
5. Administrative
Registered Persons:
• 1. May not without satisfactory reasons destroy
or dispose of, or knowingly allow any other
person to destroy or dispose of, any information
within a period of 10 years after completion of
the work concerned;
• 2. May not place contracts or orders, or be the
medium of payments, on their employer’s or
client’s behalf without the written authority of
the employers or clients;
• 3. May not issue any information prepared by
them or by any other person under their
direction or control, unless this information
bears –
▪ (a) The name of the organisation
concerned;
▪ (b) The name of the Registered Person
concerned or another appropriately
qualified and authorised person; and
▪ (c) The date of preparation.
• 4. May, in instances where the signature of a
Registered Person is required, use an electronic
signature as defined in the Electronic
Communications and Transactions Act, 2002
(Act No. 25 of 2002);
• 5. Must order their conduct in connection with
work outside the borders of the Republic of
South Africa in accordance with these rules in so
far as they are not inconsistent with the law of
the country concerned: Provided that where
there are recognised standards of professional
conduct in a country outside the Republic, they
must adhere to those standards in as far as they
are not inconsistent with these rules.
• 6. Must supervise, and take responsibility for,
work carried out by their subordinates including
persons registered as candidates;
• 7. Must ensure that, while engaged as partners,
directors, members or employees of a business
undertaking which performs work, the control
over the work is exercised, and the
responsibility in respect thereof is carried out by
a Registered Person other than a person
registered as a candidate in terms of section 18
(1)(b) of the Act;
• 8. Must, when requested by the Council to do
so, in writing provide the Council with all the
information available to them which may
enable the Council to determine which
Registered Person was responsible for any act
that the Council may consider prima facie to be
improper conduct;
• 9. Must notify Council without delay of any
change of his or her physical address;
• 10. Must within 30 days respond to
correspondence received from clients,
colleagues and Council in so far as it relates to
work or proceedings in terms of these rules.
6. Public Finance Management Act
As gazetted by the Public Finance Management Act (Act
No: 1 of 1999)
Key aspects in this context to focus on unethical types of
expenditure (use of public money);
• 1. Fruitless and wasteful expenditure
Expenditure which has been made in vain and
would have been avoided had reasonable care
been exercised
• 2. Irregular expenditure
Expenditure other than authorised expenditure,
incurred in contravention of or that is not in
accordance with a requirement of any
applicable legislation

7. Tests
 Theme 4 – Continuing professional
development
1. Background
ECSA is responsible for regulating the practice of
engineering in South Africa.
CPD is introduced for all registered persons in order to:
1. The Code of Conduct requires:
1.1. Practicing strictly within their area of
competence
1.2. Maintenance and enhancement of this
competence
2. As a result Registered persons:
2.1. Have the responsibility to keep abreast of
developments and knowledge in their areas of
expertise
2.2. Should strive to contribute to the
advancement of the body of knowledge with
which they practice and to the profession in
general
3. In accordance with Act 46 of 2000 ECSA:
3.1. Must serve and protect the safety and
health of the public by establishing and
maintaining minimum standards of practice,
knowledge and skills of registered engineering
persons in the country as well as to establish
and maintain standards of professional ethics
among them.
3.2. Is through section 13(k) of the Act
empowered to determine conditions relating to
continuing education and training
3.3. May make CPD part of renewal of
registration requirements.
4. ECSA also maintain the international
agreements with other engineering bodies
abroad. These bodies require CPD as part of
their requirements and therefore also demand
that ECSA do the same if the SA registration is to
be recognised.
5. The system of CPD, was started in 2006, and
linked to renewal of registration from 1 Jan
2007 for all registered persons.
2. Objective of the CPD System
1. Ensure that all registered persons maintain
their competence throughout their period of
registration.
2. Meet the requirements of the Act.
3. Be the acceptable means for renewal of
registration.
4. Meet the requirements for recognition of
ECSA’s assessment process with regard to
international agreements.
5. Ensure that those South African registered
persons meet the requirements for their
continued international registration.
3. CPD Definition
3.1. CPD can be defined
• As the systematic maintenance, improvement
and broadening of knowledge and skills, &
• The development of personal qualities
necessary for the execution of professional and
technical duties throughout a person’s
engineering career.
3.2. ECSA’s definition
• Is widely drawn and not prescriptive so as to
remain flexible enough to be relevant to all
registered persons at all stages of their careers.
• The emphasis for meeting CPD requirements is
not on the acquisition of credits for the
attendance of academic or theoretical courses
alone, but has been spread over three
categories of activities, which would contribute
to meeting the minimum CPD credits needed
for renewal of registration.
4. Administration
The CPD system is administered by ECSA in terms of its
obligation under the Act.
• Provision of CPD activities according to specific
criteria and guidelines is outsourced to
▪ Recognised voluntary associations
(VAs);
▪ Accredited tertiary educational
institutions &
▪ Other recognised providers
• ECSA ensures that the responsibilities
outsourced are carried out in a fair, equitable
and responsible manner. ECSA therefore retains
the right to review or withdraw any outsourced
responsibilities from providers, should the
circumstances so require.
5. Role of Employers of Registered Engineering
Persons
Employers
• Are responsible for creating a suitable work
environment, which supports and promotes the
participation of registered persons in activities
that maintain their competence, &
• Share a responsibility to maintain a work
environment in which the continued
development of registered persons is assured.
6. Applicability for Various Categories of
Registration
Policy on CPD is applicable to:
1. Professional Categories
Professional Engineers, Professional Engineering
Technologists, Professional Engineering
Technicians and Professional Certificated
Engineers. It is also applicable to those persons
who are registered in the category of Registered
Technicians, including Master Technicians.
2. Candidate Categories
 Registered Candidates are not required to
comply with the CPD requirements for purposes
of renewal of registration, however they are
required to undertake CPD in order to comply
with the requirements for full registration.
Candidates therefore must record their CPD
annually.
3. Specified Categories
This policy is applicable to the following
specified category: Registered Lift Inspectors
7. Possible Exemptions from CPD Requirements
Exemptions are allowed to the CPD requirements in the
following cases:
• 1.During Postgraduate Studies
• 2. Practising Abroad
• 3. Retired Registered Persons
• 4. Deferment
7.1 During Postgraduate Studies
Registered Persons Undertaking Postgraduate Studies
Registered persons who are undertaking full or part-time
postgraduate studies are not exempt from the CPD
requirements. However, following the award of a post
graduate qualification, CPD credits may be claimed.
7.2 Registered Persons Abroad
Registered persons who are practising abroad
• Should meet the same requirements as those in
South Africa &
• Will not be granted deferment.
However
• Documentary proof of compliance with CPD
requirements in any particular country, where
such requirements apply, will be accepted for
CPD purposes in South Africa.
• In the absence of such proof of compliance with
CPD requirements, documentation on activities
attended outside South Africa will have to be
submitted to ECSA for evaluation and, if
approved, the registered person will qualify for
the specified CPD credits
7.3 Retired Registered Persons
Retired Registered Persons who
• No longer carry out any part-time consulting or
engineering work, are exempted from CPD
requirements.
• Are listed as “retired” on ECSA’s database, and
who carry out part-time consulting or
engineering work within the limits of the ECSA
policy, are not exempt from CPD requirements,
but they will be required to accumulate 3
credits per year.
In either of these cases electing to return to active
engineering practice
At least 3 credits for CPD activities should be presented
to ECSA in order to change their registration back to
active in the category concerned.
7.4 Deferment
Application for and granting deferment
• Registered persons may apply for deferment of
CPD and ECSA will review such applications
individually.
• If reasons given are acceptable to ECSA,
deferment may be granted.
• Registered persons experiencing physical
disability, illness or other extenuating
circumstances as reviewed and approved by
ECSA may be exempt.
• Supporting documentation must be furnished to
ECSA.
8. CPD requirements
Major aspects of CPD Requirements
• Cycles and credits per year
• Recording of CPD activities
8.1 Cycles and credits per year
Minimum per year and total
• 1. CPD will run in 5-year cycles, during which
period every registered person will be required
to accumulate a minimum of 25 credits in order
to retain registration
• 2. In any one year, the registered person will be
required to accumulate a minimum of 3 credits
across at least two of the categories (not
necessarily 3 credits per category) mentioned in
Table 4.1. Further explanation in class lecture.
• 3. Additional credits earned in any one year may
be carried over to the subsequent years within
the five year cycle
8.2 Recording of CPD activities
All registered persons will be required to record their
CPD activities annually:
• Either manually on form ECPD1 and by posting
it to ECSA or electronically, in a password
protected private domain for each registered
person, via ECSA’s website registered persons
may record individual CPD activities on a
continuous basis as they occur during each
annual cycle, provided that all CPD activities
undertaken during each annual cycle must be
recorded no later than 30 days after the
completion of each annual cycle
• When recording CPD activities under sub-rule
5(1), any person who is registered in more than
one professional category must inform the
council which category of registration is the
most appropriate to his or her area of practice,
in which case the council evaluates the
appropriateness of the CPD activities so
recorded in the context of the registration
category preferred by such registered person.
• Every registered person must retain
documentary evidence of all CPD activities
undertaken during each five year cycle, and be
able to present such evidence when requested
by the council to do so.
 9. Categories of Activities for CPD
Credits
CPD credits must be obtained in at least two of
the three categories listed, at least 5 credits, per
five year cycle, must be from Category 1
9.1 Developmental Activities
Attending developmental events
• 1 Attendance of structured
educational/developmental meetings will be
credited with one credit per 10 hours of
attendance.
• 2 A full day activity will be regarded as being for
10 hours and a half-day activity will be regarded
as 5 hours and hence half a credit.
• 3 Minimum of 5 credits (50 hours) has to be
accumulated per 5 year cycle under this
category:
3.1Conferences
3.2. Congresses
3.3. Large group workshops
3.4. Lectures
3.5. Seminars
3.6. Refresher courses
3.7. Colloquiums
3.8. E-learning
3.9. Relevant additional completed
accredited qualifications at benchmark
level or above (5 credits)
3.10. A completed post-graduate
qualification (5 credits)
9.2 Work-based Activities
Credits for working & mentoring
• 1 A different formula is used to calculate credits
in this category. Since registered persons also
remain current by performing their day-to-day
engineering responsibilities, a weighting of one
credit for every 300 hours per year for
engineering related work (including
management) is awarded for this category.
• 2. A maximum of two credits for 600 hours per
year may be earned in respect of this activity.
• 3. In addition, the mentoring of candidate
persons in the workplace will be recognised as
CPD with a maximum of 1 credit for 50 hours of
mentoring per year.
• 4. In-house skills training sessions organised by
employer/engineering company and career
guidance for candidates may also be presented
under this sub-category.
9.3 Individual Activities
Individual Activities consist of:
• Membership of an ECSA recognised voluntary
association
• Other activities
Voluntary Associations
Membership of an ECSA recognised voluntary association
(engineering society/institution or institute) will result in
a maximum of 1 credit per annum 10. Role of Recognised Voluntary Associations
ECSA’s view i.t.o. CPD on recognised VAs and Accredited
9.3.1 Other activities Tertiary Educational Institutions:
Other activities include the following groups: 1. In South Africa the voluntary engineering
• Educational involvement associations and accredited tertiary educational
• Papers & Conferences institutions render an invaluable service in
offering a wide range of services that can be
• Institutions & Committees
used by engineering persons to maintain and
• Self-Enrichment
improve their competence.
2. ECSA expects that the recognised voluntary
associations should where possible as part of
their activities assist their members in
identifying CPD activities which meet their
needs & present CPD activities.
 3. Recognised voluntary associations will also be
responsible for the validation and monitoring of
courses, seminars and conferences offered for
CPD credits by other providers.
11. Approval of Providers of CPD Activities
The main aspects are:
1. Recognised VAs and Accredited Tertiary
Educational Institutions
2. All other recognised bodies
3. Responsibility of registered persons
4. Assurance by VAs
5. Approval of activities by other bodies
11.1Recognised VAs and Accredited Tertiary
Educational Institutions
ECSA has given approval:
To voluntary associations recognised as such in terms of
the Act, as well as accredited tertiary educational
institutions to run activities, which will be acknowledged
for obtaining CPD credits.
ECSA regards:
These bodies are capable of ensuring that all their
courses, seminars or conferences etc would be of
adequate standard.
11.2All other recognised bodies
All other bodies, such as private companies or state
organisations
1. Would need to have the contents of every
event they provide for in this Category of CPD
approved by the recognised voluntary
association for the discipline or category of
registration concerned and for the assignment
of the appropriate credits.
2. The organisers of these courses, conferences
or seminars etc. would therefore have to
approach the appropriate recognised voluntary
association for vetting of the activity and may
be charged a fee for such evaluation and
approval.
11.3Responsibility of registered persons
Registered persons
Registered persons, who intend participating in
an activity provided by any other bodies should
ensure that the activity is approved so that the
credits awarded will be recognised by ECSA.
11.4Assurance by Vas
In approving a Category 1 CPD activity the recognised
voluntary associations will ensure that:
1. The activity should serve to maintain or
enhance the knowledge, skills and competence
of all those who participate in it.
2. The activity should meet an educational and
developmental need and provide an effective
learning experience for the participants.
3. The (type of) participants or group of
participants must be specified and where
appropriate, the discipline should also be
specified.
4. The depth and breadth of the subject matter
covered must be appropriate with sufficient
time for discussion.
5. The subject covered should provide a
balanced view and should not be unduly
promotional.
6. The presenters should have proven practical
and academic experience and be good
communicators.
7. Evaluation forms for obtaining feedback from
participants on the activity must be provided for
rating of the relevance, quality and
effectiveness of the activity.
11.5Approval of activities presented by other
bodies
To obtain approval:
1. Private Providers of CPD activities will be
required to submit their proposed activity to
the recognised voluntary association for that
discipline or category of registration, who will
arrange for assessment of the content and CPD
credit value thereof.
2. Applications for approval of CPD activities
must be submitted to the appropriate
recognised voluntary association.
12. Process of Renewal of Registration
Renewal of registration entails:
1. All registered persons will be required to
apply for renewal of registration on the
prescribed form at least 3 months prior to the
expiry of their registration. 2. This renewal of
registration every five years will merely be an
administrative process for those who meet the
CPD requirements.
3. However, those registered persons who are
identified administratively as having not met
the requirements, will be advised accordingly
that their deficient CPD record will be referred
to the relative Registration Committee or
Professional Advisory Committee for decision.
4. Possible actions that may be taken by ECSA
are given below.
13. Audit
ECSA will conduct random audits.
1. ECSA will conduct random audits of up to
10% of the CPD records of all registered persons
in the different categories of registration
annually.
2. If selected for audit, registered persons will
be required to send, within four weeks of initial
notification, verification of their CPD activities.
3. Where the CPD activity was presented by any
other provider, proof of approval of the activity
from the recognised voluntary association
together with proof of attendance must be
submitted.
 4. The audit of CPD submissions will be done by
members of ECSA’s Registration and
Professional Advisory Committees
5. Registered persons being audited will be
advised of the outcome.
6. Those who do not pass the audit will have
their record and verification documentation
referred to the relative Registration Committee
or Professional Advisory Committee for
decision.
7. Possible actions that may be taken by ECSA
are given below

14. Non-Compliance
A registered person not complying
In the event of a registered person not complying with
the requirements of the CPD system, ECSA may impose
any one or more of the following conditions:
1. Require the registered person to follow an
approved remedial programme of continuing
professional development within a period
prescribed by ECSA.
2. Removing the registered person’s name from
the relevant register.
 Theme 5 – Intellectual Property 2. Also important to note that various RSA IP Laws make 2. SA industry tends to view this not as a major
direct reference to some of these, notably the Berne aspect of doing business, and in some cases
1. Defining IP Convention, the Paris Convention and TRIPS! have paid a heavy penalty by losing its exclusive
• Under SA Law there is no single law that rights to competitors much more astute to the
protects “Intellectual Property”. 1.2 RSA Constitution real value of a company’s IP.
3. Note that Intellectual Property is normally
• Intellectual Property is a collective term that
1. Note that IP rights are not specifically covered by the TERRITORIAL. But international protection can
refers to the protection of a variety of human
SA Constitution be achieved by way of various international
intellectual endeavours, which are protected
2. A good example is the much-publicised case of Laugh conventions and agreements that the RSA
under different laws.
It Off Promotions CC vs. South African Breweries subscribes to. (e.g. the Berne and Paris
• South African laws that are relevant are:
International BV (CLT4204, SA Constitutional Court) Convention states that a national of any of the
(a) Copyright Act 98 of 1978, as
3. Here the Court was asked to decide on the two rights member states will enjoy the same protection in
amended;
of IP Protection and Freedom of Speech. The Court found any of the member states than in his/her own
(b) Trade Marks Act 194 of 1993;
that: state, also holds for permanent residents of a
(c) Patents Act 75 of 1978;
3.1. The two rights have equal status member state).
(d) Patents Amendment Act 20 of
3.2. And, balancing them against each other 2. Trademarks
2002; &
found 1. A trade mark is a distinctive sign or indicator
(e) Designs Act 195 of 1993.
3.3. The Right to Freedom of Expression used by an individual, business organisation, or
overrides the IP Rights of SAB other legal entity to identify that the products
1.1 International picture
3.4. This was criticised extensively by the legal or services to consumers with which the trade
profession as it could have serious effects on mark appears originate from a unique source,
1. Important to realise that South African Law does not
the rights of business to act and deal with their and to distinguish its products or services from
stand in isolation, but is in many ways written to be in
propriety rights as they see fit and be protected those of other entities.
harmony with a variety of international laws and
by the various IP laws. The judgement also 2. A trade mark is typically a name, word,
conventions that the RSA subscribes to
would have serious effects on the status and phrase, logo, symbol, design, image, or a
1.1. Berne Convention for the Protection of
image of certain Trade Marks in the public mind combination of these elements. There is also a
Literary and Artistic Works (1971) first adopted
range of non-conventional trademarks
in 1886; this is administered by the World
1.3 Examples comprising marks which do not fall into these
Intellectual Property Organisation “WIPO”,
Justice Dikgang Moseneke, handing down a unanimous standard categories, such as those based on
Geneva, Switzerland. Some 164 countries
judgement in the Constitutional Court, found that SAB colour, smell, or sound.
agreed to this convention, including the RSA
had not proved that Laugh It Off had infringed on the 3. The owner of a registered trade mark may
1.2. Paris Convention for the Protection of
brewery’s trademark with the message on its Tshirts. The commence legal proceedings for trade mark
Industrial Property (1883, as amended 1979)
following images are as they appear on the Laugh It Off infringement to prevent unauthorised use of
agreed to between 173 signatories, including
website and although clearly being based on well-known that trade mark.
the RSA
Trade Marks seem to be now impossible to legally 4. However, registration is not required. The
1.3. Agreement on Trade-related Aspects of
prohibit and some appear to be clearly defamatory. owner of a common law trade mark may also
Intellectual Property Rights (1995) also known
file suit, but an unregistered mark may be
as the ‘TRIPS Agreement’, administered by the
1.4 Summary protectable only within the geographical area
WTO (as a result of the General Agreement on
1. It is evident that intellectual property is a within which it has been used or in geographical
Tariffs and Trade (‘GATT’))
complex topic and that it is governed by a areas into which it may be reasonably expected
1.4. WIPO Copyright Treaty (‘WCT’) (1996)
number of laws as well as international to expand.
conventions.
 2.1 Governing act
Trade Marks Act 194 of 1993 describes:
1. Commercial symbol or “sign”
2. Used on both products and services
3. Word or words
4. Slogans
5. Names
6. Made-up (“created”) words
7. Colours (e.g. Orange)
8. Shapes
9. Logos
2.2 Value of trademarks
1. Value of a Trademark lies in:
1.1. To indicate origin (identify owner) 1.2.
Indicates quality (e.g. BMW, Rolls-Royce)
1.3. Manufacturer’s reputation linked to the
mark
1.4. Valuable for advertising
1.5. To distinguish from other marks
2. BUT A TRADEMARK MUST BE DISTINCTIVE!
• Common surnames are Not distinctive (e.g. Van
der Merwe, but Lalk is!)
• Single alphanumeric letters are also not
distinctive (but KPMG, BMW is). The “Golden
Arches” of McDonalds has become distinctive
• Terms that have become common language,
e.g. “frequency hopper” used in military radio
communications is no longer protectable (used
to be seen as synonymous with the Grintek
TR15H radio sets)
EXAMPLE SLIDE 7
2.3 Must a trademark be registered?
1. By doing so you will strengthen your
ownership claim (use ®)
1. The following can be protected by copyright:
2. However, you do not have to register it
to claim ownership. You can rely on
common law (but it is harder to defend
your rights) (use ™)
3. Common Law = “a law that is not written
into the statutes, but is commonly
recognised as law” E.g. Judges have some
power to make laws through their
decisions. So, when a judge decides that, in
this case, X should get damages because
reasons ABC, this is common law. The next
time there is the same situation, other
judges will follow previous judges’
decisions.
2.4 Protecting a Trade Mark
1. Against unauthorised use;
2. Also protection against similar marks (passing
off as that of somebody else);
3. Even if not used in the RSA but well-known
elsewhere (e.g. Orange v. some local firms,
McDonalds v. Joburgers). It is about prevention
of confusion (passing-off); &
4. But you can lose your trade mark if it is not
being used as one of the provisions for
registration is that “the applicant must have the
intention to make use of the mark”.
2.5 Remedies
1. Interdict (first step normally an Urgent
Interim Interdict, to restore the previous status
quo). Followed by a Final Interdict;
2. Damages (must be reasonable);
3. Royalties;
4. Removal of infringing mark from the register;
& 2. E.g. in Golden China TV Game Centre & Others v
5. Confiscation of all products carrying the
infringing mark.
3. Copyright©
1.1. Literary works
1.2. Dramatic works
1.3. Artistic works
1.4. Musical works
1.5. Cinematographic films
2. First four are “traditional works”, or “products of skill
and labour”
3. Last one is an “entrepreneurial work”, product of the
“investment of entrepreneurs”. Also, includes sound
recordings, broadcasts, “programme-carrying signals”,
published editions
4. “Secondary work copyright”, e.g. if Thabo translates
John’s book from English to Zulu, both would be entitled
to copyright (Thabo’s translation is a “product of skill and
labour”), but this does not detract from John’s “original
copyright”
5. Note also that “collections of data” (a database) is
protected, TRIPS Agreement specifically identifies this as
an “intellectual creation”. The specific arrangement of
data in itself is worthy of protection.
6. Under TRIPS (Art 10(1)) “Computer programs, whether
in source or object code, shall be protected as Literary
Works under the Berne Convention”
3.1 Copyright and Technology
1. The legal domain tends to lag the technology space,
which sometimes creates legal problems
Nintendo Co Ltd (1997), SA High Court (Appellate
Division) the court found that a microchip containing
images and sequences of a video game qualified for
copyright protection as a cinematographic film
3. But Copyright is complex
A sound recording probably includes copyright
protection for a literary work (lyrics), a musical work,
copyright of the performers, the producer, etc. THUS BY
COPYING THE SOUND RECORDING YOU MAY INFRINGE
ON THE RIGHTS OF NUMEROUS INDIVIDUALS, EACH
WHO WILL HAVE A STRONG CASE FOR LEGAL RELIEF
4. There is no copyright in ideas, thoughts, mathematical
formulas, etc.
5. Copyright indicated by ©, but copyright is not
registerable per se. Need not identify copyright, being
able to prove originality is sufficient.
3.2. Duration of Copyright
1. The Berne Convention states that “The term of
protection granted shall be the life of the author plus
fifty years after his death”
2. Exceptions (e.g. computer programmes) where
copyright exists for fifty years after the end of the year in
which the work was completed or published (thus
Microsoft still has about 20-30 years of copyright left on
Windows 1 or MS DOS!)
3.3. Ownership of Copyright
1. The Copyright Act states that “the ownership of any
copyright shall vest in the author, or the coauthors, of
the work” (Sect 21(1))
2. But be aware of “works for hire” where an author is
contracted to perform a work the “employer” of the
author owns the work’s copyright
3. Copyright is transmitted by law, e.g. if the owner is
declared insolvent the copyright then vests in the trustee
of the insolvent
4. Copyright ownership grants the author exclusive rights
to benefit financially by exploiting his rights, e.g.
transferring his rights to another party
3.4. Remedies
1. Interdict
2. Claiming damages
3. Handing over all infringing copies
4. In lieu of damages, a reasonable royalty 5. Anton Piller
order (a mandatory injunction order coupled with an
inspection order) I Advantage in that this can be
awarded without prior notice to the other party allowing
access and search of the party’s premises (preventing
other party to destroy evidence…)
4. Patents
1 Patents are granted for inventions, new technological
improvements that contain some measure, great or
small, of inventiveness over what is previously known
(UNISA, Patent Law Notes, 2000).
2 Patents all have the following characteristics:
2.1. Issued by a state or other patent office;
2.2. Require that the invention be publicly
described (this can be a draw-back in some
cases!! – in some cases may be better to rely on
Trade secrets);
2.3. Prevent ALL others from using the invention
for the duration of the patent.
3 Regulated in the RSA by the Patents Act 57 of 1978
(but also linked to the Paris Convention and Patent
Cooperation Treaty known as the “PCT”).
4 Other important agreements include TRIPS (distinguish
from THRIPS a NRF scheme).
4.1 What can be patented?
1. A patentable invention must be (must comply to ALL
three)
(a) New
(b) Involve an inventive step
(c) Be capable of use in trade, industry, or
agriculture
2. Not patentable are (there are also others we do not
cover here)
(a) Materials or substances already in nature
(b) Scientific theories, mathematical methods
(but their technical implementation can be
patented)
(c) Methods, schemes, rules for performing
mental acts, playing games or doing business
(but their technical implementation can be
patented)
(d) Aesthetic creations
(e) A computer programme (although this now
seems to become a possibility in the US, the SA
Patents Act though still excludes computer
programmes)
But despite this the SA Patent Office is awarding
software patents, Microsoft for example, in recent years
have registered some 300 software patents in the RSA,
this probably has more to do with the nature of the RSA
Patent Office which is a “non-examining” patent office
making
4.2. Requires absolute novelty
1. Sect. 25(5) of the SA Patents Act states: “an invention
is deemed new if it does not form part of the state of the
art immediately before the priority date of that
invention”.
2. This places a difficult requirement on the inventor.
Sect 25(6) of the Act states: “The state of the art shall
comprise all matter (whether a product, process,
information about either, or anything else) which has
been made available to the public (whether in the
Republic or elsewhere) by written or oral description, by
use or in any other way”.
3. Therefore “loose lips robs you of your intellectual
property” to borrow a term from military security but if
your disclosure is made as a secret or confidential
disclosure it will not destroy your idea’s novelty
4.3. International protection
1. Once you submitted a local patent application with
the SA Patent Office you can also apply for protection
elsewhere, e.g. under the “Patent Cooperation Treaty”
or “PCT” applying for any number of PCT member
countries (you must choose which countries, as there is
no such thing as an “international patent”!)
2. Patent Duration = 20 years from priority date
5. Employment and IP
5.1. Position of your employees (Secrets)
What happens to inventions, or intellectual works made
by my employee?
2. The employee will still be assigned as “inventor” but
the patent will be owned by the employer
3. A key point is whether the invention is “within the
normal course of employment”, for example if the
employee is employed as a financial manager but invents
a new can opener, the employer would have no rights to
this invention
4. Burrell’s South African Patent and Design Law suggests
as a test:

1. The various laws do not specifically provide

for the allocation of inventions or intellectual
works made by my employee in the course of
his/her employment.
2. The Patent Act does however contain some
provisions on this (Sect 59). In general it takes
the stand that inventions made by employees
shall belong to the employer in certain
circumstances.
3. A UK case (Sterling Engineering Co Ltd v.
Patchett, 1955, 72 RPC 50 at 58) found:
4. If there are no specific provisions between
employer and employee the SA courts will hold
this view as well! It will also let itself be guided
by Common Law.
6. Abuse of IP
1. Intellectual property rights create monopolies, while
Competition Law battles monopolies, are these then in
conflict?
2. Article 31 of TRIPs provides for the grant of
compulsory licenses, under a variety of situations, such
as:
(a) In the interest of public health;
(b) National emergencies;
(c) Inadequate exploitation of the patent in the
country;
(d) Anti-competitive practices by the patentees
(e) National interest.

5.2. Employment contract

1. It will be in both the employers and employees
interest to conclude in the normal contract of
employment a clause that clarifies the intellectual
property position of the employer.
1.1. Note however that Sect 59(2) of the SA
Patents Act states: “Any condition in a contract
of employment which (1) requires an employee
to assign to his employer an invention made by
him otherwise than within the course and scope
of employment; or (2) restricts the right of an
employee in an invention made by him more
than one year after the termination of the
contract of employment, is null and void”