1. (ECSA Executive: Regulatory Functions)
ENGINEERING COUNCIL OF SOUTH AFRICA PORTFOLIO COMMITTEE ON HOME AFFAIRS
Adv. Rebaone Gaoraelwe
(ECSA Executive: Regulatory Functions)
Tuesday, 24 August 2015

2. 1. ROLE OF ECSA
Constitution of the Republic of South Africa, Section 22
Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.
South Africa chose to regulate the profession
This gave rise to the Engineering Profession Act (EPA, 46 of 2000)
Registration is a tool by which we regulate the profession

3. 2. HOW DO WE REGULATE?

4. 3. OTHER ROLES OF ECSA Evaluations of Foreign Qualifications
Identification of Engineering Work (IDoEW)
Recognition of Voluntary Associations
International Relations & Benchmarking
Advise the Minister of Public Works on matters of engineering interest

5. 4. SOCIETAL BENEFITS

6. 5. CATEGORIES OF REGISTRATION
Registered
Persons
Professional
Engineer
Technologist
Certificated Engineer
Technician
Candidate
Engineering Technologist
Engineering Technician
Specified Category
Lifting Inspectors
Lifting machinery Inspectors
Medical Equipment Maintainers
Fire Protection System Inspectors

7. 6. …AND WHAT IF WE DON’T REGULATE?
Quality
Competence
Standards
Code of Conduct

8. Why? 7. REGISTRATION STATUS QUO Top end registered Professionals 38%
Target of 52%
Engineers
Unregistered Engineers
Economically active unregistered engineering practitioners
52%
Why?
Qualified unemployed or practicing outside engineering scope
10%

9. 8. WHY UNREGISTERED ENGINEERS?
Engineering is not a well defined and protected term
Professional Registration is not compulsory in terms of the EPA (46 of 2000)
Employer bodies are not compelled to employ registered engineers

10. 9. ROLES NOT PLAYED BY ECSA
ECSA does not
practice engineering or intervene in areas of practice(such as employment), but regulates those that practice it
Influence areas of practice/direct engineers to a particular areas of practice
Discriminate any applicant for registration

11. 10. REGULATION OF FOREIGN ENGINEERS WORKING IN SA
Situational Overview
There are appr Foreign engineers registered with the Engineering Council of SA
Appr of these are Professional Engineers (different categories and disciplines)
There are many foreign Engineers working in South Africa, unregistered.
There are multiple Engineering Consulting Firms that are based in SA
Employ South African and foreign engineers
Foreign Engineers by law require working VISAS.
Critical Skills VISAS
Treaty VISAS
ECSA in constant formal discourse with the Department of Home Affairs regarding the management of the influx of foreign Engineers in SA

12. 11. REGULATION OF FOREIGN ENGINEERS WORKING IN SA
ECSA released a press statement in June 2015 on its position regarding foreign engineers working in SA
This was in response to the public outcry triggered by the Free State Provincial Government’s employment of Cuban Engineers
Question posed to ECSA was on the suitability or otherwise of foreign engineers to service the South African population
Press Statement:
ECSA’s mandate does not extend to issues around who and where Engineers are employed.
ECSA’s only concern is their registration with the Council(determined by the scope of engineering work they have been contracted to undertake).
If required to take responsibility for the engineering work, and sign it off as complete, they are required to be registered with ECSA
ECSA registration is structured into two segments: the evaluation and recognition of educational standards; and the assessment of that individual’s competence.

13. 12. REGULATION OF FOREIGN ENGINEERS WORKING IN SA cont…
Press statement cont..
Recognition and evaluation of qualifications is a standard procedure, regardless of their nationality, and is measured according to the educational standards set in the Washington, Sydney and Dublin Accords
Automatic recognition of any engineering qualification obtained from any signatory countries(of which South Africa is a signatory to all three)
Applicants with qualifications obtained in non-signatory countries (such as Cuba, France, Germany, Zimbabwe) will go through a qualification evaluation process
Any applicant for registration: whether local or foreign: is required to demonstrate experience in their chosen discipline ( minimum of 3 years, under the supervision and mentorship of a registered engineering professional (peer review exercise)
The country of origin of the applicant is IRRELEVANT: competency and substantially equivalent qualifications is the determinant.

14. 13. REGULATION OF FOREIGN ENGINEERS WORKING IN SA cont..
On 3/6/2014 the Department published Government Gazette 3766: (Government Notice 459), issued in terms of the Immigration Act 13 of 2002.
Regulation enjoins ECSA to issue letters to critical skills visa Applicants provided-
the Applicant possesses the “skills or qualifications and appropriate post-qualification experience”; and
the Applicants must prove that they have applied for registration with ECSA.
Regulation intended to control the influx of foreign engineers in SA
ECSA is inundated with these requests
ECSA in constant formal discourse with the Department of Home Affairs regarding the management of the influx of foreign Engineers in SA(8/8/2014; 19/2/2015)

15. 14. REGULATION OF FOREIGN ENGINEERS WORKING IN SA cont..
Practical Implications to ECSA:
Previously ECSA issued letters upon proof by Applicant of having applied for registration.
The Regulation is “stricter” in that it empowers ECSA not to issue any letter unless it is satisfied that the two requirements above are met.
Requirement 1 fairly straightforward. Requirement 2 requires Committee work, which takes time.
PR and Reputational Implications for ECSA.
All applications for critical skills VISA have to undergo ECSA registration process just like all normal applications. This takes time(4 to 6 weeks)
The Department constantly liaises with ECSA to verify the authenticity of letters submitted by foreign applicants.

16. 15. REGULATION OF FOREIGN ENGINEERS WORKING IN SA cont..
Treaty VISAs:
Department has informed ECSA that through treaty VISAs, foreign Engineers could work in South Africa.
ECSA does not have details on foreign Engineers working on SA on treaty VISAS.
ECSA has requested information from the Department n the record of all foreign engineers to whom critical skills VISAS have been issued.
Upon receipt of that Data ECSA will compare how many are indeed registered with ECSA
Challenges
There are high levels of fraudulent attempts at obtaining working VISAS;
Many Employers: public and private, do employ engineers( local and foreign) that are not registered with ECSA
Some foreign engineers and then seek to apply for working VISAS whilst already here.

17. 16. REGULATION OF FOREIGN ENGINEERS WORKING IN SA cont..
Critical vs. Scarce Skills:
Department's Critical Skills Regulations classify Engineering Skills as critical(not scarce)
ECSA- recognised VAs contend that there is over-supply of Engineering capacity in the country(with many unemployed graduates and professionals).
ECSA is in a process of compiling a comprehensive Database of all Engineering Graduates from ECSA- accredited Universities
ECSA is formally engaging all VAs to obtain bi-annual stats on all unemployed Engineers that are members of VAs
Government argues that Engineers do not want to work/ service rural SA.
There is no evidence that SA has shortage of Engineering capacity
The issue of attracting foreign Engineering skills is met with resistance due to what appears to be sufficient capacity in the country

18. 17. CONCLUDING REMARKS
There has to be increased Government, private sector and ECSA collaboration prior to bringing in foreign engineering skills in SA
Department of Health: Clinical Engineering Technicians
Any foreign engineer not registered with ECSA shall not be subject to ECSA’s exacting evaluation of educational qualifications and competency standards
Any foreign engineer not registered with ECSA shall not be subject to ECSA’s Code of Conduct for registered professionals
Any foreign engineer assigned to projects must be subject to supervision of a registered Engineering professional
It is not only Cuban Engineers that get employed in SA: many Engineering Consulting Firms as well Government Institutions have, and continue to employ foreign Engineers
The control of the influx of foreign engineers through the Departmental Critical Skills VISA Regulations is welcomed
Properly-coordinated and managed(through ECSA’s facilitation), foreign engineering skills in SA should be used at a minimum

19. 18. ECSA’s VISION & WAY FORWARD
Develop a solid foreign engineering regulation strategy
Engage with National Treasury regarding a directive for all public sector institutions to employ and or procure services from competent engineers(as defined by the Engineering Professional Act of 2000)policy to employ only competent engineers
Enter into MoUs with corporate SA(Engineering firms) to employ registered, competent Engineers
Establish an objective, transparent and consistent registration system and possibly

20. THANK YOU!