Theme 2: Engineering Council of South Africa

(ECSA) Road to Registration

Department of Mining Engineering

IPI 410: Engineering Professionalism

Lecturer: Mr PL Ngwenyama

Last Revision: 2022

© Copyright reserved

© 2022 University of Pretoria

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1 Imagine a world without engineering practitioners

• Can you? No, it is impossible as Engineering is one of the professions that does more
to improve people’s lives than any other profession:
o The houses we live in, the buildings we work in, the electricity we use, the
water we drink, the roads we travel on, the aircraft we fly in, the airports we
land on, and so we can go on
o Almost all designed/developed by engineering practitioners
• Engineering as a science has played a predominant role in contributing to
improvement of human health, safety and comfort.
• So, before you start your Engineering career, take a step back and pride yourself in
the noble profession you have chosen to work in and to improve the lives of fellow
human beings.

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, doing so out of a commitment to serve and protect the public.”
• “Professional practitioners ensure that their competence is maintained throughout
their careers.”

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2.1 Structure of the engineering profession
• Section 22 of the Constitution of South Africa
o 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.
• Council for the Built Environment Act, No. 43 of 2000, is the overarching Council for
six built environment professions of which engineering is one.
• The Engineering Professions Act, No. 46 of 2000 gives effect to regulating the
Engineering profession as stated in the constitution.
• Recognised Learned Societies in Engineering known as Voluntary Associations.
• Other Legislation for specific engineering requirements
• ECSA: A statutory body created by Acts of 1968, 1990, 2000

2.2 Why should we regulate engineering?

• Protection of the 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 for engineering
practitioners
• Builds relationships internationally to achieve international recognition for registered
persons.
• 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 of
accredited engineering professionals.
• Development and enforcement of the Code of Conduct for registered practitioners.
• Development of specialised categories of registration.

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• Conduct accreditation visits to evaluate engineering education programmes at
tertiary institutions.
• Investigation of complaints of improper conduct against registered persons.
• Recognise Voluntary Associations.
• Enter into international agreements for the recognition of educational programmes
and registration.
• Recommend to CBE the identification of the type of work performed by engineering
practitioners.
• 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
to the engineering profession.

3.2 What engineering has in place

• Well established voluntary engineering associations (VA’s) – more than 100 years of
engineering knowledge.
• ECSA as the regulator of the engineering profession in South Africa since 1969.
• Strong engineering industry regarded as the engineering 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

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4 Why should you register?

• Engineering Risk
o Engineering activity has potential adverse consequences and therefore must
be carried out responsibly and ethically
o Economically
o Using available resources efficiently
o Safeguarding health and safety
o In an environment sound and sustainable way, and
o Managing risks throughout the entire life-cycle of a system.
• Peer recognition of Qualification and Experience
• Public confidence in professional competence
• Ability to accept professional responsibility for the engineering work performed.
• 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 of applicants that can be applied
in a category:
• Default Method: Two stage process involving:
o Experience Appraisal (EA)
o Professional Review (PR)
• Within a category, all disciplines will use a single method of assessment.
• The registration system is well documented in various Policies, Standards, Guidelines
and Procedures as can be found on the website. (www.ecsa.co.za)
• An 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

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• 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; PN-Technician)
• 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

1
Grouped into five groups [Discussed later in detail during Theme 3 and Theme 6]:
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

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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.

**Note: These must not be confused with the Graduate Attributes (Exit Level Outcomes) that are defined for
the Engineering degree or the content of GA10.

6.1 How professional competencies fit together

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7 Professional development model

7.1 Once graduated

• Register as a “Candidate” with ECSA.
o 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”
Candidate Engineer B.Sc. (Eng.) or B.Eng.
Candidate Engineering Technologist B.Tech.
Candidate Certificated Engineer Certificate of Competency
Candidate Engineering Technician National Diploma

7.2 Professional registration

• Worldwide — Based on two requirements:
o Academic entry level qualification –– basic engineering qualification:
▪ B.Sc. (Eng.) or B.Eng. for the Engineer;
▪ B.Tech. for the Technologist; and

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▪ National Diploma in engineering for Technician.
• Three years of practical / technical post qualification training of enough variety and at
the appropriate Engineering level for the category of registration concerned.
• Engineering Profession Act 46 of 2000 defines registration as follows:
o To achieve registration in a professional category, an applicant must:
o Satisfy the educational outcome as defined for the related candidate
category
o 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.

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• 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:
o 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.
o 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

• The expected training progression of a Candidate Engineer is as depicted in Table
2.1.
Table 2.1: Training progression (Degree of Responsibility)
Level Description Nature of Work Responsibility Level of Support
A. Being Induction/Observe None Explains
Exposed challenges/solutions
B. Assisting Performs under close Limited for work Coaches & feedback
supervision output
C. Participating Performs under Full for Progressively
limited supervision supervised reduces support
work
D. Contributing Performs with Full to Candidate articulates
approval of work supervisor for own reasoning &
output quality of work compares
E. Performing Without supervision Full as Candidate takes on
appropriate for without
a registered support/limited
person guidance

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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.
• We wish you well in your Engineering Career!

9 ECSA Contact Information

Website: www.ecsa.co.za
E-mail: engineer@ecsa.co.za
Offices: Waterview Corner Building
2 Ernest Oppenheimer Avenue
Bruma

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Theme 3.1: Continuing Professional
Development
Department of Mining Engineering

IPI 410: Engineering Professionalism

Lecturer: Mr PL Ngwenyama

Last Revision: 2022

© Copyright reserved

© 2022 University of Pretoria

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As related to the Policy and Rules on Continuing Professional Development (special

focus on section 9 of the linked document and Appendix A) issued by gazette (19-
01-2017)

1. Background
ECSA is responsible for regulating the practice of engineering in South Africa.
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.
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2. Objective of the CPD System

CPD is introduced for all registered persons in order to:
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.

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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.

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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

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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.

If the retired registered person is still active in engineering

Doing part-time consulting or engineering work, and who does not comply with the
requirements for being listed as “retired” on the ECSA Database, full compliance is
required.

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.

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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, Private Bag X691,
BRUMA, 2026, or electronically, in a password protected private domain for
each registered person, via ECSA’s website www.ecsa.co.za and 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.

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➢ 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 below in
Table 4.1. At least 5 credits, per five year cycle, must be from Category 1.
Table 4.1: CPD Credit Categories
Cat. Type of activity Maximum/year Calculation
1 Developmental Activities
See activities in 9.1 none 10 hours/credit
Post graduate degree* 5 5 credits per
degree
2 Work-based Activities
Engineering Work 2 credits = 600hours (300
hours/credit)
Mentoring of candidate practitioners 1 credit = 50hours (50
hours/credit)
3 Individual Activities
Membership of a recognised 1 credit (not linked to
voluntary association hours)
Other activities none 10 hours/credit
*Not awarded per year but only on completion of degree

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:

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a. Conferences
b. Congresses
c. Large group workshops
d. Lectures
e. Seminars
f. Refresher courses
g. Colloquiums
h. E-learning
i. Relevant additional completed accredited qualifications at benchmark
level or above (5 credits)
j. 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.

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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

9.3.1 Other activities

Other activities include the following groups:
➢ Educational involvement
➢ Papers & Conferences
➢ Institutions & Committees
➢ Self-Enrichment
Educational involvement with credit earned
Activity Credit
Part-time lecturing to under- and postgraduate students 1/10h of lecturing
Supervision of postgraduate students 2/annum
Oral examinations of final year and postgraduate students 1/10h of active
involvement
External examiner of M dissertations and Doctorate theses 2/annum
External examiner of final year students 1/annum

Papers & Conferences apply as follows

Activity Credit
Publication of research in peer reviewed journals: a single 2/publication
author
Where paper has a number of authors 1/publication/author
Publication of technical articles 1/article published
Papers presented at conferences or congresses / poster 1 each
presentations

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To verify institutions & participation in Committees (credit for active

involvement)
Activity Credit
Participation in statutory, professional, institutional, technical or non- 1/10h
technical committee or task groups
Evaluation of educational programmes at Universities for 1 /10h
accreditation purposes
Evaluation of educational qualifications for ECSA’s Qualifications 1/10h
Examination Committee
Evaluation of competence and applications for registration for ECSA’s 1/10h
Registration
Committees and Professional Advisory Committees

Recognised self-enrichment activities are:

Activity Credit
Self-study which includes, but is not restricted to studying of journals 1/10h study
or electronic of computerised material. All activities under this item
must be verified.

10. Role of Recognised Voluntary Associations

ECSA’s view in terms of CPD on recognised VAs and Accredited Tertiary
Educational Institutions:
1. In South Africa the voluntary engineering associations and accredited tertiary
educational institutions render an invaluable service in offering a wide range of
services that can be used by engineering persons to maintain and 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.

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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

11.1 Recognised 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.

11.2 All 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.

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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.

11.3 Responsibility 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.

11.4 Assurance 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.

11.5 Approval 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.

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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.

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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.

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Theme 3.2: Competency Standard for
Registration as a Professional
Engineer
Department of Mining Engineering

IPI 410: Engineering Professionalism

Lecturer: Mr PL Ngwenyama

Last Revision: 2022

© Copyright reserved

© 2022 University of Pretoria

`

As related to the Competency Standard for Registration as a Professional Engineer

as issued by ECSA (Rev-1.3 [24 November 2012]) [Policy Statement: Acceptable
Engineering Work for Candidate Engineers for Registration as Professional Engineers]

1. Purpose
This Standard defines:
The competence required for registration as a Professional Engineer.

1.1 Definitions
Engineering science means a body of knowledge, based on the natural sciences and
using a mathematical formulation where necessary, that extends knowledge and
develops models and methods to support its application, solve problems and provide
the knowledge base for engineering specialisations.

Engineering problem means a problematic situation that is amenable to analysis and

solution using engineering sciences and methods.

Ill-posed problem means a problem whose requirements are not fully-defined or may
be defined erroneously by the requesting party;

Integrated performance means that an overall satisfactory outcome of an activity

requires several outcomes to be satisfactorily attained, for example a design will
require analysis, synthesis, analysis of impacts, checking of regulatory conformance
and judgement in decisions.

Level descriptor means a measure of performance demands at which outcomes

must be demonstrated.

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Management of engineering works or activities means the coordinated activities

required to:
1. Direct and control everything that is constructed or results from construction or
manufacturing operations;
2. Operate engineering works safely and in the manner intended;
3. Return engineering works, plant and equipment to an acceptable condition by
the renewal, replacement or mending of worn, damaged or decayed parts;
4. Procurement within engineering works or operations
5. Direct and control engineering processes, systems, commissioning, operation
and decommissioning of equipment;
6. Maintain engineering works or equipment in a state in which it can perform its
required function.
Outcome
At the professional level, means a statement of the performance that a person must
demonstrate in order to be judged competent.

Over-determined problem means a problem whose requirements are defined in

excessive detail, making the required solution impossible to attain in all of its aspects.

Practice area means a generally recognised or distinctive area of knowledge and

expertise developed by an engineering practitioner by virtue of the path of education,
training and experience followed.

Range statement means the required extent of or limitations on expected

performance stated in terms of situations and circumstances in which outcomes are
to be demonstrated.

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2. Demonstration of Competence
Competence must be demonstrated:
Within complex engineering activities, defined below, by integrated performance of
the outcomes defined below at the level defined for each outcome.
Required contexts and functions may be specified in the applicable Discipline Specific
Guidelines.

2.1 Level Descriptor

Complex engineering activities (CEA) have several of the following
characteristics:
1. Scope of activities may encompass entire complex engineering systems or
complex subsystems;
2. A context that is complex and varying, is multidisciplinary, requires teamwork,
unpredictable, may need to be identified;
3. Requires diverse and significant resources: including people, money,
equipment, materials, technologies;
4. Significant interactions exist between wide- ranging or conflicting technical,
engineering or other issues;
5. Are constrained by time, finance, infrastructure, resources, facilities, standards
& codes, applicable laws;
6. Have significant risks and consequences in a range of contexts
Activities include but are not limited to:
1. Design;
2. Planning;
3. Investigation and problem resolution;
4. Improvement of materials, components, systems or processes;
5. Implementation, manufacture or construction;
6. Engineering operations;
7. Maintenance;
8. Closure or disposal;
9. Project management; &
10. Research, development and commercialisation.

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3. Group A Outcomes: Engineering Problem

Solving

3.1 Outcome 1
Define, investigate and analyse complex engineering problems: Complex
Engineering Problems have the following characteristics:
1. Require in-depth fundamental and specialised engineering knowledge;
and one or more of:
1. Are ill-posed, under- or over-specified, requiring identification and refinement;
2. Are high-level problems including component parts or sub problems;
3. Are unfamiliar or involve infrequently encountered issues;
and one or more of:
1. Solutions are not obvious, require originality or analysis based on
fundamentals;
2. Are outside the scope of standards and codes;
3. Require information from variety of sources that is complex, abstract or
incomplete;
4. Involves wide-ranging or conflicting issues: technical, engineering and
interested or affected parties;
and one or more of:
1. Requires judgement in decision making in uncertain contexts;
2. Have significant consequences in a range of contexts.

3.1.1 Range Statement

The problem may be:
1. A design requirement,
2. An applied research and development requirement, or
3. A problematic situation in an existing component, system or process.
This outcome is concerned with the understanding and judgement of a problem;
Outcome 2 is concerned with the solution.

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3.2 Outcome 2
Solving problems:
Design or develop solutions to complex engineering problems.

3.2.1 Range Statement

The solution may be
1. The design of a component, system or process; or
2. A recommendation of the remedy to a problematic situation.

3.3 Outcome 3
Comprehend and apply advanced knowledge:
1. Principles,
2. Specialist Knowledge,
3. Jurisdictional and
4. Local Knowledge.

3.3.1 Range Statement

Applicable knowledge includes:
1. Specialist knowledge that has depth in the practice area and is underpinned by
the fundamental knowledge of an engineering discipline or cross-disciplinary
area. In-depth specialist knowledge in practice area supports a fundamentals-
based, first principles analytical approach, building models as required.
2. A working knowledge of interacting disciplines (engineering and other) to
underpin teamwork.
3. Jurisdictional knowledge includes legal and regulatory requirements as well as
locally relevant codes of practice. As required for practice area, a selection of:
law of contract [Contract law, p50], health and safety, environmental,
intellectual property [Intellectual Property, p38], contract administration, quality
management [Standards and Regulatory requirements, p65], risk
management, maintenance management, regulation, project and construction
management.

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4. Group B Outcomes: Managing Engineering

Activities

4.1 Outcome 4
Manage:
Part or all of one or more complex engineering activities.

4.1.1 Range Statement

Management:
Is directed at achieving engineering results through management of people,
resources, processes, systems and money and involves:
1. Planning of complex engineering activities;
2. Organising complex engineering activities;
3. Leading engineering activities;
4. Controlling complex engineering activities;

4.2 Outcome 5
Communicate
Clearly with others in the course of his or her engineering activities.

4.2.1 Range Statement:

Communication involves:
1. Strategic, managerial, technical and wider impacts of engineering work.
2. Material communicated includes concepts, analyses, proposals and informative
subjects.
3. The audience includes peers, superiors, and persons implementing designs
and other work, persons in other disciplines, clients and wider stakeholders.
4. Communication functions must be performed reliably and repeatedly.

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5. Group C Outcomes: Impacts of Engineering

Activity

5.1 Outcome 6
Effect of engineering activities
Recognise and address the reasonably foreseeable social, cultural and environmental
effects of complex engineering activities.

5.2 Outcome 7
Legal and other Requirements
Meet all legal and regulatory requirements and protect the health and safety of persons
in the course of his or her complex engineering activities.

5.2.1 Range Statement for outcomes 6 and 7:

Impacts and Regulatory requirements include:
1. Direct and indirect, immediate and long-term effects of engineering solutions;
2. Application of principles of sustainability;
3. Regulatory requirements that are explicit for the context and are generally
applicable.

6. Group D Outcomes: Exercise judgement, take

responsibility & act ethically

6.1 Outcome 8
Ethics
1. Conduct engineering activities ethically.
2. Range statement: Ethical behaviour is at least that defined by the Code of
Conduct. [Theme 3]

6.2 Outcome 9
Sound Judgement
Exercise sound judgement in the course of complex engineering activities.

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6.2.1 Range Statement for Outcomes 8 and 9

Judgement in decision making involves:
1. Taking diverse, wide ranging risk factors into account; or
2. Significant consequences in a range of contexts; or
3. Wide ranges of interested and affected parties with widely varying needs.

6.3 Outcome 10
Responsibility
Be responsible for making decisions on part or all of complex engineering
activities.

6.3.1 Range Statement:

Responsibility exercised for outcomes of significant parts of one or more complex
engineering activities.

7. Outcomes: Continuing Professional

Development

7.1 Outcome 11
Professional development (CPD)
Undertake professional development activities sufficient to maintain and extend his
or her competence.

7.1.1 Range Statement:

Professional development involves:
1. Planning own professional development strategy;
2. Selecting appropriate professional development activities; and
3. Recording professional development strategy and activities;
4. While displaying independent learning ability

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8. Code of Conduct for Registered Persons

Class Notes
URL of the Code of Conduct:
https://www.ecsa.co.za/regulation/RegulationDocs/Code_of_Conduct.pdf
Dated 17-03-2017: Government Gazette
It is advisable to rather download the above document for study purposes as it is the
complete version of the Code of Conduct.

8.1 Origin
Standing of the Rules of Conduct
The Rules of Conduct for Registered Persons were gazetted on 17 March 2017, Nr.
40691.
The rules published fall within the Engineering Profession Act, 2000 (Act No. 46 of
2000).
This means it is regulatory, not optional.

8.2 Objectives
The objectives of this Schedule are to 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.

8.3 Definitions
In terms of the 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; In terms of the Code of Practice …:
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“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;

In terms of the Code of Practice …:

“the Act”: means the Engineering Profession Act, 2000 (Act No. 46 of 2000); and

“work”: means any engineering work normally carried out by Registered Persons in
the practice of their profession.

8.4 Rules of Conduct: Ethics

8.4.1 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.

8.4.2 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:

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(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;

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(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.

8.4.3 Public Interest [3(3)]

Registered Persons 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.

8.4.4 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.

8.4.5 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;

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(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.

8.5 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
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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.

8.6 Public Finance Management Act

As gazzeted by the Public Finance Management Act (Act No: 1 of 1999)
https://www.gov.za/sites/default/files/gcis_document/201409/a1-99.pdf

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

8.7 Tests
Evaluate your actions by applying the following tests which are applicable beyond the
profession as well:
1. Harms Test Do the benefits outweigh the harms,
short term and long term?
2. Reversibility Test Would I think this was a good choice if I
traded places?

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3. Colleague Test What would my professional colleagues

say?
What does my professional code of
ethics say?
4. Legality Test Would my choice violate a law or policy
of my employer?
5. Publicity Test How would my choice look on the front
page of tomorrow’s newspaper?
6. Common Practice Test What if everyone behaved this way?
7. Wise Relative Test What would my wise old aunt or uncle
do? and/or
Would I want them to know what I’m
doing?
8. The Hiding Test Do I want people to know what I’m
doing?
9. The Self-Respect Test How will I feel about myself after making
this choice?

8.8 Reference
ECSA Code of Conduct
Public Finance Management Act

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Theme 3.3: Voluntary Associations
Department of Mining Engineering

IPI 410: Engineering Professionalism

Lecturer: Mr PL Ngwenyama

Last Revision: 2022

© Copyright reserved

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As related to the List of Voluntary Associations recognised by the Council in terms of

Section 25(3), Engineering Professions Act, 2000 and rules for recognition as a
Voluntary Association as part of Section 36(1), Engineering Professions Act, 2000.

Voluntary Associations (VAs) are generally,

• Formed by members who come together voluntarily for the benefit of a
discipline
• Constituted by members who work as a matter of choice, not by force
• Constituted by members who can continue for duration of choice as long as
responsibilities are met
• Constituted by members who can leave by choice
• Managed and governed by a constitution drawn up by the members
• Office bearers hold office for a period/term and may be under contract

1. Background
VAs are generally associations formed by a group of individuals who voluntarily enter
into an agreement to form a body (or organisation) to work together for the benefit of
a discipline or sub-discipline.

Voluntary Associations within the engineering discipline in South Africa is regulated by

ECSA and have to satisfy criteria as per the Engineering Professions Act to be a
recognised VA.

2. Definition

Definition of ‘association’ as per the Engineering Professions Act, 2000, means an

institute, institution, association, society or federation established by engineering
practitioners to promote their collective professional and/or business interests.

Definition of ‘Voluntary Association’ within the engineering discipline as per the

Engineering Professions Act, 2000, means an association recognised by the
Engineering Council as a voluntary association in terms of section 25(3).
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3. Categories of VAs

3.1 Category A
Associations whose membership consists of natural persons, and are,
Practicing in any particular discipline or sub-discipline of engineering
Practising in any particular category of registration contemplated in the Engineering
Professions Act, 2000.
Examples discussed in class. Additionally refer to list of Voluntary Associations for
detailed list.

3.2 Category B
Association whose membership consists of juristic persons, including sole proprietors,
who are engaged in carrying out work of an engineering nature.
Examples discussed in class. Additionally refer to list of Voluntary Associations for
detailed list.

4. Types of membership in VAs

Possible membership grade within a VA includes,
• Student member
• Associate member
• Member
• Senior member
• Honorary member, life or fellow (mostly based on exceptional contribution to
the profession or discipline)
Membership category is mostly dependent on
• Educational Background (Basic & higher)
• Professional Experience
Membership fees vary depending on membership grade

5. Membership benefits
There are a range of benefits that are on offer from being a member of a relevant VA.

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Benefits for student grade memberships (depending on VA) include;

• Industry contacts
• Bursary information
• Lectures on latest development within disciplines
Benefits for other grade memberships (depending in VA) include;
• Mentors
• Business networks
• CPD activities such as lectures on latest development within disciplines
• Reduced professional registration fees

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Theme 4: Risk - Applying decision
making under uncertainty

Department of Mining Engineering

IPI 410: Engineering Professionalism

Lecturer: Mr PL Ngwenyama

Last Revision: 2022

© Copyright reserved

© 2022 University of Pretoria

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1. Purpose
This unit aims to introduce risk management in making decisions under uncertainty.

Outcomes
➢ Introduction
➢ Understanding decision making
➢ Elements of decision making
➢ Influence of risks on decision making
➢ Concepts of risk
➢ Risk management
➢ Ethical decision making

2. Introduction
The world is becoming more volatile, uncertain, complex and ambiguous and this is
collectively known as VUCA. There is a greater need for timeous and accurate
information for enhanced decision-making in our daily lives and business operations.
However, decisions are always associated with limitations of data and the
unavailability of future knowledge. Unfortunately, there is no tool or technique that can
be used to accurately model the future with a high level of confidence and precision.
The application of mathematics and statistics has guided people in building principles
of rational decision-making through probability models and historical data for predictive
modelling. And recently, there has been emerging careers such as futurists that can
attempt to model the future to enhance strategic decision making. Yet, it is still
impossible to model the future as accurately as we wish.

Decision-making is collectively a combination of science and art; however, most

practitioners have a challenge in combining science and art in decision-making.
Hence, this makes it difficult to make decisions without human biasness. Decision
making is influenced by biases and uncertainty associated with the outcomes. Some
practitioners say that decision is about hunch, experience and luck, whereas most
scholars believe that it is an art or science.

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The dilemma of decision making is also found in the engineering industries. It involves
the lives of the people and the state of the country's economy. The decision-maker in
the engineering industries should be able to deal with the outcome of the decision.
The result influences the safety of personnel and the sustainability of the business.
Every decision is associated with the uncertainty of the outcome; it bears risks.

In most cases, it is impossible to control the outcome of the decision. However, it is

possible to improve the decision-making process, which increases the chances of
achieving the desired outcome. Improving the process of decision making requires an
understanding of any events that could hinder decision making from achieving the
desired outcome and those referred to as risks.

3. Decision making
Decision making is the process of trading-off available options in order to achieve the
desired outcome. People make decisions every day in their lives and businesses in
order to achieve a certain level of outcomes. It is a process undergone in order to
achieve the desired outcome. The input to the process is data and information used
to minimise uncertainty associated with the process. However, not every piece of data
and information can reduce uncertainty. Depending on the context, additional data and
information can increase uncertainty resulting in confusion and analysis paralysis.

It is important to identify required data and information to optimise decision-making. It

is also essential to acknowledge that there may never be 100% of required information
without uncertainty in decision-making. The possible outcome of the decision making
could be known or unknown; and it cannot be precisely predicted. The outcome of the
decision could be luck. It is important to realise that a good decision does not
necessarily yield a good outcome, or opposite in terms of making the bad decision.
There is no relationship between the decision-making process and the outcome.

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3.1 What is decision making and why is it important?

A good decision is taken in the presence of the best available data and information,
and can still be made even after the outcome is bad or good. It is a decision that can
be justified with rationality despite the outcome. A good decision gives us comfort in a
decision and is easily reproducible. A decision outcome requires accountability and
responsibility, and at some point, lives and business sustainability are affected.
Decision outcomes may lead to litigation; it is important to prove reasonability
(reasonable person) through good decision making.

3.2 Decision making in engineering

Engineering involves the application of science and technology to improve society.
However, that can include taking risky decisions. Typical risky decision taken in
engineering are as follow, but not limited to;
• Plant and machinery design and building
• Mining operations
• Development of information technology
• Infrastructure design and building, e.g. Bridge
• Development of military weapons (like nuclear bombs)
• System optimisation for supply chain
• Power generation and supply
• Material selection for engineering developments

Multiple associated uncertainties that are occurring simultaneously and can influence
each other. However, operations and projects leaders need to take decisions under
those environments. The challenge is that the impact associated with undesired
outcomes could result in the financial loss, loss of lives, injuries, environmental
damage, loss of stakeholder relations, and reputational damage. In an environment
with such uncertainty happening simultaneously, there is a need for relevant and
timeous data and information regarding the decision taken. In theory, data analysis
and information analysis should be objective; however, the challenge is that decisions
in business and operational are taken by people. As such, biases and the quality of
data and information influence decision-making.

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3.3 Elements of good decision making

Decision-making is analysing data and information to achieve the desired outcome.
However, to make a good decision, analysis of data and information needs to be
objective and convincing. A decision-maker would repeat the decision if they find
themselves with the same data and information despite hindsight; this implies that
characteristics of a good decision are as follow;
• Relevant and timeous data and information
• Objective analysis
• Cognisant of subjective analysis (biases)
• Have no control of the outcome
• Repeatable given same outcome
• Luck influence outcome

3.4 Influence of risk on decision making

Decision making is a process done to yield an uncertain outcome. The outcomes
should be linked with desired objectives. As such, the effect of outcome on uncertainty
of the objective is referred to as risk according to ISO 31000. Decision making should
be placing much emphasis on the risk as compared to the outcome. This does not
mean that the outcome should be neglected. It simply means that focus should only
be on things that can be controlled. It is in the process of risk identification that
opportunities are also identified.

4. Concept of risk
The term risk is widely used in different fields ranging from safety, finance, operations
(and engineering), businesses and etc. As such, it is used differently. This is used to
guide the decision-making process. Risk can be classified as pure or speculative. Pure
risks do not have chances of gaining, while speculative risk has all chances of loss,
gain or no change. Pure risk is mostly related to health and safety events, while
speculative risks include projects, business, operations, markets, and finances.

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Mathematically speaking, the risk is a product of the probability of loss and magnitude
of loss. Risk can either be assessed qualitatively or quantitatively. The qualitative
approach includes a subjective assessment to rank risks relative to each other. The
quantitative approach should make use of objective analysis of numbers. However, it
should be realised that subjective analysis is affected by heuristic biases, and
objective analysis is only theoretical.

5. Risk management
Several standards govern the risk management process, such as ISO31000 and
COSO. However, the approach that is used here is ISO3100.

http://broadleaf.com.au/resource-material/risk-assessment-and-risk-treatment/

Risk Identification Tools and Techniques

• Bowtie
• HIRA
• FMIA
• HAZOP
• Brainstorming
• Delphi
• 5 why
• Root Cause Analysis
• Cost Benefit Analysis

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Managing Risk with 5 T's

• Transfer
• Tolerate
• Treat
• Terminate
• Take – (opportunity)

6. Ethical decision making

Ethics are systematised as moral principles that govern individuals' identities and
values. The environment normalised shapes them and the teachings one is exposed
to as they grow. Hence, the beliefs and culture of an individual play a huge role in
shaping the moral principle. There is a saying that there is always a grey area between
ethics and law. However, there is also an argument that most laws are derived from
moral principles or philosophies, which also governs ethics. In an organisation,
decisions are taken by an individual, which can contribute to the business's inherent
risk. When a decision is based on law, the most common associated risk is non-
compliance. However, ethical decisions can bring different risks depending on the
people affected by the decision. This includes risks such as:
• Reputational damage
• Fraud and theft
• Lies
• Misconduct
• Emotional abuse of other colleagues
• Loss of lives
• Business liquidation
• Increasing conflicts

Engineers are constantly faced with both legal and ethical decision making. Law is not
as complex as ethics; as such, engineers always find themselves in dilemmas when
making decisions. Suppose the risk exposure brings complex decision making, the
engineer needs to remember the Code of Conduct as stipulated by ECSA. There is no
one perfect solution when risk affects moral principles. However, the Code of Conduct
and Professional body helps guide the decision, protect your legal interest, and
minimise ethical impact.
© 2022 University of Pretoria 6
Theme 5: Intellectual Property
Department of Mining Engineering

IPI 410: Engineering Professionalism

Lecturer: Mr PL Ngwenyama

Last Revision: 2022

© Copyright reserved

© 2022 University of Pretoria

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Richard Posner, Judge of the U.S. Court of Appeals:

“The future of a nation depends in no small part on the efficiency of industry, and the
efficiency of industry depends in no small part on the protection of intellectual
property.”
Disclaimer
1. The author/presenter is not a legal practitioner and the contents of this
presentation should be viewed as introductory material identifying legal
aspects of the intellectual property field important to a typical
engineering/scientific environment. Under no circumstances must this material
be viewed as a professional legal opinion. The intellectual property field is
highly complex and it is impossible to cover the field in all of its detail in this
presentation.
2. All the material contained herein originates from the relevant South Africa
Laws pertaining to intellectual property and relevant sections of international
legal conventions and/or agreements that South Africa subscribes to.

1. Defining IP
1. Under SA Law there is no single law that protects “Intellectual Property”.
2. Intellectual Property is a collective term that refers to the protection of a
variety of human intellectual endeavours, which are protected under different
laws.
3. South African laws that are relevant are:
(a) Copyright Act 98 of 1978, as amended;
(b) Trade Marks Act 194 of 1993;
(c) Patents Act 75 of 1978;
(d) Patents Amendment Act 20 of 2002; &
(e) Designs Act 195 of 1993.

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1.1 International Picture

1. Important to realise that South African Law does not stand in isolation, but is
in many ways written to be in harmony with a variety of international laws and
conventions that the RSA subscribes to
1.1. Berne Convention for the Protection of Literary and Artistic Works
(1971) first adopted in 1886; this is administered by the World
Intellectual Property Organisation “WIPO”, Geneva, Switzerland. Some
164 countries agreed to this convention, including the RSA
1.2. Paris Convention for the Protection of Industrial Property (1883, as
amended 1979) agreed to between 173 signatories, including the RSA
1.3. Agreement on Trade-related Aspects of Intellectual Property
Rights (1995) also known as the ‘TRIPS Agreement’, administered by
the WTO (as a result of the General Agreement on Tariffs and Trade
(‘GATT’))
1.4. WIPO Copyright Treaty (‘WCT’) (1996)
2. Also, important to note that various RSA IP Laws make direct reference to
some of these, notably the Berne Convention, the Paris Convention and
TRIPS!

1.2 RSA Constitution

1. Note that IP rights are not specifically covered by the SA Constitution
2. A good example is the much-publicised case of Laugh It Off Promotions CC
vs. South African Breweries International BV (CLT4204, SA Constitutional
Court)
3. Here the Court was asked to decide on the two rights of IP Protection and
Freedom of Speech. The Court found that:
a. The two rights have equal status
b. And, balancing them against each other found
c. The Right to Freedom of Expression overrides the IP Rights of SAB
d. This was criticised extensively by the legal profession as it could have
serious effects on the rights of business to act and deal with their
propriety rights as they see fit and be protected by the various IP laws.

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The judgement also would have serious effects on the status and
image of certain Trade Marks in the public mind

1.3 Examples
Justice Dikgang Moseneke, handing down a unanimous judgement in the
Constitutional Court, found that SAB had not proved that Laugh It Off had infringed
on the brewery’s trademark with the message on its T-shirts.

The following images are as they appear on the Laugh It Off website and although
clearly being based on well-known Trade Marks seem to be now impossible to
legally prohibit and some appear to be clearly defamatory.

Figure 5.1: Logo Knock-offs

1.4 Summary
1. It is evident that intellectual property is a complex topic and that it is governed
by a number of laws as well as international conventions.
2. SA industry tends to view this not as a major aspect of doing business, and in
some cases have paid a heavy penalty by losing its exclusive rights to
competitors much more astute to the real value of a company’s IP.
3. Note that Intellectual Property is normally TERRITORIAL. But international
protection can be achieved by way of various international conventions and
agreements that the RSA subscribes to. (e.g. the Berne and Paris Convention
states that a national of any of the member states will enjoy the same protection
in any of the member states than in his/her own state, also holds for permanent
residents of a member state).

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2. Trade Marks™
1. A trade mark is a distinctive sign or indicator used by an individual, business
organisation, or other legal entity to identify that the products or services to
consumers with which the trade mark appears originate from a unique source,
and to distinguish its products or services from those of other entities.
2. A trade mark is typically a name, word, phrase, logo, symbol, design, image, or
a combination of these elements. There is also a range of non-conventional
trademarks comprising marks which do not fall into these standard categories,
such as those based on colour, smell, or sound.
3. The owner of a registered trade mark may commence legal proceedings for
trade mark infringement to prevent unauthorised use of that trade mark.
4. However, registration is not required. The owner of a common law trade mark
may also file suit, but an unregistered mark may be protectable only within the
geographical area within which it has been used or in geographical areas into
which it may be reasonably expected to expand.

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

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2.2 Examples

Burberry Check Pattern, Distinctive liquor bottle

registered by Burberry as a shape
Trade Mark

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2.3 Distinctive Shapes

Nestle’s KitKat™ shape was distinct in 1935, but

now is no longer distinct and is seen as functional
by the public (Aldi Stores v. Nestle, 2009).

2.4 Colours
Orange (the cellular co.) registered Orange Pantone No 151 as a Trade Mark and is
currently taking legal action against those who it believes transgresses against its
trademark.

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2.5 Value of a Trademark

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)

2.6 Must a trademark be registered?

1. By doing so you will strengthen your ownership claim (use ®)
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.

2.7 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”.
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2.8 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; &
5. Confiscation of all products carrying the infringing mark.

2.9 A Legal Example

McDonald’s Corporation v. Joburgers Drive-Inn Restaurant (Pty) Ltd in the Supreme
Court of South Africa, 1996. Case No. 547/95, 1996.
1. McDonald’s obtained registration of its trade marks in South Africa in 1968,
1974, 1979, 1980, 1984 and 1985. It is now the registered proprietor of fifty-two
marks. Of these, twenty-seven consist of or incorporate the word “McDonald”
or “McDonald’s”. Also, used is the letter “M” in the form of so-called golden
arches, with or without the word “McDonald’s”. Others consist of the words BIG
MAC, EGG McMUFFIN and McMUFFIN. There are also two clown devices.
2. When the case proceedings commenced, McDonald’s had not traded in South
Africa nor had it used any of its trade marks here.
3. During 1992 Mr Sombonos (owner of Chicken Licken) on behalf of Joburgers
decided to establish fast food outlets and restaurants using the trade marks
McDonald’s, BIG MAC and the golden arches design. In 1993 Mr Sombonos
applied for the registration of these and some other McDonald’s marks. At the
same time he applied to the Registrar of Trade Marks in terms of Section
36(1)(a) and (b) of the Trade Marks Act, No. 62 of 1963 (“the old Act”) for the
expungement of the trade marks which are held by McDonald’s. McDonald’s
opposed these applications and filed its counter-statements in the
expungement applications during August 1993. During the same period
McDonald’s applied again for the registration of all the trade marks in its name.
4. In this case the Court found: The First and Second Respondents are hereby
interdicted and restrained, with costs, from imitating, reproducing or translating
in the Republic of South Africa any of the Applicant’s trade marks in which the
word McDonald or McDonald’s appears.

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3. Copyright©
1. The following can be protected by 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
2. E.g. in Golden China TV Game Centre & Others v 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.

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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 co-authors, 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…)

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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-
© 2022 University of Pretoria 11
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examining” patent office making it unlikely that patent applications for software will be
rejected. This is currently attracting attention from the SA Government which is
seemingly set against software patenting …

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?
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.

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3. A UK case (Sterling Engineering Co Ltd v. Patchett, 1955, 72 RPC 50 at 58)

found:
“No doubt the respondent was the inventor and in the ordinary case the benefit of an
invention belongs to the inventor. But at the time when he made these inventions he
was employed by the appellants as their chief designer, and …it is inherent in the legal
relationship of master and servant that any product of the work which the servant is
paid to do belongs to the master: I can find neither principle or authority for holding
that this rule ceases to apply if a product of that work happens to be a patentable
invention. Of course, as the relationship of master and servant is constituted by
contract the parties can, if they choose, alter or vary the normal incidents of the
relationship, but they can only do that by express agreement” (Lord Reid)
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.

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”
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:
“If the employee was directed by his employer to apply his energies to the inventive
concept in issue and refused to do so, would the employee be in breach of his contract
of employment? If so, then one could probably conclude that the invention was made
in the course and scope of the employee’s employment.”
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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.

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 ROAD TO REGISTRATION
(Candidacy & Professional)
ENGINEERING COUNCIL
OF SOUTH AFRICA
2022

SRM_TEM_009 Rev 0
TABLE OF CONTENTS

❑ Regulatory Context

❑ Built Environment Landscape

❑ Regulation of the Engineering Profession:

❑ Relationship with the Voluntary Associations (VAs)

❑ Role Players related to Registration

❑ Professional Development Model

❑ Registration Requirements

❑ Registration Requirements (Cont’d)

2
SRM_TEM_009 Rev 0
REGULATORY CONTEXT
Section 22: Constitution of the Republic of South Africa (the supreme law of the country) refers
that:
“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, 2000 (EPA) (Act No. 46 of 2000)
▪ EPA provided for the establishment of a juristic person to be known as the Engineering
Council of South Africa (ECSA)
▪ Registration is a tool by which ECSA regulates the profession

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3
BUILT ENVIRONMENT LANDSCAPE

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4
REGULATION OF THE ENGINEERING PROFESSION
Governance
Department of Public Works &
Infrastructure (DPW & I) • Executive Authority
Ministry

Council for the Built Environment • Accounting Authority that coordinates six (6) Councils for the
(CBE) Built Environment Professions

*ECSA Council • Accounting Authority

ECSA CEO • Accounting Officer

*ECSA is a statutory body established in terms of the Engineering Profession Act, 2000 (Act No.
46 of 2000), and derives its mandate and responsibilities from the Act.

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5
 HOW ECSA REGULATES THE ENGINEERING PROFESSION
Registration in the value chain

Research,
policy, Accreditation, Continuing
Professional Professional
standards and Registration conduct
procedures’ and quality Development
management (CPD)
development assurance

REF:
Engineering Profession Act, 2000 (Act No. 46 of 2000) (EPA),
ECSA Website & Annual Report 2019/20
6
HOW ECSA REGULATES THE ENGINEERING PROFESSION (Cont’d)
Categories of Registration

Consideration for this Virtual Panel is

✓ ✓ “only” on the applications that are for
the following categories:
✓ – Professional Engineer,
– Professional Engineering Technologist,
&
– Professional Engineering Technician.

REF: Engineering Profession Act, 2000 (Act No. 46 of 2000) (EPA)

7
REGISTRATION REQUIREMENTS
Categories of Registration

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PROFESSIONAL DEVELOPMENT MODEL
5 - Yearly Renewal
of Professional STAGE 3:
Registration Practice •Observe Code of Conduct
•Maintain Competence through CPD
•Pay Annual Fees
Professional Registration

Training STAGE 2:
and •Meet Standard for
Experience Professional Competency

Candidate Registration
Graduation STAGE 1:
•Meet Standard for
Accredited
Engineering Education
Programme

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 COMMON REQUIREMENTS FOR ALL APPLICANTS
❑ To attain registration in a Candidate category, an applicant must demonstrate that
he/she:
▪ Meets the educational requirements for the category.

❑ The educational requirements may be met by:

▪ Holding an ECSA-accredited qualification or an acceptable combination of accredited
qualification(s) prescribed for the category; or
▪ Holding a qualification or a combination of qualification(s) recognised under an
international agreement (i.e. the Educational Accords under the auspices of the
International Engineering Alliance (IEA) relevant to the category; or

REF: R-01-POL-PC, R-03-PRO, R-04-P & E-17-PRO

1
0
 COMMON REQUIREMENTS FOR ALL APPLICANTS (Cont’d)
▪ Holding a qualification or a combination of qualifications that have been determined by
case-by-case evaluation to satisfy criteria for substantial equivalence to an accredited
qualification for the category; or
▪ present a combination of evidence determined by ECSA for the category that indicates
an individual level of educational achievement against criteria demonstrating that it is
substantially equivalent to an accredited qualification.

REF: R-01-POL-PC, R-03-PRO, R-04-P & E-17-PRO

1
1
 COMMON REQUIREMENTS FOR ALL APPLICANTS (Cont’d)
❑To attain registration in a Professional category, an applicant must demonstrate that
he/she:
▪Meets the educational requirements for the category.
▪Demonstrates competent performance against the prescribed standards for
registration in the category.

▪ It is deemed unlikely that competency can be developed in less than three years
and demonstrated at the required level, hence as per the provisions of EPA, ECSA
had prescribed the period before applying for professional registration as
minimum three years (Section 7.3.2 of R-04-P).
REGISTRATION REQUIREMENTS
Education and Training Experience
CATEGORY OF EDUCATION TRAINING AND EXPERIENCE
PROFESSIONAL
REGISTRATION
Pr Eng 4 years 3 years
5 years 3 years
Pr Tech Eng 3 years 4 years
4 years 3 years
Pr Techni Eng 2 years 4 years
3 years 3 years
Note: Academic programmes must be accredited, recognised or evaluated as
substantial equivalent, with individual assessments where required.

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© ECSA
 MEETING EDUCATIONAL REQUIREMENTS (Cont’d)
Alternative Route
Other South African qualifications that are recognised for Registration as a
Candidate or Professional Engineering Technician
Before 1971 1971 – 1980 Post 1980
Years Responsible Years Responsible Years Responsible
Name Name Name
Experience Experience Experience Experience Experience Experience
ATC1/NTC4 8 1 NCT/NND 6 1 N4 8 1
ATC2/NTC5 7.5 1 NHCT 6 1 N5 7.5 1
NTD/NED 6 1 ID 6 1 N6 7 1
NDip Tech 3 1 NDT 3 1 NTD/NNDip 6 1
NHDT (Only Elec Adv Cert (Eng)
3 1 MDipTech 3 1 4 1
& Mech) (Benchmark)
No Tertiary Adv Cert (Eng
T1 (Cert) 11 8.5 4 1
Qualification & 10 1 Prac) (Benchmark)
N3 T1 (Dip) 8 1 NDip (Benchmark) 3 1
Dip Eng
T2 (Cert) 7.5 1 3 1
(Benchmark)
Dip Eng Tech
T2 (Dip) 6 1 3 1
(Benchmark)
HNDip 3 1
BTech 3 1
14
14 Adv Dip Eng 3 1
REF: ECSA Archives and Qualification Standards BEng Tech 3 1
 MEETING EDUCATIONAL REQUIREMENTS (Cont’d)
Alternative Route
Other South African Qualifications that are recognised for Registration as a
Candidate or Professional Engineering Technologist
Before 1971 1971 – 1980 Post 1980
Years Responsible Years Responsible Years Responsible
Name Name Name
Experience Experience Experience Experience Experience Experience
ATC1/NTC2 14 10 NCT/NND 10 6 N4 14 10
ATC2/NTC5 13 9 NHCT 9 5 N5 13 9
NTD/NED 11 8 ID 11 7 N6 11 8
NDT 6 4 NDT 6 4 NTD 10 7
NHDT (Only Elec
5 3 MDipTech 3 1 AdvC ert (Eng) 8 5
& Mech)
No Tertiary
Adv Cert (Eng
Qualification & 20 10 T1 (Cert) 14 10 8 5
Prac)
N3
T1 (Dip) 13 9 NDip 8 5
T2 (Cert) 12 8 Dip Eng 8 5
T2 (Dip) 11 7 Dip Eng Tech 8 5
HND 6 4
BTech (Benchmark) 3 1
Adv Dip Eng
3 1
15 (Benchmark)
15 BEng Tech
REF: ECSA Archives and Qualification Standards 3 1
(Benchmark)
 REGISTRATION REQUIREMENTS
Documents that define the Registration System
Engineering
Council… Profession Council…
• must accredit programmes, Act, 2000 • must register a person who
• may recognise programmes (Act No. 46 of 2000) demonstrates competency
• may assess applicants referred to as “EPA” against standards

Prescribes Prescribes Explains

E-02-PE/PT/PN Qualification R-01-POL-PC Competency Competency R-08-PE/PT/PN/
Qualification Standards Registration Standards R-02-PE/PT/PN Standard Guide to
Standard Policy Competency Competency
Standard Standard

Alternative to Refers to
Accredited/Recognised Competenc Refers to
Prescribes
Programmes y Standard Guide
Procedures

E-17-PRO R-04-P R-05-Disc-

Recognition of R-03-PRO PE/PT/PN
Training and
Educational Application & Discipline
Mentoring Guide
Qualifications Assessment Specific Training
Process Guide
16
REGISTRATION REQUIREMENTS (Cont’d)
Category of Registration, Qualification and Level Descriptor
CATEGORY OF REGISTRATION QUALIFICATION (BENCHMARK) LEVEL DESCRIPTOR

Engineer • BSc(Eng)/BEng/BIng Solving complex engineering

• MEng problems and performing complex
engineering activities

Engineering Technologist • Adv Dip Eng Solving broadly-defined engineering

• BTech (Eng) problems and performing broadly-
• BEng Tech defined engineering activities

Engineering Technician • Adv Cert (Eng) Solving well-defined engineering

• Adv Cert (Eng Prac) problems and performing well-
• NDip defined engineering activities
• Dip Eng Tech
• Dip Eng

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© ECSA
REGISTRATION REQUIREMENTS (Cont’d)

Training period
▪ Minimum of three (3) years post qualification
▪ It generally takes longer than three (3) years to acquire competencies
▪ Imperative that training programmes are well developed, managed and
implemented by
employer registered under Commitment & Undertaking
▪ Spending time on a particular element or training without a qualitative objective
will not ensure achievement of the required level of competency for that level

SRM_TEM_009 Rev 0

18
REGISTRATION REQUIREMENTS (Cont’d)
Goal of the training programme
▪ The goal of the training programme is to allow the candidate to develop his/her
competence to the point of being able to demonstrate the outcomes at the required
level on a sustained basis and to take responsibility for the work performed.
Candidate’s role
▪ Candidates should appreciate that the onus rest on him/herself to ensure that the
training
received will culminate in the competency defined in the standards
Supervisor’s role
▪ The supervisor is the person who directs and controls the engineering work of the
candidate and who takes responsibility for the work in terms of Section 18(4) of the
EPA, 2000 (Act No. 46 of 2000).
▪ The supervisor is expected, together with the mentor and candidate, to plan the
training task by task to develop the candidate’s competence and to review the
achievements of each task.

SRM_TEM_009 Rev 0
19
REGISTRATION REQUIREMENTS (Cont’d)
Performance of functions and Competence
• Professional Engineering Practitioners are able to perform functions because of
their:
– Knowledge,
– Skills, and
– Attitudes

• Competence is developed by:

– Education,
– Training, and
– Experience

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REGISTRATION REQUIREMENTS (Cont’d)
Development of Professional Competence
• During the post graduate period of training and experience, the
applicant/candidate is in employment and works with and under the supervision of
qualified Engineering supervisors and professional mentors.

• A professional mentor guides the applicant/candidate’s professional

development (with assistance of the Engineering supervisor).

• Training process may involve structured activities, including induction and training
courses
on specific skills or technologies.

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REGISTRATION REQUIREMENTS (Cont’d)
Definition of Competence Outcomes
❑ Eleven (11) outcomes are defined and these are conveniently grouped in five (5) sets.

❑ The stem of each outcome is the same in the Competency Standards for:
▪ Professional Engineer,
▪ Professional Engineering Technologist, and
▪ Professional Engineering Technician.

❑ The Competency Standards are differentiated by the insertion of level descriptors

(defined
in the Competency Standards) at the locations shown by [level].

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REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group A – Engineering Problem Solving
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
A:1 Define, investigate and A:1 Define, investigate and A:1 Define, investigate and
A:1 Define, investigate and
analyse complex analyse broadly-defined analyse well-defined analyse specifically-defined
engineering problems engineering problems engineering problems engineering problems
A:2 Design or develop A:2 Design or develop solutions A:2 Design or develop A:2 Design or develop
solutions to complex to broadly-defined engineering solutions to well-definedsolutions to specifically-
engineering problems problems engineering problems defined engineering
problems
A:3 Comprehend and apply A:3 Comprehend and apply A:3 Comprehend and apply A:3 Comprehend and apply
knowledge: Principles, knowledge: Principles, knowledge: Principles, knowledge: Principles,
specialist knowledge, specialist knowledge, specialist knowledge, specialist knowledge,
jurisdictional and local jurisdictional and local jurisdictional and local jurisdictional and local
knowledge knowledge knowledge knowledge

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REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group B – Managing Engineering Activities
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
B:4 Manage part or all of B:4 Manage part or all of one or B:4 Manage part or all of B:4 Manage part or all of one
one or more complex of more broadly-defined of one or more well-defined or more specifically-defined
engineering activities engineering activities of engineering activities of engineering activities
B:5 Communicate clearly B:5 Communicate clearly with B:5 Communicate clearly B:5 Communicate clearly
with others in the course of others in the course of with others in the course with others in the course of
engineering activities engineering activities of engineering activities engineering activities

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REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group C – Impacts of Engineering Activities
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
C:6 Recognise and C:6 Recognise and addresses the C:6 Recognise and C:6 Recognise and addresses
addresses the reasonably reasonably foreseeable social, addresses the reasonably the reasonably foreseeable
foreseeable social, cultural and environmental foreseeable social, social, cultural and
cultural and effects of broadly-defined of cultural and environmental environmental effects of
environmental effects of engineering activities effects of well-defined of specifically-defined of
complex of engineering engineering activities engineering activities
activities

C:7 Meet all legal and C:7 Meet all legal and regulatory C:7 Meet all legal and C:7 Meet all legal and
regulatory requirements requirements and protect the regulatory requirements regulatory requirements and
and protect the health health and safety of persons in and protect the health and protect the health and
and safety of persons in the course of broadly-defined safety of persons in the safety of persons in the
the course of complex engineering activitieSsRM_TEM_009 Rev 0 course of well-defined course of specifically-
engineering activities engineering activities defined engineering
activities

25
REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group D – Act ethically, exercise judgement and take responsibility
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
D:8 Conduct engineering D:8 Conduct engineering D:8 Conduct engineering D:8 Conduct engineering
activities ethically activities ethically activities ethically activities ethically
D:9 Exercise sound D:9 Exercise sound judgment in D:9 Exercise sound D:9 Exercise sound judgment
judgment in the course of the course of broadly-defined judgment in the course of in the course of specifically-
complex engineering engineering activities well-defined engineering defined engineering
activities activities activities

D:10 Be responsible for D:10 Be responsible for making D:10 Be responsible for D:10 Be responsible for
making decisions on part or decisions on part or all of making decisions on part making decisions on part or
all of complex engineering broadly-defined engineering or all of well-defined all of well-defined
activities activities engineering activities engineering activities

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REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group E – Initial Professional Development
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
E:11 Undertake initial E:11 Undertake initial E:11 Undertake initial E:11 Undertake initial
development activities development activities development activities development activities
sufficient to maintain and sufficient to maintain and sufficient to maintain and sufficient to maintain and
extend his/her competence extend his/her competence extend his/her extend his/her competence
competence

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REGISTRATION REQUIREMENTS (Cont’d)
Degree of Responsibility
Progression of Responsibility
Level Nature of Work Responsibility Level of Support
A. Being Exposed Undergoes induction, observes No responsibility, accept to Mentor explains challenges
processes, work of competent pay attention and forms of solution
practitioners
B. Assisting Performs specific processes under Limited responsibility for Supervisor/Mentor coaches,
close supervision work output offers feed back
C. Participating Performs specific processes as Full responsibility for Supervisor progressively
supervised work reduces support, but monitors
directed with limited
outputs
supervision
D. Contributing Performs specific work with Full responsibility to supervisor Applicant/candidate
detailed approval of work for quality of work articulates own reasoning and
outputs compare it with those of
supervisor
E. Performing Works in team without supervision, Level of responsibility to Applicant/candidate takes on
recommends work outputs, supervisor is appropriate to a problem solving without
responsible but not accountable registered person support, at most limited
guidance
SRM_TEM_009 Rev 0
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REGISTRATION REQUIREMENTS (Cont’d)
Level of Development
Progression of Competency Level
a) Appreciation Applicants must indicate that they have a general appreciation of the subject matter.
b) Knowledge Applicants must indicate that they have sufficient knowledge of the subject matter.
c) Experience Applicants must indicate that they have, independently or under supervision, performed the
processes under consideration. Experience of the relevant techniques and functions must be
gained.

d) Capability Applicants must indicate that they have the capability, independently or (at most) with limited
guidance, of performing the process and making the decisions required and also that they have
the capability of leading or supervising others in the process.

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40
REGISTRATION REQUIREMENTS (Cont’d)
Solving Complex Engineering Problems
Table 1 : Characteristics of Complex Engineering Problems
STEP MAIN QUESTION CRITERIA
Step 1 Is the problem an engineering a) Does solving the problem require in-depth fundamental and specialised
Identify the engineering problem? engineering knowledge?
problem
Step 2 What is the nature of the b) The problem is ill-posed, under-or over specified and requires
Establish the level of problem? Does it have one or identification and refinement.
complexity of the initial more of the characteristics b, c c) The problem is a high-level problem and includes component parts or sub-
problem state or d? problems.
d) The problem is unfamiliar or involves infrequently encountered issues.
Step 3 What is encountered in the e) The solutions are not obvious and require originality or analysis based on
Determine the complexity solution process? Do solutions fundamentals.
of the solution path from have one of characteristics e, f) The solutions are outside the scope of standards and codes.
the initial state f, g or h? Solutions: g) The solutions require information from a variety of sources that are
complex, abstract or incomplete.
h) The solutions involve wide-ranging or conflicting issues such as technical
and engineering issues and interested or affected parties.
Step 4 What is involved in the i) Decisions require judgement in decision-making in uncertain contexts.
Determine the level of decision-making while solving j) Decisions have significant consequences in a range of contexts.
decision-making required the problem and evaluating the
and potential solution? Does it have one or
consequences more of the characteristics i
and j?
41
SRM_TEM_009 Rev 0
REGISTRATION REQUIREMENTS (Cont’d)
Solving Complex Engineering Problems
▪ The test for a complex engineering activity stated in R-02-STA-PE/PT/PCE/PN is based on
involvement in the six (6) descriptors illustrated in Table 2.
Table 2 : Complex Engineering Activities
Complex engineering activities are characterised by the following aspects:
a) The scope of activities may encompass entire complex engineering systems or complex subsystems and may extend beyond
previous experiences, i.e., unfamiliar scenarios.
b) Where the context of the activity is complex and requires identification and specification.
c) Requiring diverse and significant resources, including people and money.
d) Involvement of multiple facets such as equipment, materials and technology.
e) Significant and complex interactions between wide-ranging or conflicting technical, engineering and other issues.
f) Constraints and challenges with respect to time, finance, infrastructure, resources, facilities, applicable laws, standards and
codes.

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REGISTRATION REQUIREMENTS (Cont’d)
Solving Broadly-Defined Engineering Problems
Table 1 : Characteristics of Broadly-Defined Engineering Problems
STEP MAIN QUESTION CRITERIA
Step 1 Is the problem an engineering a) Does solving the problem require coherent and detailed engineering knowledge
Identification of the problem? underpinning the applicable technology area?
engineering problem
Step 2 Establishment What is the nature of the b) The problem is ill-posed, is under or over specified and requires identification
of the problem? Does it have one or and refinement into the technology area.
level of complexity of more of the characteristics b, c) The problem encompasses systems within complex engineering systems.
the initial problem statec and d? d) The problem is classified as falling within typical engineering requirements and
is solved in well accepted and innovative ways.
Step 3 What is encountered in the e) The problem can be solved by structural analysis
Complexity of the problem investigation and techniques/tools/methodologies.
problem path from the analysis process? Does it have f) Standards, codes and procedures must be applied to solve the problem, and
initial state one or more of the justification to operate outside these standards and codes must be provided.
characteristics e, f, g and h? g) The solutions require information from a variety of sources that are complex,
abstract or incomplete.
h) Involve set of interested and affected parties with defined needs to be taken
into account, including needs for sustainability.
Step 4 What is involved in the i) Practical solutions to the problem require knowledge and judgement in 47
Level of decision-making decision-making while decision-making in the practice area and require consideration of the interface
required and potential analysing the problem? Does with other areas.
consequences it have either or both j) Decisions have significant consequences that are important in the practice area
characteristics i and j? but may extend more widely.
SRM_TEM_009 Rev 0
REGISTRATION REQUIREMENTS (Cont’d)
Solving Broadly-Defined Engineering Problems
▪ The test for a broadly-defined engineering activity stated in R-02-STA-PE/PT/PCE/PN is based on
involvement in the six (6) descriptors illustrated in Table 2.
Table 2 : Broadly-Defined Engineering Activities
Broadly defined engineering activities are characterised by the following aspects:
a) The scope of the practice area is linked to the technologies used and the changes due to the adoption of new technology into
current practice.
b) The practice area is located within a wider, complex context; it requires teamwork and has interfaces with other parties and
disciplines.
c) Involve the use of a variety of resources, including people, money, equipment, materials and technologies.
d) Require the resolution of occasional problems arising from interactions between wide-ranging or conflicting issues such as
technical and engineering issues.
e) Constrained by available technology, time, finance, infrastructure, resources, facilities, applicable laws, standards and codes.
f) Having significant risks and consequences in the practice area and related areas.

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33
REGISTRATION REQUIREMENTS (Cont’d)
Solving Well-Defined Engineering Problems
Table 1 : Characteristics of Well-Defined Engineering Problems
Is the problem an engineering problem? Factors
Can the problem a) be solved mainly by practical engineering knowledge that is underpinned by
related theory?
What is the nature of the problem? Does it have one b) are largely defined but may require clarification;
of the characteristics, b, c or d? c) are discreet, focused tasks within engineering systems; and
d) are routine and frequently encountered and may be unfamiliar but in a
Problems familiar context.

What is encountered in the solution process? e) can be solved in standardised or prescribed ways;
Do the solutions have one of the characteristics, e, f, f) are encompassed by standards, codes and documented procedures (require
g or h? authorisation to work outside limits);
g) require information that is concrete and largely complete but require checking
Solutions and possible supplementation; and
h) involve set of interested and affected parties with defined needs to be taken
into account, including needs for sustainability.

What is involved in decision-making while solving the i) require practical judgement in the practice area of evaluating solutions and
problem and in evaluating the solution? considering interfaces with other role-players?
Does it have one of the characteristics, i or j? j) have consequences that are locally important but not far reaching (wider
impacts are dealt with by others)?
Do decisions
53
SRM_TEM_009 Rev 0
REGISTRATION REQUIREMENTS (Cont’d)
Solving Well-Defined Engineering problems
▪ The test for a well-defined engineering activity stated in R-02-STA-PE/PT/PCE/PN is based on
involvement in the six (6) descriptors illustrated in Table 2.
Table 2 : Well-Defined Engineering Activities

Well-defined Engineering Activities are characterised by the following aspects:

a) Scope of practice area is defined by the techniques applied and the techniques that are changed through the adoption of new
techniques into current practice.
b) Practice area is located within a wider, complex context and involves well-defined working relationships with other parties and
disciplines.
c) Work involves a familiar and defined range of resources, including people, money, equipment, materials and technologies.
d) Resolution of interactions manifested among specific technical factors with limited impact on wider issues is required.
e) Constrained by operational context, defined work packages, time, finance, infrastructure, resources, facilities, applicable laws,
and standards and codes.
f) Demonstrate risks and consequences that are locally important but are not generally far reaching.

SRM_TEM_009 Rev 0

35
 Process flow-diagram of
Candidates Registration Professionals SRM_TEM_009 Rev 0 05-10-2020

Administrative Administrative Screening

Screening Application with Educational
Application with Requirements
Complete
Educational Set Up & Conduct Interview
Requirements Set Up Experience Appraisal (EA) to elicit more information (2
(4 Registered Peers in the Category Registered Peers in the
& Discipline & Specialisation
Discipline of the Applicant) of the Applicant)

3+ CI 2+ CNI
Moderator recommends
Set Up EA Moderation Interview
(Panel of Moderators: 1–2 Registered Peers
in the Category & Discipline of the Kept in
Moderator sign Applicant) Abeyance
off
Conduct Professional Review (PR) &
Report (3 Registered Peers in the Assessments, which may
Category & Discipline of the Applicant) include interviews and
other processes that
2 or more positive Negative ECSA may determine.
recommendations
recommendations R-01-POL, Clause 8.14
Set Up PR Moderation
(2–3 Registered Peers in the Category & Discipline of
CEO Delegated
the Applicant) [Due Process] & Outcome Sign-off CBE
Approval to
Register/Refuse Report to CRC Report to CRC
Panel of Moderators will refuse
Central Registration If refusal, decision is
Register ECSA
Discussion & endorsement
appealed against Council
oversight

Refused
Registration Process Finalisation and applicant 24
Communication (Administration) can re-apply
REGISTRATION REQUIREMENTS (Cont’d)
Understanding the features of the ECSA Digital Registration
Certificate
Applicants
’ Names

Regi
tration Ca
ry

Reg ati
n Date

Current President
& O si ur
Reg tion
Number

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37
REGISTRATION REQUIREMENTS (Cont’d)
How to certify the ECSA Digital Registration Certificate
▪ ECSA Office Interim measure:
• Two legal persons in the ECSA offices can commission a copy of the digital certificate post
verification by the registration department
• This provision is found in Section 18 of the Electronic Communication and Transaction Act,
2002 (Act No. 25 of 2002)
▪ For any confirmation of registration and/or ECSA certificate, you can email:
• Mr Zweli Langa: Registration Officer: zwelibanzi@ecsa.co.za
• Ms Valentine Ndlovu: Manager: Registrations Department: valentine@ecsa.co.za

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38
IEA – INTERNATIONAL REGISTERS

▪ The international register is open to any ECSA-registered professional who meets the
requirements of the Competency Agreement as per IEA’s rules and procedures.
▪ ECSA maintains the international registers for Engineers, Engineering Technologists and
Engineering Technicians.
▪ These registers are regulated by the three (3) Competency Agreements namely:
• IPEA, IETA, and AIET
▪ Each member of the IEA keeps its own section of the international register within its
jurisdiction.

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39
REGISTRATION REQUIREMENTS (Cont’d)
IEA - International Registers
▪ If an ECSA registered persons are registered in the international register section of South
Africa, those registrants are entitled to use the following postnominals:
• International Professional Engineer – Int PE(SA)
• International Engineering Technologist – Int ET(SA), and
• International Engineering Technician – Int ETn(SA)

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40
REGISTRATION REQUIREMENTS (Cont’d)
IEA - International Registers
▪ Requirements to register on the International Register:
▪ To meet the competence agreements standards, the interested party shall demonstrate or
meet the following requirements:
1. Have academic qualification accredited or recognised by ECSA including those
recognised through the relevant accords for the category;
2. Be professionally registered with ECSA in a relevant category;
3. Have a minimum period of seven (7) years’ practical experience since graduation;
4. Have a minimum period of two (2) years in responsible charge of significant
engineering work; and
5. Maintain continuing professional development at a satisfactory level.

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41
REGISTRATION REQUIREMENTS (Cont’d)
IEA International Registers

❑ Requirements to register on the International Register

▪ To meet the competence agreements standards, the interested party shall demonstrate or
meet the following requirements:
• Have academic qualification accredited or recognised by ECSA including those recognised through
the relevant accords for the category;
• Be professionally registered with ECSA in a relevant category;
• Have a minimum period of seven (7) years’ practical experience since graduation;
• Have a minimum period of two (2) years in responsible charge of significant engineering work; and
• Maintain Continuing Professional Development (CPD) at a satisfactory level.

REF: ECSA & IEA Websites

42
42
REGISTRATION REQUIREMENTS (Cont’d)
IEA International Registers

❑ Requirements to be registered on ECSA’s section of International Register.

▪ The following documents would be required for any Applicant to be considered on ECSA
section of the International Register:
1. Completed prescribed Application Form
2. Completed Experience Report
3. Summary of Experience Reports
4. Referee Reports
5. Record of CPD
6. Applicable fee

REF: ECSA Website

43
43
REGISTRATION REQUIREMENTS (Cont’d)
Mutual Recognition Agreements (MRAs)
These jurisdictions, Engineers Australia, Engineers Ireland and the Engineering Council UK have
established mutual recognition of their requirements for Professional Registration and agreed that
such registered people of at least certain period of each of the parties to these agreements will
be accorded corresponding registration of the other on receipt of a duly completed acceptable
application form.

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44
RELATIONSHIP WITH THE VOLUNTARY ASSOCIATIONS (VAs)
Engineering Voluntary
ECSA
Recognition Associations
Functions:
AeSSA
•Set Standards
SAIAE
•Accredit
SAIChE
•Register
SAICE
•Regulate Recommends Peers on SAIEE
Professional
request : Assessors, SAIIE
Conduct
Reviewers & Moderators SAIMechE
•Act in the interests
SAIMM
of the public
CESA
•Advise government
IPET
COET + …..

SRM_TEM_009 Rev 0

45
 THANK YOU

CONTACT DETAILS
Tel: +27 (0)11 607 9500
E-mail: engineer@ecsa.co.za

SRM_TEM_009 Rev 0
 DECISION MAKING IN AN
UNCERTAIN ENVIRONMENT

ENGINEERING PROFESSIONALISM
(IPI 410)

Kekana Katlego Tony

Enterprise Risk Manager
katlego.kekana@implats.co.za
BEng, BCompt, MBA
VUCA ENVIRONMENT

https://www.youtube.com/watch?v=ubeWeJo-SLM
IMPLATS
2
STRATEGY 2021
SO WHAT?

IMPLATS
3
STRATEGY 2021
UNDERSTANDING DECISION MAKING

IMPLATS
4
STRATEGY 2021
DEFINING DECISION MAKING

IMPLATS
https://www.youtube.com/watch?v=g8vHhgh6oM0&ab_channel=DIEHARDave
5
STRATEGY 2021
DECISION MAKING IN ENGINEERING INDUSTRY

• Plant and machinery design and building

• Mining operations
• Development of information technology
• Infrastructure design and building, e.g. Bridge
• Development of military weapons (like nuclear bombs)
• System optimisation for supply chain
• Power generation and supply
• Material selection for engineering developments

IMPLATS
6
STRATEGY 2021
ELEMENTS OF DECISION MAKING

• Relevant and timeous data and information

• Objective analysis
• Cognisant of subjective analysis (biases)
• Have no control of the outcome
• Repeatable given same outcome
• Luck influence outcome

IMPLATS
7
STRATEGY 2021
INFLUENCE OF RISK ON DECISION MAKING

IMPLATS
8
STRATEGY 2021
CONCEPTS OF RISK

IMPLATS
9
STRATEGY 2021
RISK MANAGEMENT

IMPLATS
10
STRATEGY 2021
RISK MANAGEMENT TOOLS AND TECHNIQUES

• Bowtie
• HIRA
• FMIA
• HAZOP
• Brainstorming
• Delphi
• 5 why
• Root Cause Analysis
• Cost Benefit Analysis

IMPLATS
11
STRATEGY 2021
MANAGING RISK (5TS)

• Transfer
• Tolerate
• Treat
• Terminate
• Take – (opportunity)

IMPLATS
12
STRATEGY 2021
ETHICAL DECISION MAKING

IMPLATS
https://www.youtube.com/watch?v=efanW5oSX6U&ab_channel=mapmanoz
13
STRATEGY 2021
ETHICAL DECISION MAKING

https://www.youtube.com/watch?v=S23dgKCPb0U&ab_channel=JeffreyQuesnelle
IMPLATS
14
STRATEGY 2021
RISK ASSOCIATED WITH ETHICS

• Reputational damage
• Fraud and theft
• Lies
• Misconduct
• Emotional abuse of other colleagues
• Loss of lives
• Business liquidation
• Increasing conflicts

IMPLATS
15
STRATEGY 2021
CODE OF CONDUCT

IMPLATS
16
STRATEGY 2021
Jörg Lalk PrEng PhD
Graduate School of Technology Management
E-mail: jorg.lalk@up.ac.za
◼ Experience
• 42 years experience, Dorbyl (rail), Denel (aerospace), Reumech OMC (military
automotive), ESG GmbH (software), Metatek (consulting), Grintek/SAAB
(military command & control), PBMR (nuclear energy), University of Pretoria
(energy research, systems engineering)
◼ Education
• BSc (Elect), 1980, PU for CHE (now NWU), Potchefstroom
• BEng (Elect)Hons cum laude, 1982, PU for CHE (now NWU), Potchefstroom
• MEng (Elect), 1985, UP, Pretoria
• PhD (Electronic Systems Design), 1995, Cranfield University, United Kingdom
Specialization Programme in Intellectual Property Law cum laude, 2011,
UNISA/WIPO, Pretoria/Geneva
◼ Professional
• Registered Professional Engineer with ECSA since 1985
• 2004 Vice-President, International Council on Systems Engineering (INCOSE),
SA Chapter
• 2005 President, INCOSE SA Chapter (www.incose.org.za)
• 2015-2019 Associate Director for Technical Review, INCOSE, USA
(www.incose.org)
• 2019/20 President, INCOSE SA Chapter

2
“The future of a nation depends in no small part
on the efficiency of industry, and the efficiency
of industry depends in no small part on the
protection of intellectual property.”

Richard Posner, Judge of the U.S. Court of Appeals

 What is Property?
 Defining Intellectual Property (IP)
 Trade Marks
 Copyright
 Patents
 Designs
 Secrecy (Position of employees)
 Abuse of IP
The author/ presenter is not a legal practitioner and the
contents of this presentation should be viewed as
introductory material identifying legal aspects of the
intellectual property field important to a typical
engineering/scientific environment. Under no circumstances
must this material be viewed as a professional legal opinion.
The intellectual property field is highly complex and it is
impossible to cover the field in all of its detail in this
presentation.
 If you have the right to something because
you purchased it, was given it or it come to be
your possession in any other (legal!) way

 We think of possessions as tangible items

 We sometimes only think of property as a

house, or a car, mainly because these will
normally be the most expensive items we buy
After all, many politicians &
business people seem to do
it….(refer e.g. to the recent
Zondo Commission Reports,
2022)

The Daily Maverick estimated that

state capture cost the country
roughly R1. 5 trillion (roughly
US$100 billion) in the four years
preceding 2019.
 Just because something is
not tangible
 It does not mean we do not
own it
 Have you ever had a good
idea and somebody has tried
to pretend it was their idea?
 What about copying
somebody’s assignment?
 You don’t mind?

 Or do you?
 5 types of IP
◦ Patents (e.g. the design/working of a new type of
gear box)
◦ Trademarks (e.g. the MacDonald’s golden M)
◦ Copyright (e.g. your mathematics handbook)
◦ Trade secrets (e.g. the formula/recipe of Coca-
Cola)
◦ Trade dress (e.g. Green/Yellow colour scheme of
John Deer tractors) (this is a type of Trademark)
 Under SA Law there is no single law that protects
“Intellectual Property”
 Intellectual Property is a collective term that refers to
the protection of a variety of human intellectual
endeavours, which are protected under different laws
 Some relevant South African laws are:
◦ Copyright Act 98 of 1978, as amended
◦ Trade Marks Act 194 of 1993
◦ Patents Act 75 of 1978
◦ Patents Amendment Act 20 of 2002
◦ Designs Act 195 of 1993
 But there are in total some 128 pieces of legislation
(69 laws, 11 regulations, 48 treaty agreements) related
to IP (see http://www.wipo.int/wipolex/en/profile.jsp?code=ZA)
 Important to realise that South African Law does not stand in
isolation, but is in many ways written to be in harmony with a
variety of international laws and conventions that the RSA
subscribes to
◦ Berne Convention for the Protection of Literary and Artistic Works (1971)
first adopted in 1886; this is administered by the World Intellectual
Property Organization ‘WIPO”, Geneva, Switzerland. Some 164 countries
agreed to this convention, including the RSA
◦ Paris Convention for the Protection of Industrial Property (1883, as
amended 1979) agreed to between 173 signatories, including the RSA
◦ Agreement on Trade-related Aspects of Intellectual Property Rights (1995)
also know as the ‘TRIPS Agreement’, administered by the WTO (as a result
of the General Agreement on Tariffs and Trade (‘GATT’)
◦ WIPO Copy Right Treaty (‘WCT’) (1996)
 Also important to note that various RSA IP Laws make direct
reference to some of these, notably the Berne Convention, the
Paris Convention and TRIPS!
 (TRIPS = Trade Related Aspects of Intellectual Property Rights)
 Note that IP rights are not specifically covered by the SA
Constitution = creates some problems…

 A good example is the much-publicised case of Laugh It Off

Promotions CC vs. South African Breweries International BV
(CLT4204, SA Constitutional Court)
 Here the Court was asked to decide on the two rights of IP
Protection and Freedom of Speech. The Court found that
◦ The two rights have equal status
◦ And, balancing them against each other found
◦ The Right to Freedom of Expression overrides the IP Rights of SAB
◦ This was criticised extensively by the legal profession as it could have
serious effects on the rights of business to act and deal with their
propriety rights as they see fit and be protected by the various IP laws.
The judgment also would have serious effects on the status and image
of certain Trade Marks in the public mind
Justice Dikgang Moseneke, handing
down a unanimous judgement in the
Constitutional Court, found that SAB
had not proved that Laugh It Off had
infringed on the brewery's trademark
with the message on its T-shirts.
(perhaps an example where the court
ruled incorrectly?)
The following images are as they appear on the
Laugh It Off website and although clearly being
based on well-known Trade Marks seem to be
now impossible to legally prohibit…and some appear
to be clearly defamatory
 It is evident that intellectual property is a complex topic and
that it is governed by a number of laws as well as
international conventions
 SA industry tends to view this not as a major aspect of doing
business, and in some cases almost paid a heavy penalty for
this lax attitude (e.g. the recent Rooibos issues) – read up on
this, its very interesting!
 Note that Intellectual Property is normally TERRITORIAL. But
international protection can be achieved by way of various
international conventions and agreements that the RSA
subscribes to. (e.g. the Berne and Paris Convention states that
a national of any of the member states will enjoy the same
protection in any of the member states than in his/her own
state, also holds for permanent residents of a member state)
A trade mark is a distinctive sign or indicator used by an individual, business
organization, or other legal entity to identify that the products or services to
consumers with which the trade mark appears originate from a unique
source, and to distinguish its products or services from those of other
entities.

A trade mark is typically a name, word, phrase, logo, symbol, design, image,
or a combination of these elements. There is also a range of non-
conventional trade marks comprising marks which do not fall into these
standard categories, such as those based on color, smell, or sound.

The owner of a registered trade mark may commence legal proceedings for
trade mark infringement to prevent unauthorized use of that trade mark.

However, registration is not required. The owner of a common law trade

mark may also file suit, but an unregistered mark may be protectable only
within the geographical area within which it has been used or in geographical
areas into which it may be reasonably expected to expand.

E.g Windows sound, Nokia ringtone are also

trademarks!
 Burberry Check
Pattern, registered by
Burberry as a Trade
Mark

• Trade Marks Act 194 of 1993

▪ Commercial symbol or “sign”
▪ Used on both products and services
▪ Word or words
▪ Slogans
▪ Names
▪ Made-up (“created”) words (e.g.
“EXXON”)
▪ Colours (e.g. Orange)
▪ Shapes
▪ Logos
Nestlé’s KitKat™ shape was distinct in 1935,
but now is no longer distinct and is seen as
functional by the public
(Aldi Stores v. Nestlé, 2009)
 VS.

Orange (the cellular co.)

registered the colour Orange Pantone No 151
as a Trade Mark = currently busy taking
legal action against those who it believes
transgresses against its trademark
 Sporting logo’s (source: CIP, University of Stellenbosch)
Springbok:

The SPRINGBOK name for the South African national rugby team came about in 1906 when
the South African national team toured Britain and France. The then captain of the team, Paul
Roos, coined the name as a nickname for the team during interviews conducted with the
British press.
The name stuck, and the logo of a leaping springbok was created. These symbols became
hallowed designations of the South African national rugby team and the name SPRINGBOKS
became standard nomenclature. Thereafter, other South African sports, such as cricket and
hockey, also adopted the SPRINGBOK as the designation of their national teams. They did
so, however, under the aegis of the South African rugby authority, the South African Rugby
Board. In order to exert its ownership over the Springbok emblem, the South African Rugby
Board caused the Springbok emblem to be registered in the 1950’s………..

During the late 1990’s the Chairman of the Sports Portfolio Committee of
Parliament announced that it was “non-negotiable” that South African rugby must
cease all use of the SPRINGBOK emblem. This stance was supported by the
Minister of Sports and Recreation. It was claimed that the SPRINGBOK emblem
was owned by the Government and was being illegally used by South African
rugby, and moreover, that payment of back royalties for such use was required.
The Constitutional Court eventually found in favour of the SA Rugby
Board…
Bafana Bafana:
In the mid 1990s the South African national football team became
known by the appellation BAFANA BAFANA (“bafana” means “boys”). The facts show
that journalists with the Sowetan newspaper coined the name as a nickname for the
national team during July 1992. Like it or not, SAFA bowed to public sentiment and it
commenced itself to use the appellation to denote the team. The commercial potential of
the appellation soon became apparent to SAFA and during 1997 it instituted a program
of applying for the registration of trade marks avowedly with the intention of
merchandising the use of the trade mark BAFANA BAFANA.

In 1993, when the media was using the name BAFANA BAFANA to denote the
national football team, but prior to SAFA embarking upon any merchandising
campaign in respect of the mark, Stanton Woodrush (Pty) Ltd registered the
trade marks BAFANA and BAFANA BAFANA in respect of clothing including
footwear. SAFA lost both a high court and appeal court case against Woodrush…

Ultimately SAFA succumbed to the inevitable in June 2011 by reaching a

settlement with Stanton in terms of which it purchased Stanton’s registered trade
marks for the sum of R5 million. It thus was no longer necessary to find a new
appellation for the team. A struggle lasting 18 years for SAFA to become the
unqualified owner of the mark BAFANA BAFANA finally came to end.
X5 cost about $50,000; a SCEO is $19,000
 “SA hat company Simon and Mary is fending
off counterfeits, made in China, on Joburg
streets”

•South African brand Simon and Mary recently learnt that knockoff versions of its
hats are selling on the streets of Johannesburg.
•The counterfeits are manufactured in China, then imported into SA, where it has
established itself over the past seven years, the company says.
•Where real hats can retail for R700, the counterfeits sell for as little as R150.

Source: Business Insider South Africa,

https://www.businessinsider.co.za/trending/fake-hats-in-johannesburg-2021-5
 To indicate origin (identify owner)
 Indicates quality (e.g. BMW, Rolls-Royce)
 Manufacturer’s reputation linked to the mark
 Valuable for advertising
 To distinguish from other marks

BUT A TRADEMARK MUST BE DISTINCTIVE!

 Common surnames are NOT distinctive (e.g. Van der Merwe, but
Lalk is, why?)
 Single alphanumeric letters are also not distinctive (but KPMG, BMW
is...). But the “Golden Arches” of MacDonalds 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 radiosets). What about Google?
 By doing so you will strengthen your ownership claim (use ™ to
indicate its in the process of registration, and ® once it has
been registered)
 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…)
 Common Law = “a law that is not written into the statutes, but
is commonly recognized 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 may/will follow previous judges' decisions.
 Against unauthorised use
 Also protection against similar marks (passing off as that of
somebody else)
 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)
 But you can loose 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”
 Interdict (first step normally an Urgent Interim
Interdict, to restore the previous status quo).
Followed later by a Final Interdict
 Damages (must be reasonable)
 Royalties
 Removal of infringing mark from the register
 Confiscation of all products carrying the infringing
mark
 McDonald’s Corporation v. Joburgers Drive-Inn Restaurant (Pty) Ltd
In the Supreme Court of South Africa, 1996
Case No. 547/95, 1996.

McDonald's obtained registration of its trade marks in South Africa in 1968, 1974, 1979, 1980, 1984 and
1985. It is now the registered proprietor of fifty-two marks. Of these, twenty-seven consist of or incorporate
the word "McDONALD" or "McDONALD'S". Also used is the letter "M" in the form of so-called golden arches,
with or without the word "McDONALD'S". Others consist of the words BIG MAC, EGG McMUFFIN and McMUFFIN.
There are also two clown devices.
When the case proceedings commenced, McDonald's had not traded in South Africa nor had it used any of its
trade marks here.

During 1992 the owner of Chicken Licken on behalf of Joburgers decided to establish fast food outlets and
restaurants using the trade marks McDONALD'S, BIG MAC and the golden arches design. In 1993 Joburgers
applied for the registration of these and some other McDonald's marks. At the same time it applied to the
Registrar of Trade Marks in terms of Section 36(1)(a) and (b) of the Trade Marks Act, No. 62 of 1963 ("the old
Act") for the expungement of the trade marks which are held by McDonald's. McDonald's opposed these
applications and filed its counter-statements in the expungement applications during August 1993. During the
same period McDonald's applied again for the registration of all the trade marks in its name.

In this case the Court found:

The First and Second Respondents are hereby interdicted and

restrained, with costs, from imitating, reproducing or translating in
the Republic of South Africa any of the Applicant's trade marks in
which the word McDONALD or McDONALD'S appears.
 Large global corporates always win, right?
 Wrong..
 A small business in Ireland engaged McDonald’s about the latter
claiming that the former’s “Supermac’s” trademark is confusingly
similar to the “BigMac” trademark.
 The small business successfully argued that MacDonald did not use
its BigMac trademark in Europe for 5 years after registration, the
court found:
 “Supermac’s was successfull in applying for this trade mark to be
revoked on the grounds of non-use, and without a trade mark,
McDonald’s couldn’t claim infringement. This then cleared the way
for Supermac’s to operate its restaurants under the “Supermac’s”
brand.”
(Source: https://www.gridlaw.com/case-study-supermacs-v-
mcdonalds-how-a-small-business-can-stand-up-for-their-rights-
and-not-be-bullied-into-rebranding/)
 The following can be protected by copyright:
◦ Literary works
◦ Dramatic works
◦ Artistic works
◦ Musical works
◦ Cinematograph films
 First four are “traditional works”, or “products of skill and labour”
 Last one is an “entrepreneurial work”, product of the “investment of
entrepreneurs”. Also includes sound recordings, broadcasts, “programme-
carrying signals”, published editions
 “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” therefore Thabo is still guilty of breaching John’s copyright!
 Note also that “collections of data” (a database e.g. a telephone directory or
parts catalogue) is protected, TRIPS Agreement specifically identifies this as
an “intellectual creation”. The specific arrangement of data in itself is worthy
of protection.
 Under TRIPS (Art 10(1)) “Computer programs, whether in source or object
code, shall be protected as Literary Works under the Berne Convention”
 The legal domain tends to lag the technology space, which
sometimes creates legal problems
 E.g. in Golden China TV Game Centre & Others v 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 cinematograph
film
 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 A LARGE NUMBER OF
INDIVIDUALS, EACH WHO WILL HAVE A STRONG CASE FOR LEGAL
RELIEF
 There is no copyright in ideas, thoughts, mathematical
formulas, etc.
 Copyright indicated by ©, but copyright is not registrable per
se. Need not identify copyright by ©, being able to prove
originality is sufficient
Hashtags getting copyrighted

Social media users fond of posting a

hashtag could find themselves on the
wrong side of the law.
Often the conditions for registration include that the
applicant submit more documentation or disclaim patent
rights over certain words.

"The well-known #CEOSleepOutZA is one of the

applications that has been accepted with conditions.
The registrar required the applicant to disclaim the
words "CEO" and "sleep".

Source: http://www.timeslive.co.za/thetimes/2016/08/12/Hashtags-getting-copyrighted
 The Berne Convention states that “The term of protection
granted….shall be the life of the author plus fifty years after
his death”
 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!)
 The Copyright Act states that “the ownership of any copyright
shall vest in the author, or the co-authors, of the work” (Sect
21(1))
 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
 Copyright is transmitted by law, e.g. if the owner is declared
insolvent the copyright then vests in the trustee of the
insolvent
 Copyright ownership grants the author exclusive rights to
benefit financially by exploiting his rights, e.g. transferring
his rights to another party
 Interdict
 Claiming damages
 Handing over all infringing copies
 In lieu of damages, a reasonable royalty
 Anton Piller order (a mandatory injunction order coupled with an
inspection order)
◦ 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…)
Photographer Shaun Harris sues govt for
R2.1bn over Mandela photo ‘used
unlawfully’ – The Citizen, 25 Feb 2018

“The 62-page forensic analysis and its 165-odd pages of annexes paint a damning
picture of GCIS’ use of the image, racking up at least 2.1 million uses around the
world, each penalised at R10 000 per infringement which amounts to the R2.1
billion claim. Although the amount is astronomical, copyright experts told City Press
that in the US, for example, such infringements each receive a $150 000 (R1.7
million) penalty,” City Press reported.
 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)
 Patents all have the following characteristics:
◦ Issued by a state or other patent office
◦ 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
◦ Prevent ALL others from using the invention for the duration of
the patent
 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”)
 Other important agreements include TRIPS
 A patentable invention must be (must comply to ALL three…)
◦ New
◦ Involve an inventive step
◦ Be capable of use in trade, industry, or agriculture
 Not patentable are (there are also others we do not cover here)
◦ Materials or substances already in nature
◦ Scientific theories, mathematical methods (but their technical
implementation can be patented)
◦ Methods, schemes, rules for performing mental acts, playing games or
doing business (but their technical implementation can be patented)
◦ Aesthetic creations
◦ 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 it
unlikely that patent applications for software will be rejected. This is
currently attracting attention from the SA Government which is seemingly
set against software patenting…
 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”.
 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”.
 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
 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”!)
 Patent Duration = 20 years from priority date

Covid-19 Vaccines???
Case Study

Rolls Royce – Turbine Blade

Technology
Rolls Royce's engines used to power the
Boeing Dreamliner and the Airbus
A380 are the most high tech and fuel
efficient jet engines ever created.
The success of this engine is down
to the advanced turbine blade.

Rolls Royce had its patented

technology copied which led to
a major court case in the US. It
ended by Pratt and Witney
agreeing to pay an undisclosed
amount per engine to Rolls
Royce.
 What happens to inventions, or intellectual works made by my
employee?
◦ 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.
◦ 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.
◦ A UK case (Sterling Engineering Co Ltd v. Patchett, 1955, 72 RPC 50 at 58)
found:
 “No doubt the respondent was the inventor and in the ordinary case the benefit of
an invention belongs to the inventor. But at the time when he made these
inventions he was employed by the appellants as their chief designer, and ….it is
inherent in the legal relationship of master and servant that any product of the
work which the servant is paid to do belongs to the master: I can find neither
principle or authority for holding that this rule ceases to apply if a product of that
work happens to be a patentable invention. Of course, as the relationship of
master and servant is constituted by contract the parties can, if they choose, alter
or vary the normal incidents of the relationship, but they can only do that by
express agreement” (Lord Reid)
◦ 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.
 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.
◦ 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”
 The employee will still be assigned as “inventor” but the patent will be
owned by the employer
 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
 Burrell’s South African Patent and Design Law suggests as a test:
◦ "If the employee was directed by his employer to apply his energies to the inventive
concept in issue and refused to do so, would the employee be in breach of his
contract of employment? If so, then one could probably conclude that the invention
was made in the course and scope of the employee's employment.”
 Intellectual property rights create monopolies,
while Competition Law battles monopolies, are
these then in conflict?
 Article 31 of TRIPs provides for the grant of
compulsory licenses, under a variety of situations,
such as (but this rarely happens unless in times of
war or national emergencies):
◦ In the interest of public health; (covid-19?)
◦ National emergencies;
◦ Inadequate exploitation of the patent in the country;
◦ Anti-competitive practices by the patentees
◦ National interest (what about IP rights on Anti-Retrovirals?).
When you registered as student you signed an IP
Agreement with the university! Everything you do whilst a student
that can be linked back to your time at the university belongs to the university!!

So, no you cannot patent your student project unless the patent is
in the name of the university (you and your supervisor/studyleader/lecturer
will be listed as Inventors, but you, or your supervisor/studyleader/lecturer,
hold no commercial rights)
Jörg Lalk PrEng PhD
Graduate School of Technology Management
E-mail: jorg.lalk@up.ac.za
◼ Experience
• 42 years experience, Dorbyl (rail), Denel (aerospace), Reumech OMC (military
automotive), ESG GmbH (software), Metatek (consulting), Grintek/SAAB
(military command & control), PBMR (nuclear energy), University of Pretoria
(energy research, systems engineering)
◼ Education
• BSc (Elect), 1980, PU for CHE (now NWU), Potchefstroom
• BEng (Elect)Hons cum laude, 1982, PU for CHE (now NWU), Potchefstroom
• MEng (Elect), 1985, UP, Pretoria
• PhD (Electronic Systems Design), 1995, Cranfield University, United Kingdom
Specialization Programme in Intellectual Property Law cum laude, 2011,
UNISA/WIPO, Pretoria/Geneva
◼ Professional
• Registered Professional Engineer with ECSA since 1985
• 2004 Vice-President, International Council on Systems Engineering (INCOSE),
SA Chapter
• 2005 President, INCOSE SA Chapter (www.incose.org.za)
• 2015-2019 Associate Director for Technical Review, INCOSE, USA
(www.incose.org)
• 2019/20 President, INCOSE SA Chapter

2
“The future of a nation depends in no small part
on the efficiency of industry, and the efficiency
of industry depends in no small part on the
protection of intellectual property.”

Richard Posner, Judge of the U.S. Court of Appeals

 What is Property?
 Defining Intellectual Property (IP)
 Trade Marks
 Copyright
 Patents
 Designs
 Secrecy (Position of employees)
 Abuse of IP
The author/ presenter is not a legal practitioner and the
contents of this presentation should be viewed as
introductory material identifying legal aspects of the
intellectual property field important to a typical
engineering/scientific environment. Under no circumstances
must this material be viewed as a professional legal opinion.
The intellectual property field is highly complex and it is
impossible to cover the field in all of its detail in this
presentation.
 If you have the right to something because
you purchased it, was given it or it come to be
your possession in any other (legal!) way

 We think of possessions as tangible items

 We sometimes only think of property as a

house, or a car, mainly because these will
normally be the most expensive items we buy
After all, many politicians &
business people seem to do
it….(refer e.g. to the recent
Zondo Commission Reports,
2022)

The Daily Maverick estimated that

state capture cost the country
roughly R1. 5 trillion (roughly
US$100 billion) in the four years
preceding 2019.
 Just because something is
not tangible
 It does not mean we do not
own it
 Have you ever had a good
idea and somebody has tried
to pretend it was their idea?
 What about copying
somebody’s assignment?
 You don’t mind?

 Or do you?
 5 types of IP
◦ Patents (e.g. the design/working of a new type of
gear box)
◦ Trademarks (e.g. the MacDonald’s golden M)
◦ Copyright (e.g. your mathematics handbook)
◦ Trade secrets (e.g. the formula/recipe of Coca-
Cola)
◦ Trade dress (e.g. Green/Yellow colour scheme of
John Deer tractors) (this is a type of Trademark)
 Under SA Law there is no single law that protects
“Intellectual Property”
 Intellectual Property is a collective term that refers to
the protection of a variety of human intellectual
endeavours, which are protected under different laws
 Some relevant South African laws are:
◦ Copyright Act 98 of 1978, as amended
◦ Trade Marks Act 194 of 1993
◦ Patents Act 75 of 1978
◦ Patents Amendment Act 20 of 2002
◦ Designs Act 195 of 1993
 But there are in total some 128 pieces of legislation
(69 laws, 11 regulations, 48 treaty agreements) related
to IP (see http://www.wipo.int/wipolex/en/profile.jsp?code=ZA)
 Important to realise that South African Law does not stand in
isolation, but is in many ways written to be in harmony with a
variety of international laws and conventions that the RSA
subscribes to
◦ Berne Convention for the Protection of Literary and Artistic Works (1971)
first adopted in 1886; this is administered by the World Intellectual
Property Organization ‘WIPO”, Geneva, Switzerland. Some 164 countries
agreed to this convention, including the RSA
◦ Paris Convention for the Protection of Industrial Property (1883, as
amended 1979) agreed to between 173 signatories, including the RSA
◦ Agreement on Trade-related Aspects of Intellectual Property Rights (1995)
also know as the ‘TRIPS Agreement’, administered by the WTO (as a result
of the General Agreement on Tariffs and Trade (‘GATT’)
◦ WIPO Copy Right Treaty (‘WCT’) (1996)
 Also important to note that various RSA IP Laws make direct
reference to some of these, notably the Berne Convention, the
Paris Convention and TRIPS!
 (TRIPS = Trade Related Aspects of Intellectual Property Rights)
 Note that IP rights are not specifically covered by the SA
Constitution = creates some problems…

 A good example is the much-publicised case of Laugh It Off

Promotions CC vs. South African Breweries International BV
(CLT4204, SA Constitutional Court)
 Here the Court was asked to decide on the two rights of IP
Protection and Freedom of Speech. The Court found that
◦ The two rights have equal status
◦ And, balancing them against each other found
◦ The Right to Freedom of Expression overrides the IP Rights of SAB
◦ This was criticised extensively by the legal profession as it could have
serious effects on the rights of business to act and deal with their
propriety rights as they see fit and be protected by the various IP laws.
The judgment also would have serious effects on the status and image
of certain Trade Marks in the public mind
Justice Dikgang Moseneke, handing
down a unanimous judgement in the
Constitutional Court, found that SAB
had not proved that Laugh It Off had
infringed on the brewery's trademark
with the message on its T-shirts.
(perhaps an example where the court
ruled incorrectly?)
The following images are as they appear on the
Laugh It Off website and although clearly being
based on well-known Trade Marks seem to be
now impossible to legally prohibit…and some appear
to be clearly defamatory
 It is evident that intellectual property is a complex topic and
that it is governed by a number of laws as well as
international conventions
 SA industry tends to view this not as a major aspect of doing
business, and in some cases almost paid a heavy penalty for
this lax attitude (e.g. the recent Rooibos issues) – read up on
this, its very interesting!
 Note that Intellectual Property is normally TERRITORIAL. But
international protection can be achieved by way of various
international conventions and agreements that the RSA
subscribes to. (e.g. the Berne and Paris Convention states that
a national of any of the member states will enjoy the same
protection in any of the member states than in his/her own
state, also holds for permanent residents of a member state)
A trade mark is a distinctive sign or indicator used by an individual, business
organization, or other legal entity to identify that the products or services to
consumers with which the trade mark appears originate from a unique
source, and to distinguish its products or services from those of other
entities.

A trade mark is typically a name, word, phrase, logo, symbol, design, image,
or a combination of these elements. There is also a range of non-
conventional trade marks comprising marks which do not fall into these
standard categories, such as those based on color, smell, or sound.

The owner of a registered trade mark may commence legal proceedings for
trade mark infringement to prevent unauthorized use of that trade mark.

However, registration is not required. The owner of a common law trade

mark may also file suit, but an unregistered mark may be protectable only
within the geographical area within which it has been used or in geographical
areas into which it may be reasonably expected to expand.

E.g Windows sound, Nokia ringtone are also

trademarks!
 Burberry Check
Pattern, registered by
Burberry as a Trade
Mark

• Trade Marks Act 194 of 1993

▪ Commercial symbol or “sign”
▪ Used on both products and services
▪ Word or words
▪ Slogans
▪ Names
▪ Made-up (“created”) words (e.g.
“EXXON”)
▪ Colours (e.g. Orange)
▪ Shapes
▪ Logos
Nestlé’s KitKat™ shape was distinct in 1935,
but now is no longer distinct and is seen as
functional by the public
(Aldi Stores v. Nestlé, 2009)
 VS.

Orange (the cellular co.)

registered the colour Orange Pantone No 151
as a Trade Mark = currently busy taking
legal action against those who it believes
transgresses against its trademark
 Sporting logo’s (source: CIP, University of Stellenbosch)
Springbok:

The SPRINGBOK name for the South African national rugby team came about in 1906 when
the South African national team toured Britain and France. The then captain of the team, Paul
Roos, coined the name as a nickname for the team during interviews conducted with the
British press.
The name stuck, and the logo of a leaping springbok was created. These symbols became
hallowed designations of the South African national rugby team and the name SPRINGBOKS
became standard nomenclature. Thereafter, other South African sports, such as cricket and
hockey, also adopted the SPRINGBOK as the designation of their national teams. They did
so, however, under the aegis of the South African rugby authority, the South African Rugby
Board. In order to exert its ownership over the Springbok emblem, the South African Rugby
Board caused the Springbok emblem to be registered in the 1950’s………..

During the late 1990’s the Chairman of the Sports Portfolio Committee of
Parliament announced that it was “non-negotiable” that South African rugby must
cease all use of the SPRINGBOK emblem. This stance was supported by the
Minister of Sports and Recreation. It was claimed that the SPRINGBOK emblem
was owned by the Government and was being illegally used by South African
rugby, and moreover, that payment of back royalties for such use was required.
The Constitutional Court eventually found in favour of the SA Rugby
Board…
Bafana Bafana:
In the mid 1990s the South African national football team became
known by the appellation BAFANA BAFANA (“bafana” means “boys”). The facts show
that journalists with the Sowetan newspaper coined the name as a nickname for the
national team during July 1992. Like it or not, SAFA bowed to public sentiment and it
commenced itself to use the appellation to denote the team. The commercial potential of
the appellation soon became apparent to SAFA and during 1997 it instituted a program
of applying for the registration of trade marks avowedly with the intention of
merchandising the use of the trade mark BAFANA BAFANA.

In 1993, when the media was using the name BAFANA BAFANA to denote the
national football team, but prior to SAFA embarking upon any merchandising
campaign in respect of the mark, Stanton Woodrush (Pty) Ltd registered the
trade marks BAFANA and BAFANA BAFANA in respect of clothing including
footwear. SAFA lost both a high court and appeal court case against Woodrush…

Ultimately SAFA succumbed to the inevitable in June 2011 by reaching a

settlement with Stanton in terms of which it purchased Stanton’s registered trade
marks for the sum of R5 million. It thus was no longer necessary to find a new
appellation for the team. A struggle lasting 18 years for SAFA to become the
unqualified owner of the mark BAFANA BAFANA finally came to end.
X5 cost about $50,000; a SCEO is $19,000
 “SA hat company Simon and Mary is fending
off counterfeits, made in China, on Joburg
streets”

•South African brand Simon and Mary recently learnt that knockoff versions of its
hats are selling on the streets of Johannesburg.
•The counterfeits are manufactured in China, then imported into SA, where it has
established itself over the past seven years, the company says.
•Where real hats can retail for R700, the counterfeits sell for as little as R150.

Source: Business Insider South Africa,

https://www.businessinsider.co.za/trending/fake-hats-in-johannesburg-2021-5
 To indicate origin (identify owner)
 Indicates quality (e.g. BMW, Rolls-Royce)
 Manufacturer’s reputation linked to the mark
 Valuable for advertising
 To distinguish from other marks

BUT A TRADEMARK MUST BE DISTINCTIVE!

 Common surnames are NOT distinctive (e.g. Van der Merwe, but
Lalk is, why?)
 Single alphanumeric letters are also not distinctive (but KPMG, BMW
is...). But the “Golden Arches” of MacDonalds 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 radiosets). What about Google?
 By doing so you will strengthen your ownership claim (use ™ to
indicate its in the process of registration, and ® once it has
been registered)
 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…)
 Common Law = “a law that is not written into the statutes, but
is commonly recognized 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 may/will follow previous judges' decisions.
 Against unauthorised use
 Also protection against similar marks (passing off as that of
somebody else)
 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)
 But you can loose 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”
 Interdict (first step normally an Urgent Interim
Interdict, to restore the previous status quo).
Followed later by a Final Interdict
 Damages (must be reasonable)
 Royalties
 Removal of infringing mark from the register
 Confiscation of all products carrying the infringing
mark
 McDonald’s Corporation v. Joburgers Drive-Inn Restaurant (Pty) Ltd
In the Supreme Court of South Africa, 1996
Case No. 547/95, 1996.

McDonald's obtained registration of its trade marks in South Africa in 1968, 1974, 1979, 1980, 1984 and
1985. It is now the registered proprietor of fifty-two marks. Of these, twenty-seven consist of or incorporate
the word "McDONALD" or "McDONALD'S". Also used is the letter "M" in the form of so-called golden arches,
with or without the word "McDONALD'S". Others consist of the words BIG MAC, EGG McMUFFIN and McMUFFIN.
There are also two clown devices.
When the case proceedings commenced, McDonald's had not traded in South Africa nor had it used any of its
trade marks here.

During 1992 the owner of Chicken Licken on behalf of Joburgers decided to establish fast food outlets and
restaurants using the trade marks McDONALD'S, BIG MAC and the golden arches design. In 1993 Joburgers
applied for the registration of these and some other McDonald's marks. At the same time it applied to the
Registrar of Trade Marks in terms of Section 36(1)(a) and (b) of the Trade Marks Act, No. 62 of 1963 ("the old
Act") for the expungement of the trade marks which are held by McDonald's. McDonald's opposed these
applications and filed its counter-statements in the expungement applications during August 1993. During the
same period McDonald's applied again for the registration of all the trade marks in its name.

In this case the Court found:

The First and Second Respondents are hereby interdicted and

restrained, with costs, from imitating, reproducing or translating in
the Republic of South Africa any of the Applicant's trade marks in
which the word McDONALD or McDONALD'S appears.
 Large global corporates always win, right?
 Wrong..
 A small business in Ireland engaged McDonald’s about the latter
claiming that the former’s “Supermac’s” trademark is confusingly
similar to the “BigMac” trademark.
 The small business successfully argued that MacDonald did not use
its BigMac trademark in Europe for 5 years after registration, the
court found:
 “Supermac’s was successfull in applying for this trade mark to be
revoked on the grounds of non-use, and without a trade mark,
McDonald’s couldn’t claim infringement. This then cleared the way
for Supermac’s to operate its restaurants under the “Supermac’s”
brand.”
(Source: https://www.gridlaw.com/case-study-supermacs-v-
mcdonalds-how-a-small-business-can-stand-up-for-their-rights-
and-not-be-bullied-into-rebranding/)
 The following can be protected by copyright:
◦ Literary works
◦ Dramatic works
◦ Artistic works
◦ Musical works
◦ Cinematograph films
 First four are “traditional works”, or “products of skill and labour”
 Last one is an “entrepreneurial work”, product of the “investment of
entrepreneurs”. Also includes sound recordings, broadcasts, “programme-
carrying signals”, published editions
 “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” therefore Thabo is still guilty of breaching John’s copyright!
 Note also that “collections of data” (a database e.g. a telephone directory or
parts catalogue) is protected, TRIPS Agreement specifically identifies this as
an “intellectual creation”. The specific arrangement of data in itself is worthy
of protection.
 Under TRIPS (Art 10(1)) “Computer programs, whether in source or object
code, shall be protected as Literary Works under the Berne Convention”
 The legal domain tends to lag the technology space, which
sometimes creates legal problems
 E.g. in Golden China TV Game Centre & Others v 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 cinematograph
film
 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 A LARGE NUMBER OF
INDIVIDUALS, EACH WHO WILL HAVE A STRONG CASE FOR LEGAL
RELIEF
 There is no copyright in ideas, thoughts, mathematical
formulas, etc.
 Copyright indicated by ©, but copyright is not registrable per
se. Need not identify copyright by ©, being able to prove
originality is sufficient
Hashtags getting copyrighted

Social media users fond of posting a

hashtag could find themselves on the
wrong side of the law.
Often the conditions for registration include that the
applicant submit more documentation or disclaim patent
rights over certain words.

"The well-known #CEOSleepOutZA is one of the

applications that has been accepted with conditions.
The registrar required the applicant to disclaim the
words "CEO" and "sleep".

Source: http://www.timeslive.co.za/thetimes/2016/08/12/Hashtags-getting-copyrighted
 The Berne Convention states that “The term of protection
granted….shall be the life of the author plus fifty years after
his death”
 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!)
 The Copyright Act states that “the ownership of any copyright
shall vest in the author, or the co-authors, of the work” (Sect
21(1))
 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
 Copyright is transmitted by law, e.g. if the owner is declared
insolvent the copyright then vests in the trustee of the
insolvent
 Copyright ownership grants the author exclusive rights to
benefit financially by exploiting his rights, e.g. transferring
his rights to another party
 Interdict
 Claiming damages
 Handing over all infringing copies
 In lieu of damages, a reasonable royalty
 Anton Piller order (a mandatory injunction order coupled with an
inspection order)
◦ 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…)
Photographer Shaun Harris sues govt for
R2.1bn over Mandela photo ‘used
unlawfully’ – The Citizen, 25 Feb 2018

“The 62-page forensic analysis and its 165-odd pages of annexes paint a damning
picture of GCIS’ use of the image, racking up at least 2.1 million uses around the
world, each penalised at R10 000 per infringement which amounts to the R2.1
billion claim. Although the amount is astronomical, copyright experts told City Press
that in the US, for example, such infringements each receive a $150 000 (R1.7
million) penalty,” City Press reported.
 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)
 Patents all have the following characteristics:
◦ Issued by a state or other patent office
◦ 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
◦ Prevent ALL others from using the invention for the duration of
the patent
 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”)
 Other important agreements include TRIPS
 A patentable invention must be (must comply to ALL three…)
◦ New
◦ Involve an inventive step
◦ Be capable of use in trade, industry, or agriculture
 Not patentable are (there are also others we do not cover here)
◦ Materials or substances already in nature
◦ Scientific theories, mathematical methods (but their technical
implementation can be patented)
◦ Methods, schemes, rules for performing mental acts, playing games or
doing business (but their technical implementation can be patented)
◦ Aesthetic creations
◦ 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 it
unlikely that patent applications for software will be rejected. This is
currently attracting attention from the SA Government which is seemingly
set against software patenting…
 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”.
 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”.
 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
 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”!)
 Patent Duration = 20 years from priority date

Covid-19 Vaccines???
Case Study

Rolls Royce – Turbine Blade

Technology
Rolls Royce's engines used to power the
Boeing Dreamliner and the Airbus
A380 are the most high tech and fuel
efficient jet engines ever created.
The success of this engine is down
to the advanced turbine blade.

Rolls Royce had its patented

technology copied which led to
a major court case in the US. It
ended by Pratt and Witney
agreeing to pay an undisclosed
amount per engine to Rolls
Royce.
 What happens to inventions, or intellectual works made by my
employee?
◦ 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.
◦ 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.
◦ A UK case (Sterling Engineering Co Ltd v. Patchett, 1955, 72 RPC 50 at 58)
found:
 “No doubt the respondent was the inventor and in the ordinary case the benefit of
an invention belongs to the inventor. But at the time when he made these
inventions he was employed by the appellants as their chief designer, and ….it is
inherent in the legal relationship of master and servant that any product of the
work which the servant is paid to do belongs to the master: I can find neither
principle or authority for holding that this rule ceases to apply if a product of that
work happens to be a patentable invention. Of course, as the relationship of
master and servant is constituted by contract the parties can, if they choose, alter
or vary the normal incidents of the relationship, but they can only do that by
express agreement” (Lord Reid)
◦ 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.
 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.
◦ 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”
 The employee will still be assigned as “inventor” but the patent will be
owned by the employer
 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
 Burrell’s South African Patent and Design Law suggests as a test:
◦ "If the employee was directed by his employer to apply his energies to the inventive
concept in issue and refused to do so, would the employee be in breach of his
contract of employment? If so, then one could probably conclude that the invention
was made in the course and scope of the employee's employment.”
 Intellectual property rights create monopolies,
while Competition Law battles monopolies, are
these then in conflict?
 Article 31 of TRIPs provides for the grant of
compulsory licenses, under a variety of situations,
such as (but this rarely happens unless in times of
war or national emergencies):
◦ In the interest of public health; (covid-19?)
◦ National emergencies;
◦ Inadequate exploitation of the patent in the country;
◦ Anti-competitive practices by the patentees
◦ National interest (what about IP rights on Anti-Retrovirals?).
When you registered as student you signed an IP
Agreement with the university! Everything you do whilst a student
that can be linked back to your time at the university belongs to the university!!

So, no you cannot patent your student project unless the patent is
in the name of the university (you and your supervisor/studyleader/lecturer
will be listed as Inventors, but you, or your supervisor/studyleader/lecturer,
hold no commercial rights)
 ROAD TO REGISTRATION
(Candidacy & Professional)
ENGINEERING COUNCIL
OF SOUTH AFRICA
2022

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TABLE OF CONTENTS

❑ Regulatory Context

❑ Built Environment Landscape

❑ Regulation of the Engineering Profession:

❑ Relationship with the Voluntary Associations (VAs)

❑ Role Players related to Registration

❑ Professional Development Model

❑ Registration Requirements

❑ Registration Requirements (Cont’d)

2
SRM_TEM_009 Rev 0
REGULATORY CONTEXT
Section 22: Constitution of the Republic of South Africa (the supreme law of the country) refers
that:
“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, 2000 (EPA) (Act No. 46 of 2000)
▪ EPA provided for the establishment of a juristic person to be known as the Engineering
Council of South Africa (ECSA)
▪ Registration is a tool by which ECSA regulates the profession

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3
BUILT ENVIRONMENT LANDSCAPE

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4
REGULATION OF THE ENGINEERING PROFESSION
Governance
Department of Public Works &
Infrastructure (DPW & I) • Executive Authority
Ministry

Council for the Built Environment • Accounting Authority that coordinates six (6) Councils for the
(CBE) Built Environment Professions

*ECSA Council • Accounting Authority

ECSA CEO • Accounting Officer

*ECSA is a statutory body established in terms of the Engineering Profession Act, 2000 (Act No.
46 of 2000), and derives its mandate and responsibilities from the Act.

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 HOW ECSA REGULATES THE ENGINEERING PROFESSION
Registration in the value chain

Research,
policy, Accreditation, Continuing
Professional Professional
standards and Registration conduct
procedures’ and quality Development
management (CPD)
development assurance

REF:
Engineering Profession Act, 2000 (Act No. 46 of 2000) (EPA),
ECSA Website & Annual Report 2019/20
6
HOW ECSA REGULATES THE ENGINEERING PROFESSION (Cont’d)
Categories of Registration

Consideration for this Virtual Panel is

✓ ✓ “only” on the applications that are for
the following categories:
✓ – Professional Engineer,
– Professional Engineering Technologist,
&
– Professional Engineering Technician.

REF: Engineering Profession Act, 2000 (Act No. 46 of 2000) (EPA)

7
REGISTRATION REQUIREMENTS
Categories of Registration

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PROFESSIONAL DEVELOPMENT MODEL
5 - Yearly Renewal
of Professional STAGE 3:
Registration Practice •Observe Code of Conduct
•Maintain Competence through CPD
•Pay Annual Fees
Professional Registration

Training STAGE 2:
and •Meet Standard for
Experience Professional Competency

Candidate Registration
Graduation STAGE 1:
•Meet Standard for
Accredited
Engineering Education
Programme

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 COMMON REQUIREMENTS FOR ALL APPLICANTS
❑ To attain registration in a Candidate category, an applicant must demonstrate that
he/she:
▪ Meets the educational requirements for the category.

❑ The educational requirements may be met by:

▪ Holding an ECSA-accredited qualification or an acceptable combination of accredited
qualification(s) prescribed for the category; or
▪ Holding a qualification or a combination of qualification(s) recognised under an
international agreement (i.e. the Educational Accords under the auspices of the
International Engineering Alliance (IEA) relevant to the category; or

REF: R-01-POL-PC, R-03-PRO, R-04-P & E-17-PRO

1
0
 COMMON REQUIREMENTS FOR ALL APPLICANTS (Cont’d)
▪ Holding a qualification or a combination of qualifications that have been determined by
case-by-case evaluation to satisfy criteria for substantial equivalence to an accredited
qualification for the category; or
▪ present a combination of evidence determined by ECSA for the category that indicates
an individual level of educational achievement against criteria demonstrating that it is
substantially equivalent to an accredited qualification.

REF: R-01-POL-PC, R-03-PRO, R-04-P & E-17-PRO

1
1
 COMMON REQUIREMENTS FOR ALL APPLICANTS (Cont’d)
❑To attain registration in a Professional category, an applicant must demonstrate that
he/she:
▪Meets the educational requirements for the category.
▪Demonstrates competent performance against the prescribed standards for
registration in the category.

▪ It is deemed unlikely that competency can be developed in less than three years
and demonstrated at the required level, hence as per the provisions of EPA, ECSA
had prescribed the period before applying for professional registration as
minimum three years (Section 7.3.2 of R-04-P).
REGISTRATION REQUIREMENTS
Education and Training Experience
CATEGORY OF EDUCATION TRAINING AND EXPERIENCE
PROFESSIONAL
REGISTRATION
Pr Eng 4 years 3 years
5 years 3 years
Pr Tech Eng 3 years 4 years
4 years 3 years
Pr Techni Eng 2 years 4 years
3 years 3 years
Note: Academic programmes must be accredited, recognised or evaluated as
substantial equivalent, with individual assessments where required.

SRM_TEM_009 Rev 0

13
© ECSA
 MEETING EDUCATIONAL REQUIREMENTS (Cont’d)
Alternative Route
Other South African qualifications that are recognised for Registration as a
Candidate or Professional Engineering Technician
Before 1971 1971 – 1980 Post 1980
Years Responsible Years Responsible Years Responsible
Name Name Name
Experience Experience Experience Experience Experience Experience
ATC1/NTC4 8 1 NCT/NND 6 1 N4 8 1
ATC2/NTC5 7.5 1 NHCT 6 1 N5 7.5 1
NTD/NED 6 1 ID 6 1 N6 7 1
NDip Tech 3 1 NDT 3 1 NTD/NNDip 6 1
NHDT (Only Elec Adv Cert (Eng)
3 1 MDipTech 3 1 4 1
& Mech) (Benchmark)
No Tertiary Adv Cert (Eng
T1 (Cert) 11 8.5 4 1
Qualification & 10 1 Prac) (Benchmark)
N3 T1 (Dip) 8 1 NDip (Benchmark) 3 1
Dip Eng
T2 (Cert) 7.5 1 3 1
(Benchmark)
Dip Eng Tech
T2 (Dip) 6 1 3 1
(Benchmark)
HNDip 3 1
BTech 3 1
14
14 Adv Dip Eng 3 1
REF: ECSA Archives and Qualification Standards BEng Tech 3 1
 MEETING EDUCATIONAL REQUIREMENTS (Cont’d)
Alternative Route
Other South African Qualifications that are recognised for Registration as a
Candidate or Professional Engineering Technologist
Before 1971 1971 – 1980 Post 1980
Years Responsible Years Responsible Years Responsible
Name Name Name
Experience Experience Experience Experience Experience Experience
ATC1/NTC2 14 10 NCT/NND 10 6 N4 14 10
ATC2/NTC5 13 9 NHCT 9 5 N5 13 9
NTD/NED 11 8 ID 11 7 N6 11 8
NDT 6 4 NDT 6 4 NTD 10 7
NHDT (Only Elec
5 3 MDipTech 3 1 AdvC ert (Eng) 8 5
& Mech)
No Tertiary
Adv Cert (Eng
Qualification & 20 10 T1 (Cert) 14 10 8 5
Prac)
N3
T1 (Dip) 13 9 NDip 8 5
T2 (Cert) 12 8 Dip Eng 8 5
T2 (Dip) 11 7 Dip Eng Tech 8 5
HND 6 4
BTech (Benchmark) 3 1
Adv Dip Eng
3 1
15 (Benchmark)
15 BEng Tech
REF: ECSA Archives and Qualification Standards 3 1
(Benchmark)
 REGISTRATION REQUIREMENTS
Documents that define the Registration System
Engineering
Council… Profession Council…
• must accredit programmes, Act, 2000 • must register a person who
• may recognise programmes (Act No. 46 of 2000) demonstrates competency
• may assess applicants referred to as “EPA” against standards

Prescribes Prescribes Explains

E-02-PE/PT/PN Qualification R-01-POL-PC Competency Competency R-08-PE/PT/PN/
Qualification Standards Registration Standards R-02-PE/PT/PN Standard Guide to
Standard Policy Competency Competency
Standard Standard

Alternative to Refers to
Accredited/Recognised Competenc Refers to
Prescribes
Programmes y Standard Guide
Procedures

E-17-PRO R-04-P R-05-Disc-

Recognition of R-03-PRO PE/PT/PN
Training and
Educational Application & Discipline
Mentoring Guide
Qualifications Assessment Specific Training
Process Guide
16
REGISTRATION REQUIREMENTS (Cont’d)
Category of Registration, Qualification and Level Descriptor
CATEGORY OF REGISTRATION QUALIFICATION (BENCHMARK) LEVEL DESCRIPTOR

Engineer • BSc(Eng)/BEng/BIng Solving complex engineering

• MEng problems and performing complex
engineering activities

Engineering Technologist • Adv Dip Eng Solving broadly-defined engineering

• BTech (Eng) problems and performing broadly-
• BEng Tech defined engineering activities

Engineering Technician • Adv Cert (Eng) Solving well-defined engineering

• Adv Cert (Eng Prac) problems and performing well-
• NDip defined engineering activities
• Dip Eng Tech
• Dip Eng

SRM_TEM_009 Rev 0

17
© ECSA
REGISTRATION REQUIREMENTS (Cont’d)

Training period
▪ Minimum of three (3) years post qualification
▪ It generally takes longer than three (3) years to acquire competencies
▪ Imperative that training programmes are well developed, managed and
implemented by
employer registered under Commitment & Undertaking
▪ Spending time on a particular element or training without a qualitative objective
will not ensure achievement of the required level of competency for that level

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18
REGISTRATION REQUIREMENTS (Cont’d)
Goal of the training programme
▪ The goal of the training programme is to allow the candidate to develop his/her
competence to the point of being able to demonstrate the outcomes at the required
level on a sustained basis and to take responsibility for the work performed.
Candidate’s role
▪ Candidates should appreciate that the onus rest on him/herself to ensure that the
training
received will culminate in the competency defined in the standards
Supervisor’s role
▪ The supervisor is the person who directs and controls the engineering work of the
candidate and who takes responsibility for the work in terms of Section 18(4) of the
EPA, 2000 (Act No. 46 of 2000).
▪ The supervisor is expected, together with the mentor and candidate, to plan the
training task by task to develop the candidate’s competence and to review the
achievements of each task.

SRM_TEM_009 Rev 0
19
REGISTRATION REQUIREMENTS (Cont’d)
Performance of functions and Competence
• Professional Engineering Practitioners are able to perform functions because of
their:
– Knowledge,
– Skills, and
– Attitudes

• Competence is developed by:

– Education,
– Training, and
– Experience

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20
REGISTRATION REQUIREMENTS (Cont’d)
Development of Professional Competence
• During the post graduate period of training and experience, the
applicant/candidate is in employment and works with and under the supervision of
qualified Engineering supervisors and professional mentors.

• A professional mentor guides the applicant/candidate’s professional

development (with assistance of the Engineering supervisor).

• Training process may involve structured activities, including induction and training
courses
on specific skills or technologies.

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21
REGISTRATION REQUIREMENTS (Cont’d)
Definition of Competence Outcomes
❑ Eleven (11) outcomes are defined and these are conveniently grouped in five (5) sets.

❑ The stem of each outcome is the same in the Competency Standards for:
▪ Professional Engineer,
▪ Professional Engineering Technologist, and
▪ Professional Engineering Technician.

❑ The Competency Standards are differentiated by the insertion of level descriptors

(defined
in the Competency Standards) at the locations shown by [level].

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22
REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group A – Engineering Problem Solving
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
A:1 Define, investigate and A:1 Define, investigate and A:1 Define, investigate and
A:1 Define, investigate and
analyse complex analyse broadly-defined analyse well-defined analyse specifically-defined
engineering problems engineering problems engineering problems engineering problems
A:2 Design or develop A:2 Design or develop solutions A:2 Design or develop A:2 Design or develop
solutions to complex to broadly-defined engineering solutions to well-definedsolutions to specifically-
engineering problems problems engineering problems defined engineering
problems
A:3 Comprehend and apply A:3 Comprehend and apply A:3 Comprehend and apply A:3 Comprehend and apply
knowledge: Principles, knowledge: Principles, knowledge: Principles, knowledge: Principles,
specialist knowledge, specialist knowledge, specialist knowledge, specialist knowledge,
jurisdictional and local jurisdictional and local jurisdictional and local jurisdictional and local
knowledge knowledge knowledge knowledge

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23
REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group B – Managing Engineering Activities
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
B:4 Manage part or all of B:4 Manage part or all of one or B:4 Manage part or all of B:4 Manage part or all of one
one or more complex of more broadly-defined of one or more well-defined or more specifically-defined
engineering activities engineering activities of engineering activities of engineering activities
B:5 Communicate clearly B:5 Communicate clearly with B:5 Communicate clearly B:5 Communicate clearly
with others in the course of others in the course of with others in the course with others in the course of
engineering activities engineering activities of engineering activities engineering activities

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24
REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group C – Impacts of Engineering Activities
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
C:6 Recognise and C:6 Recognise and addresses the C:6 Recognise and C:6 Recognise and addresses
addresses the reasonably reasonably foreseeable social, addresses the reasonably the reasonably foreseeable
foreseeable social, cultural and environmental foreseeable social, social, cultural and
cultural and effects of broadly-defined of cultural and environmental environmental effects of
environmental effects of engineering activities effects of well-defined of specifically-defined of
complex of engineering engineering activities engineering activities
activities

C:7 Meet all legal and C:7 Meet all legal and regulatory C:7 Meet all legal and C:7 Meet all legal and
regulatory requirements requirements and protect the regulatory requirements regulatory requirements and
and protect the health health and safety of persons in and protect the health and protect the health and
and safety of persons in the course of broadly-defined safety of persons in the safety of persons in the
the course of complex engineering activitieSsRM_TEM_009 Rev 0 course of well-defined course of specifically-
engineering activities engineering activities defined engineering
activities

25
REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group D – Act ethically, exercise judgement and take responsibility
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
D:8 Conduct engineering D:8 Conduct engineering D:8 Conduct engineering D:8 Conduct engineering
activities ethically activities ethically activities ethically activities ethically
D:9 Exercise sound D:9 Exercise sound judgment in D:9 Exercise sound D:9 Exercise sound judgment
judgment in the course of the course of broadly-defined judgment in the course of in the course of specifically-
complex engineering engineering activities well-defined engineering defined engineering
activities activities activities

D:10 Be responsible for D:10 Be responsible for making D:10 Be responsible for D:10 Be responsible for
making decisions on part or decisions on part or all of making decisions on part making decisions on part or
all of complex engineering broadly-defined engineering or all of well-defined all of well-defined
activities activities engineering activities engineering activities

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26
REGISTRATION REQUIREMENTS (Cont’d)
Classification of Competence Outcomes
Group E – Initial Professional Development
Engineers Engineering Technologists/ Engineering Specified Categories
Certificated Engineers Technicians
E:11 Undertake initial E:11 Undertake initial E:11 Undertake initial E:11 Undertake initial
development activities development activities development activities development activities
sufficient to maintain and sufficient to maintain and sufficient to maintain and sufficient to maintain and
extend his/her competence extend his/her competence extend his/her extend his/her competence
competence

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27
REGISTRATION REQUIREMENTS (Cont’d)
Degree of Responsibility
Progression of Responsibility
Level Nature of Work Responsibility Level of Support
A. Being Exposed Undergoes induction, observes No responsibility, accept to Mentor explains challenges
processes, work of competent pay attention and forms of solution
practitioners
B. Assisting Performs specific processes under Limited responsibility for Supervisor/Mentor coaches,
close supervision work output offers feed back
C. Participating Performs specific processes as Full responsibility for Supervisor progressively
supervised work reduces support, but monitors
directed with limited
outputs
supervision
D. Contributing Performs specific work with Full responsibility to supervisor Applicant/candidate
detailed approval of work for quality of work articulates own reasoning and
outputs compare it with those of
supervisor
E. Performing Works in team without supervision, Level of responsibility to Applicant/candidate takes on
recommends work outputs, supervisor is appropriate to a problem solving without
responsible but not accountable registered person support, at most limited
guidance
SRM_TEM_009 Rev 0
39
REGISTRATION REQUIREMENTS (Cont’d)
Level of Development
Progression of Competency Level
a) Appreciation Applicants must indicate that they have a general appreciation of the subject matter.
b) Knowledge Applicants must indicate that they have sufficient knowledge of the subject matter.
c) Experience Applicants must indicate that they have, independently or under supervision, performed the
processes under consideration. Experience of the relevant techniques and functions must be
gained.

d) Capability Applicants must indicate that they have the capability, independently or (at most) with limited
guidance, of performing the process and making the decisions required and also that they have
the capability of leading or supervising others in the process.

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40
REGISTRATION REQUIREMENTS (Cont’d)
Solving Complex Engineering Problems
Table 1 : Characteristics of Complex Engineering Problems
STEP MAIN QUESTION CRITERIA
Step 1 Is the problem an engineering a) Does solving the problem require in-depth fundamental and specialised
Identify the engineering problem? engineering knowledge?
problem
Step 2 What is the nature of the b) The problem is ill-posed, under-or over specified and requires
Establish the level of problem? Does it have one or identification and refinement.
complexity of the initial more of the characteristics b, c c) The problem is a high-level problem and includes component parts or sub-
problem state or d? problems.
d) The problem is unfamiliar or involves infrequently encountered issues.
Step 3 What is encountered in the e) The solutions are not obvious and require originality or analysis based on
Determine the complexity solution process? Do solutions fundamentals.
of the solution path from have one of characteristics e, f) The solutions are outside the scope of standards and codes.
the initial state f, g or h? Solutions: g) The solutions require information from a variety of sources that are
complex, abstract or incomplete.
h) The solutions involve wide-ranging or conflicting issues such as technical
and engineering issues and interested or affected parties.
Step 4 What is involved in the i) Decisions require judgement in decision-making in uncertain contexts.
Determine the level of decision-making while solving j) Decisions have significant consequences in a range of contexts.
decision-making required the problem and evaluating the
and potential solution? Does it have one or
consequences more of the characteristics i
and j?
41
SRM_TEM_009 Rev 0
REGISTRATION REQUIREMENTS (Cont’d)
Solving Complex Engineering Problems
▪ The test for a complex engineering activity stated in R-02-STA-PE/PT/PCE/PN is based on
involvement in the six (6) descriptors illustrated in Table 2.
Table 2 : Complex Engineering Activities
Complex engineering activities are characterised by the following aspects:
a) The scope of activities may encompass entire complex engineering systems or complex subsystems and may extend beyond
previous experiences, i.e., unfamiliar scenarios.
b) Where the context of the activity is complex and requires identification and specification.
c) Requiring diverse and significant resources, including people and money.
d) Involvement of multiple facets such as equipment, materials and technology.
e) Significant and complex interactions between wide-ranging or conflicting technical, engineering and other issues.
f) Constraints and challenges with respect to time, finance, infrastructure, resources, facilities, applicable laws, standards and
codes.

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31
REGISTRATION REQUIREMENTS (Cont’d)
Solving Broadly-Defined Engineering Problems
Table 1 : Characteristics of Broadly-Defined Engineering Problems
STEP MAIN QUESTION CRITERIA
Step 1 Is the problem an engineering a) Does solving the problem require coherent and detailed engineering knowledge
Identification of the problem? underpinning the applicable technology area?
engineering problem
Step 2 Establishment What is the nature of the b) The problem is ill-posed, is under or over specified and requires identification
of the problem? Does it have one or and refinement into the technology area.
level of complexity of more of the characteristics b, c) The problem encompasses systems within complex engineering systems.
the initial problem statec and d? d) The problem is classified as falling within typical engineering requirements and
is solved in well accepted and innovative ways.
Step 3 What is encountered in the e) The problem can be solved by structural analysis
Complexity of the problem investigation and techniques/tools/methodologies.
problem path from the analysis process? Does it have f) Standards, codes and procedures must be applied to solve the problem, and
initial state one or more of the justification to operate outside these standards and codes must be provided.
characteristics e, f, g and h? g) The solutions require information from a variety of sources that are complex,
abstract or incomplete.
h) Involve set of interested and affected parties with defined needs to be taken
into account, including needs for sustainability.
Step 4 What is involved in the i) Practical solutions to the problem require knowledge and judgement in 47
Level of decision-making decision-making while decision-making in the practice area and require consideration of the interface
required and potential analysing the problem? Does with other areas.
consequences it have either or both j) Decisions have significant consequences that are important in the practice area
characteristics i and j? but may extend more widely.
SRM_TEM_009 Rev 0
REGISTRATION REQUIREMENTS (Cont’d)
Solving Broadly-Defined Engineering Problems
▪ The test for a broadly-defined engineering activity stated in R-02-STA-PE/PT/PCE/PN is based on
involvement in the six (6) descriptors illustrated in Table 2.
Table 2 : Broadly-Defined Engineering Activities
Broadly defined engineering activities are characterised by the following aspects:
a) The scope of the practice area is linked to the technologies used and the changes due to the adoption of new technology into
current practice.
b) The practice area is located within a wider, complex context; it requires teamwork and has interfaces with other parties and
disciplines.
c) Involve the use of a variety of resources, including people, money, equipment, materials and technologies.
d) Require the resolution of occasional problems arising from interactions between wide-ranging or conflicting issues such as
technical and engineering issues.
e) Constrained by available technology, time, finance, infrastructure, resources, facilities, applicable laws, standards and codes.
f) Having significant risks and consequences in the practice area and related areas.

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33
REGISTRATION REQUIREMENTS (Cont’d)
Solving Well-Defined Engineering Problems
Table 1 : Characteristics of Well-Defined Engineering Problems
Is the problem an engineering problem? Factors
Can the problem a) be solved mainly by practical engineering knowledge that is underpinned by
related theory?
What is the nature of the problem? Does it have one b) are largely defined but may require clarification;
of the characteristics, b, c or d? c) are discreet, focused tasks within engineering systems; and
d) are routine and frequently encountered and may be unfamiliar but in a
Problems familiar context.

What is encountered in the solution process? e) can be solved in standardised or prescribed ways;
Do the solutions have one of the characteristics, e, f, f) are encompassed by standards, codes and documented procedures (require
g or h? authorisation to work outside limits);
g) require information that is concrete and largely complete but require checking
Solutions and possible supplementation; and
h) involve set of interested and affected parties with defined needs to be taken
into account, including needs for sustainability.

What is involved in decision-making while solving the i) require practical judgement in the practice area of evaluating solutions and
problem and in evaluating the solution? considering interfaces with other role-players?
Does it have one of the characteristics, i or j? j) have consequences that are locally important but not far reaching (wider
impacts are dealt with by others)?
Do decisions
53
SRM_TEM_009 Rev 0
REGISTRATION REQUIREMENTS (Cont’d)
Solving Well-Defined Engineering problems
▪ The test for a well-defined engineering activity stated in R-02-STA-PE/PT/PCE/PN is based on
involvement in the six (6) descriptors illustrated in Table 2.
Table 2 : Well-Defined Engineering Activities

Well-defined Engineering Activities are characterised by the following aspects:

a) Scope of practice area is defined by the techniques applied and the techniques that are changed through the adoption of new
techniques into current practice.
b) Practice area is located within a wider, complex context and involves well-defined working relationships with other parties and
disciplines.
c) Work involves a familiar and defined range of resources, including people, money, equipment, materials and technologies.
d) Resolution of interactions manifested among specific technical factors with limited impact on wider issues is required.
e) Constrained by operational context, defined work packages, time, finance, infrastructure, resources, facilities, applicable laws,
and standards and codes.
f) Demonstrate risks and consequences that are locally important but are not generally far reaching.

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35
 Process flow-diagram of
Candidates Registration Professionals SRM_TEM_009 Rev 0 05-10-2020

Administrative Administrative Screening

Screening Application with Educational
Application with Requirements
Complete
Educational Set Up & Conduct Interview
Requirements Set Up Experience Appraisal (EA) to elicit more information (2
(4 Registered Peers in the Category Registered Peers in the
& Discipline & Specialisation
Discipline of the Applicant) of the Applicant)

3+ CI 2+ CNI
Moderator recommends
Set Up EA Moderation Interview
(Panel of Moderators: 1–2 Registered Peers
in the Category & Discipline of the Kept in
Moderator sign Applicant) Abeyance
off
Conduct Professional Review (PR) &
Report (3 Registered Peers in the Assessments, which may
Category & Discipline of the Applicant) include interviews and
other processes that
2 or more positive Negative ECSA may determine.
recommendations
recommendations R-01-POL, Clause 8.14
Set Up PR Moderation
(2–3 Registered Peers in the Category & Discipline of
CEO Delegated
the Applicant) [Due Process] & Outcome Sign-off CBE
Approval to
Register/Refuse Report to CRC Report to CRC
Panel of Moderators will refuse
Central Registration If refusal, decision is
Register ECSA
Discussion & endorsement
appealed against Council
oversight

Refused
Registration Process Finalisation and applicant 24
Communication (Administration) can re-apply
REGISTRATION REQUIREMENTS (Cont’d)
Understanding the features of the ECSA Digital Registration
Certificate
Applicants
’ Names

Regi
tration Ca
ry

Reg ati
n Date

Current President
& O si ur
Reg tion
Number

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37
REGISTRATION REQUIREMENTS (Cont’d)
How to certify the ECSA Digital Registration Certificate
▪ ECSA Office Interim measure:
• Two legal persons in the ECSA offices can commission a copy of the digital certificate post
verification by the registration department
• This provision is found in Section 18 of the Electronic Communication and Transaction Act,
2002 (Act No. 25 of 2002)
▪ For any confirmation of registration and/or ECSA certificate, you can email:
• Mr Zweli Langa: Registration Officer: zwelibanzi@ecsa.co.za
• Ms Valentine Ndlovu: Manager: Registrations Department: valentine@ecsa.co.za

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38
IEA – INTERNATIONAL REGISTERS

▪ The international register is open to any ECSA-registered professional who meets the
requirements of the Competency Agreement as per IEA’s rules and procedures.
▪ ECSA maintains the international registers for Engineers, Engineering Technologists and
Engineering Technicians.
▪ These registers are regulated by the three (3) Competency Agreements namely:
• IPEA, IETA, and AIET
▪ Each member of the IEA keeps its own section of the international register within its
jurisdiction.

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39
REGISTRATION REQUIREMENTS (Cont’d)
IEA - International Registers
▪ If an ECSA registered persons are registered in the international register section of South
Africa, those registrants are entitled to use the following postnominals:
• International Professional Engineer – Int PE(SA)
• International Engineering Technologist – Int ET(SA), and
• International Engineering Technician – Int ETn(SA)

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40
REGISTRATION REQUIREMENTS (Cont’d)
IEA - International Registers
▪ Requirements to register on the International Register:
▪ To meet the competence agreements standards, the interested party shall demonstrate or
meet the following requirements:
1. Have academic qualification accredited or recognised by ECSA including those
recognised through the relevant accords for the category;
2. Be professionally registered with ECSA in a relevant category;
3. Have a minimum period of seven (7) years’ practical experience since graduation;
4. Have a minimum period of two (2) years in responsible charge of significant
engineering work; and
5. Maintain continuing professional development at a satisfactory level.

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41
REGISTRATION REQUIREMENTS (Cont’d)
IEA International Registers

❑ Requirements to register on the International Register

▪ To meet the competence agreements standards, the interested party shall demonstrate or
meet the following requirements:
• Have academic qualification accredited or recognised by ECSA including those recognised through
the relevant accords for the category;
• Be professionally registered with ECSA in a relevant category;
• Have a minimum period of seven (7) years’ practical experience since graduation;
• Have a minimum period of two (2) years in responsible charge of significant engineering work; and
• Maintain Continuing Professional Development (CPD) at a satisfactory level.

REF: ECSA & IEA Websites

42
42
REGISTRATION REQUIREMENTS (Cont’d)
IEA International Registers

❑ Requirements to be registered on ECSA’s section of International Register.

▪ The following documents would be required for any Applicant to be considered on ECSA
section of the International Register:
1. Completed prescribed Application Form
2. Completed Experience Report
3. Summary of Experience Reports
4. Referee Reports
5. Record of CPD
6. Applicable fee

REF: ECSA Website

43
43
REGISTRATION REQUIREMENTS (Cont’d)
Mutual Recognition Agreements (MRAs)
These jurisdictions, Engineers Australia, Engineers Ireland and the Engineering Council UK have
established mutual recognition of their requirements for Professional Registration and agreed that
such registered people of at least certain period of each of the parties to these agreements will
be accorded corresponding registration of the other on receipt of a duly completed acceptable
application form.

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44
RELATIONSHIP WITH THE VOLUNTARY ASSOCIATIONS (VAs)
Engineering Voluntary
ECSA
Recognition Associations
Functions:
AeSSA
•Set Standards
SAIAE
•Accredit
SAIChE
•Register
SAICE
•Regulate Recommends Peers on SAIEE
Professional
request : Assessors, SAIIE
Conduct
Reviewers & Moderators SAIMechE
•Act in the interests
SAIMM
of the public
CESA
•Advise government
IPET
COET + …..

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45
 THANK YOU

CONTACT DETAILS
Tel: +27 (0)11 607 9500
E-mail: engineer@ecsa.co.za

SRM_TEM_009 Rev 0
 DECISION MAKING IN AN
UNCERTAIN ENVIRONMENT

ENGINEERING PROFESSIONALISM
(IPI 410)

Kekana Katlego Tony

Enterprise Risk Manager
katlego.kekana@implats.co.za
BEng, BCompt, MBA
VUCA ENVIRONMENT

https://www.youtube.com/watch?v=ubeWeJo-SLM
IMPLATS
2
STRATEGY 2021
SO WHAT?

IMPLATS
3
STRATEGY 2021
UNDERSTANDING DECISION MAKING

IMPLATS
4
STRATEGY 2021
DEFINING DECISION MAKING

IMPLATS
https://www.youtube.com/watch?v=g8vHhgh6oM0&ab_channel=DIEHARDave
5
STRATEGY 2021
DECISION MAKING IN ENGINEERING INDUSTRY

• Plant and machinery design and building

• Mining operations
• Development of information technology
• Infrastructure design and building, e.g. Bridge
• Development of military weapons (like nuclear bombs)
• System optimisation for supply chain
• Power generation and supply
• Material selection for engineering developments

IMPLATS
6
STRATEGY 2021
ELEMENTS OF DECISION MAKING

• Relevant and timeous data and information

• Objective analysis
• Cognisant of subjective analysis (biases)
• Have no control of the outcome
• Repeatable given same outcome
• Luck influence outcome

IMPLATS
7
STRATEGY 2021
INFLUENCE OF RISK ON DECISION MAKING

IMPLATS
8
STRATEGY 2021
CONCEPTS OF RISK

IMPLATS
9
STRATEGY 2021
RISK MANAGEMENT

IMPLATS
10
STRATEGY 2021
RISK MANAGEMENT TOOLS AND TECHNIQUES

• Bowtie
• HIRA
• FMIA
• HAZOP
• Brainstorming
• Delphi
• 5 why
• Root Cause Analysis
• Cost Benefit Analysis

IMPLATS
11
STRATEGY 2021
MANAGING RISK (5TS)

• Transfer
• Tolerate
• Treat
• Terminate
• Take – (opportunity)

IMPLATS
12
STRATEGY 2021
ETHICAL DECISION MAKING

IMPLATS
https://www.youtube.com/watch?v=efanW5oSX6U&ab_channel=mapmanoz
13
STRATEGY 2021
ETHICAL DECISION MAKING

https://www.youtube.com/watch?v=S23dgKCPb0U&ab_channel=JeffreyQuesnelle
IMPLATS
14
STRATEGY 2021
RISK ASSOCIATED WITH ETHICS

• Reputational damage
• Fraud and theft
• Lies
• Misconduct
• Emotional abuse of other colleagues
• Loss of lives
• Business liquidation
• Increasing conflicts

IMPLATS
15
STRATEGY 2021
CODE OF CONDUCT

IMPLATS
16
STRATEGY 2021
 IPI 410 Questions

STUDY GUIDE THEME 1: INTRODUCTIION 4. Distinguish boundaries of competence in

problem solving & design
1. What are the consulting hours for this course? 1. What is the critical awareness that a student 5. Understanding system of professional
Tuesday 13:00 - 15:00 successful in this module needs to demonstrate? development (CPD)
Act professionally and ethically, exercise judgement
2. Can the assignment be ring bound? Justify your and take responsibility within own limits of 6. Can an engineer stay abreast by not maintaining his
answer. competence. or her competence?
No, only stapled on top left hand corner No
Competence - the ability to do something
3. Can any cover page be used for the assignment? successfully or efficiently 7. How can competence be maintained?
Document may not contain any plastic or other type 1. Post-graduate study/courses
of cover sheet, except for the cover sheet provided in 2. How is ELO10 related to NQF8? 2. Participate in conferences & congress
Appendix A. Cross-linking between the ELO10 and NQF8 is done 3. Publication of peer reviewed articles
by ECSA: Responsible Citizen.
4. Can you submit an assignment that does not comply 8. What are the main steps in making a decision?
with all the requirements and expect it to be ELO10 - Exit Level Outcome 10: Engineering 1. Obtain information to understand
accepted? NQF8 - National Qualifications Framework level 8: 2. Evaluate the information
No, submissions that do not comply with Professional qualifications 3. Decide the decision/judgment
requirements will be rejected. ECSA - Engineering Council of South Africa
9. How is decision making relevant to being
5. How many special/sick tests will there be? 3. What are the requirements to exhibit professional?
One special/sick test, on all the work up to that date. professionalism? 1. Recognised
1. Maintain competence, keep up-to-date 2. Addressed
6. It is common knowledge that one can bypass TurnItIn 2. Display understanding of professional How problems should be addressed not only in daily
by submitting a graphics file. What will the result development system life but also problems addressed by professionals.
thereof in this course? 3. Accepts responsibility of own actions
The digital file will be rejected and the printed file will 4. Displays judgement in problem solving & design 10. What defines ethics for professional engineers?
therefore not be assessed. 5. Limits decision making to competence The Code of Conduct of registered persons with ECSA
6. Ethical judgements in context
7. How many opportunities will there be to submit the 7. Discerns boundaries of competence.
digital version of the assignment?
Several times. 4. What are the core areas of ELO10?
1. Competence in relation to professionalism
8. Where will one find the problem statement of the 2. Accepting responsibility for own actions
Exam assignment? 3. Judgement in decision making & problem
It can be found in the Preliminary Notes for IPI 410. solving
4. Code of Conduct knowledge of registered
9. What is the common topic of most of the references persons and CPD
in the Study Guide?
Plagiarism, and how to avoid it. CPD – Continued Professional Development

10. Of how many themes does this course consist of, the 5. What are the core aspects of competence?
Introduction included? 1. Continued competence maintenance
10 themes. 2. Keeping up to date with tools & techniques
3. Limit decision making to area of competence
 IPI 410 Questions

THEME 2: ECSA 7. Is regulation of engineering only localised to South 13. Although many people call themselves engineers,
Africa? If not what is the implication of that? professional engineers may distinguish themselves
1. Where has engineering as a science made major Yes, primarily regulated within South Africa. from these people. How is that done?
contributions? However, the standard is recognised internationally. Reserved names - Pr. Eng
Contributing to improvement of human health, safety Professional Registration
and comfort. 8. Is Engineering the only regulated profession? Justify
you answer. 14. After registration what is the professional
2. What are the dimensions of a profession? No, other professions such as the medical profession requirements for an engineer?
1. Learned calling, requiring advanced knowledge, and charted accountants are also regulated. Training: Mentorship
understanding and abilities Experience
2. Limit activities to their area of knowledge 9. What are the characteristics of a true professional Commitment and Undertaking (C&U)
3. Maintain confidence engineer?
1. Recognition title Pr. Eng 15. What are the two main requirements to be met for
3. Is there legal justification for the existence of ECSA? 2. Confirms registered person has been assessed professional registration?
Yes 3. Confirms engineer’s ability to accept 1. Academic entry level requirement
ECSA: A statutory body created by Acts of 1968, professional responsibility 2. Three years of practical training post
1990, 2000 qualification
10. Does ECSA have any influence over the training and
4. Which measures does ECSA use to regulate experience of engineers in South Africa? Justify your 16. Name the aspects of the development of professional
engineering in South Africa? answer. competence.
1. Registration Yes, ECSA set and audits academic programs that the 1. Candidate works with supervision of qualified
2. Accreditation of academic programmes engineers in South Africa undergo. engineers
3. Regulation Professional conduct 2. Training process with structured activities
4. Setting standards for education & registration 11. Who are the current members of the engineering 3. Develop relationships with supervisors
family? 4. Direct or indirect supervision of Engineering
5. What is the prime focus of ECSA? Engineers Profession
1. Statutory body in terms of the Engineering Certified Engineers 5. Mentor guides development
Professions Act 46 of 2000, which regulates Engineering Technologists
engineering in SA. Engineering Technicians 17. What are the main levels in the training progression
2. Principle focus: Public Health, Safety & Interest of a candidate engineer?
3. Sets & audits Academic & Professional 12. What are good reasons to register professionally? 1. Being exposed
development standards. 1. Engineering Risk, therefore carry work out: 2. Assisting
4. Sets & enforces Standards of Professional Responsibly & ethically 3. Participating
conduct. Economically 4. Contributing
5. Builds international relationship for Resource conservatively 5. Performing
international recognition Interest of public health and safety
Sustain environment 18. How does the nature of the work change as a
6. Does ECSA have any partners? Name one that should Life-cycle risk analysis candidate engineer progresses?
be of particular interest to you? 2. Regulated profession 1. Observing
Yes, and voluntary associations 3. Peer recognition of qualification & experience 2. Performs under close supervision
Concrete Society of Southern Africa 4. Public confidence in engineer’s competence 3. Performs under limited supervision
… Cause… I like concrete ‘_’ 5. Professional societies membership 4. Performs with approval of work
6. International recognition 5. Performs without supervision
7. Marketability
 IPI 410 Questions

19. From which stage does a candidate engineer start to THEME 4: RULES OF CONDUCT FOR REGISTERED PERSONS 7. What must a registered person disclose to their
have full responsibility for the work allocated to him employers and clients? What is the required method
or her? of disclosure?
1. Is the Code of Conduct (CoC) a desired or required
At the participating stage with performing under Disclose: Any interest related to the work
aspect of professional engineering? Justify you
limited supervision. Particulars of royalty or benefits as a result
answer.
of the work
Required.
20. How does the level of support change as a candidate Status of indemnity insurance cover
The Code of Conduct is subject to an Act, which binds
engineer progresses through training?
it to the law making it Regulatory and not optional.
1. Explains challenges/solutions Method: Disclosed in writing
2. Coaches & feedback
2. What are the main objectives of the CoC?
3. Reduces support 8. For what and under what condition may a registered
1. Apply interest & knowledge in the interest of the
4. Candidate should articulate own reasoning person not receive any gratuity or similar?
public & environment
5. Candidate takes on without support For any article or process used for the work they are
2. Execute work with integrity & according to the
employed for.
norms of professional conduct
3. Respect interest of public & honour standing
9. What situations must be avoided?
profession
Situations that lead to conflict of interest
4. Strive to improve skill & their subordinates
5. Encourage excellence
10. Can registered person or candidate engineer colour
6. Do not prejudice public health & safety
his CV? Justify your answer.
No.
3. How does a registered person demonstrate
May not knowingly misrepresent qualifications or
competency in terms of the CoC?
competency
1. Discharge duties with care, skill & diligence
2. Undertake work according to education,
11. How would one expect the decisions of registered
training, experience & within category of
persons to be? Name the characteristics.
registration
1. Honest
3. Adhere to norms of profession
2. Objective
3. Based on facts
4. What are characteristics that the discharging of a
registered person must uphold? Towards whom must
12. Can a registered person directly or indirectly sweeten
this be?
the process of obtaining work? If not, why?
Characteristics: Integrity, fidelity, & honesty
No.
To whom: Employers, clients, associates, & public
Cannot improperly seek to obtain work or by
payment to client to obtained work.
5. Under what conditions should a registered person
not undertake work in terms of the profession?
13. If a registered person approved or certified work,
Conditions that would compromise their ability with
what is the implication that this has in terms of the
the norms of the profession
work?
Work has been reviewed or inspected to confirm
6. If a registered person engages in certain acts it is in
correctness of certification.
contravention of the CoC, what are they?
Under dishonesty, corruption or bribery
 IPI 410 Questions

14. A retired registered person decides to write his 21. The world of engineering is currently very May not issue any information unless bears name of
biography. Are there limits on the detail in the competitive and the economic circumstances are not organisation concerned, name of Registered person
biography? very appealing. So should a registered person sow and date of preparation.
Yes. seeds of doubt about the reputation of other
May not, required by law, divulge any information of competing registered persons? Justify your answer. 27. Does a registered person only sign, when required, in
confidential nature that was obtained during duties. No. ink? Justify your answer.
The CoC specifies that no maliciously or falsely Electronic signatures may be used, as approved by
15. If a registered person should become insolvent, accusations can be made to the professional the Electronic Communications and Transaction Act
under which conditions must the council be reputation of other Registered Persons, the Council 2002
informed? or others.
When insolvency has been caused by negligence or 28. Can a registered person shift blame for any work
incompetence in engineering duties. 22. What are the requirements for the advertising of the done by his or her subordinates? Justify your answer.
services of a registered person? No.
16. When a registered person becomes subject to certain May not advertise in a misleading or exaggerated Takes full responsibility for all subordinates including
situations, the Council must be informed without manner candidates that are registered.
delay. On what are these situations based? (Excluding
insolvency.) 23. When and under what conditions may a registered 29. Can a registered person, as the director of an
1. Removal of office from improper conduct person review the work of another registered engineering concern, merely delegate work to
2. Convicted of offence or sentenced to person? subordinate? Justify your answer.
imprisonment without “fine” option OR fraud 1. Review carried out for different client No.
with fine option 2. Prior knowledge with other Registered Persons Control work that is exercised and responsibility
3. Engagement of other Registered Person has thereof.
17. What must a registered person have due regard for been terminated in writing
and give priority to? 4. Intended for dispute resolution or legal 30. A suspicion of improper conduct is investigated. Can
The public proceedings a registered person refuse to provide information if
Give priority to the health, safety and interest of the 5. Routine or statutory checks requested by Council.
public No.
24. Office space is becoming scarce and expensive, old Must provide all the information
18. Must a registered person always inform Council if his historical documents and plan take up space. What
or her advice is disregarded? Justify your answer. are the criteria that may be applied to discarding 31. How many days after change of physical address
Yes information? must a registered person notify Council of such
CYA – Cover Your Ass May not destroy or dispose information within a change?
This will insure the person is justified if something period of 10 years Without delay
happens
25. A registered person gets wind of a work opportunity. 32. A project is in its final stages. The last 40 days would
19. What are the requirements for the effect of What requirements must be met by the registered require long hours and total focus. Can a registered
engineering activities as prescribed by the CoC? person to establish a contract on behalf of his or her person disregard any correspondence that relates to
Regard for the environment and meet development employers? work or the CoC during that time?
ability to meet future generation needs. Written authority of the employers and clients No, as there is 30 days to respond to correspondence
received.
20. How must a registered person’s conduct be in 26. A candidate engineer is very excited about the state-
relation to the profession? of-the-art project in which he or she is involved and
Uphold dignity, standing & reputation wants to write an article about it for the newspaper. HEADING
What are the requirements that must be fulfilled
during this process? [Text]
Previous Multiple Choice Questions

Q. Your prospective employer has access to your student records that

indicates that you have taken longer than usual to get you degree and
have failed a number of subjects in the line of work you are pursuing.
Furthermore he gains access, illegally, to your banking history, they
indicate that you regularly purchase alcohol with your debit card from
the bottle store near you. He decides to enquire whether you have a
criminal record and establishes that you have a record for drunk
driving. Based on these facts he decides not to hire you.

This prospective employer has violated which of your privacy rights?

a) Decisional privacy
b) Physical privacy
c) Informational privacy
d) Proprietary privacy

Q. On January 19,1995, Jake Baker, a sophomore at the University of

Michicgan posted a sexually explicit story to the Usenet newsgroup
alt.sex.stories, which is devoted to sexually explicit material. In
the story, Baker describes the kidnapping, rape, torture and murder of
a young woman. Baker clearly labelled his story as containing “lots of
sick stuff” such material is not uncommon to the particular newsgroup
where the story appeared. For the name of the woman in the story, he
used a name of a woman in one of his classes. The woman did not know
Baker and was not aware of the existence of the story until later
notified by University officials.

Which of the woman’s privacy rights were violated in this instance?

a) Decisional privacy
b) Physical privacy
c) Informational privacy
d) Proprietary privacy

Q. If strict liability is legally enforced then this implies that:

A. The produces of the product is responsible for any problem with the product.

Q. Which one of the following elements cannot be regarded as part of

the basic elements of the classical model of moral responsibility?
a) The causation of certain negative effects by the actions of a
particular human agent/s
b) The absence of certain subjective factors such as the intention to
inflict harm and foreknowledge of the effects of one’s actions
c) The application of a particular set of moral values in the
evaluation of the actions and intentions.

Q. Dishonesty in engineering can take on a number of forms. Which of

the following actions does not represent one of these forms?
a) Unintentional deception
b) Witholding information
c) Lying
d) Failure to seek out the truth

Q. Is the following statement true or false? It is only necessary for

the engineer as professional to avoid actual conflicts of interest
a) True
b) False

Q. Mis-presentation of information by engineer is wrong from a

utilitarian perspective for a number of reasons. Which on of the
following reasons does not fit in?
a) It can impact the health and safety of the public
b) It can jeopardise autonomous decision making by persons
c) It can undermine public trust in the engineering profession

Q. Is the following statement true or false?

“Whistle blowing is an example of disobedience by contrary action”
a) True
b) False

Q. Identify three primary approaches to environmental management

a) Environmentally sensitive, profit oriented, regulation oriented
b) Crisis oriented, business oriented, enlightened
c) Health related, non health related, instrumental
d) Crisis oriented, cost oriented, enlightened
e) Anthropocentric, environmentally friendly, indifferent

Q. Which one of the following distinctions with regard to concern for

the environment would be most suitable for defining the following
statement?
“The environment is one of our most precious assets and should be
preserved for the sake of future generations”
a) Intrinsic
b) Health related
c) Instrumental

Q. Which position regarding the environment is reflected in an extreme

form in the following statement:
“If then, the total final absolute extermination of our species should
take place and if we should not carry all the others with us into
oblivion, not only would the earth’s community of life continue to
exist, but in all probability its well being would be enhanced”
a) Environmental movement position
b) The anthropocentric position
c) The animal liberation movement position

Q. Is the following statement true or false?

“ The environmental movement can be primarily credited for challenging
the speciesism prevalent in western ethics”
a) True
b) False

Q. Is the following true or false: “The culture transcending norms the

handbook identifies are de jure universal norms”
a) True
b) False

Q. Is the following true or false: “As professional engineers should

accept full responsibility for the impact that their firms actions
have on he host country.”
a) True
b) False

Q. Is the following true or false: “The primary role of engineering

societies is to enforce professional ethics.”
c) True
d) False

Longer Questions

Q. Now that you have read the prescribed articles of De Viliers and
Winner, what would you say is the professional and social
responsibility of engineers? Motivate you opinion.
(15)