Draft Geomatics Bill

Dear Fellow Members of the Geomatics Industry

Please find my humble and honest contribution in terms of comments to the draft Geomatics Bill. I have first quoted the section of the Bill before providing my comment so as to ensure that the context supports the comment.

To provide for the transformation of the geomatics profession; to provide for the
establishment of the South African Geomatics Council as a juristic person; to
provide for the facilitation of accessibility to the geomatics profession; to provide
for different categories of registered persons and branches in the geomatics
profession; to provide for the identification of areas of work to be performed by the different categories of registered persons; to provide for the recognition of certain voluntary associations by the Council; to provide for measures designed to protect the public from unethical geomatics practices; to provide for measures in order to maintain a high standard of professional conduct and integrity; to provide for the establishment of disciplinary mechanisms; to provide for the establishment of an Appeal Board; and to provide for matters connected therewith.

Although the above statement seem to be inclusive of all things good in terms of the regulatory frameworks for an industry such as the geomatics industry, it does however seem to protect everybody’s interests except that of the geomatics practitioner. The composition of the council also seems to be removed from the reality of what practitioners’ experience. It is most likely that both the public as well as the practitioners rights can not be protected under the same bill. Would there then be professional organizations that practitioners will also have to join to protect themselves?


Chapter 1: Definitions

"branch" means a specific specialisation field of geomatics including, but not
limited to, land surveying, topographical surveying, engineering surveying, mine surveying and geo-spatial information science or any other specialisation field which may from time to time be determined by the Minister by notice in the Gazette;

Will this “branch” also include educators such as teachers/lecturers of geo-spatial information sciences?

Chapter 2: South African Geomatics Council

8. Powers and Duties of Council

(iv) must within 90 days of its first meeting, or within such extended
period as the Minister may approve, make rules in respect of
the manner in which any person must apply for registration and
the qualifications necessary for such registration;

My concern with the above is that it seems that we are once again moving to a point where we have no idea of what really qualifies a person to register and in what category. It also seems that we have to support something (The Bill) that might come back to bit us in the ass, but we have to support it nonetheless. It further also raises the question: will there be a grandfather clause under the Geomatics Bill?”

(c) with regard to fees –

Provided that in determining such fees the Council must be guided by
the actual administrative costs associated with the specific service;

Will this be a similar cost PLATO is currently requiring? It does not make mention of what will be done with this fee. Except for certificates, what other incentives would there be for professionals to join and pay their fees?

Chapter 3

Registration of persons

(2) (a) A person may not practice in or perform any work, whether for reward
or otherwise, which is reserved for any of the categories or branches referred to in
subsection (1), unless he or she is registered in that category or branch or such practice or performance is supervised as may be required.

If I understand this correctly this means that if I want to do GIS work in South Africa I must be registered under the Geomatics Bill to earn an income? If this is the case, what will the committee do if I don’t register? What due course do they have over non members to discipline and pursue them under the law?

It further raises another question: “What about my rights under the constitution?” I especially here refer to:

18. Freedom of association.-Everyone has the right to freedom of association.

Currently it seems like an “ultimatum” – either you join the Geomatics Bill and it structures or you are an outcast and may not earn money for a profession which you have been trained in and has been practicing in for several years. In this “ultimatum” it seems that my right of association has to be wavered for me to earn an income. If the current context of PLATO registration can be used in an example of a tedious, non-transparent and very costly application process then why one would be inspired to believe that the Geomatics Bill would transform this picture in a smooth, fast and productive process for individuals that want to practice with the geomatics realm?

Although the Act allows for work to be done by non-registered personnel as long as supervised by registered personnel, the implications for growth in private sector as well as staff retention becomes a matter of affordability. Is this really contributing to the regulation of the industry and the expansion of the industry?

The vagueness around rules to be compiled by the council further makes it difficult to support a framework without knowing what the rules will entail. However, taking cognizance of the fact that most of the rules from PLATO will be transferred for acting purposes, it still leaves a void for full committal on something that will governs ones future.

Chapter 7

Transitional Provisions

(2) The South African Council for Professional and Technical Surveyors
established by section 2 of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984}, continues to exist and may exercise its powers and perform its duties and functions after the commencement of this Act until the effective date, on which date that council ceases to exist.

My concern around the above statement is that we as Geomatics practitioners have not really seen any beneficial action under PLATO. In actual fact, all we have seen is a disconnected, slow and very costly process of becoming a registered member.

PLATO has further not done anything to promote, assist and/or guide the industry. This is evident in the law exam workshops that had to be arranged by GISSA. Their presence (or lack thereof) at GISSA meetings suggests that they are only interested in the annual registration fees and not in our professional development and growth as an industry.

Last Comment:
Nowhere in the current bill has there been any reference to the Consumer Protection Act (Act No68 of 2008). This act has had severe impact on various other (related) professional industries in the way they interact with clients, their guarantees and deliverables and time frames. Would the impact of the Consumer Protection Act have on our industry be something that will be dealt with in amendments in the future?

With the best of intentions at all times.

Kind regards,
Burnie Nawn

The bill has address some of my personal concerns but i have to agree with the observation raised by Burnie Nawn that is the issue of the Consumer Protection Act in relation to our industry must be spelt out clearly.Best regardsAreola Abiodun