TITLE 27

TITLE 27

Chapter 27:16 PREVIOUS CHAPTER

ZIMBABWE INSTITUTION OF ENGINEERS (PRIVATE) ACT

Acts 36/1967, 57/1972 (s 24), 15/1976, 29/1981, 29/1985, 22/2001; R.G.N 124/1974;
S.I. 362/1980.
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Interpretation.
3. The Institution.
4. Objects.
5. Grades of members.
6. Registrations amended.
7. Register of members.
8. Records to be sent to Minister.
9. Management and control.
10. Limitation of liability.
11. Seal.
12. Removal from Register on non-payment of fees.
13. Application to High Court.
14. Suspension and removal by High Court.
15. Improper use of designations.
16. Regulations.
AN ACT to re-enact with amendments the provisions of the Rhodesian Institution of
Engineers (Private) Act [Chapter 216 of 1963].
[Date of commencement: 20th October, 1967.]
WHEREAS the Rhodesian Institution of Engineers (Private) Act [Chapter 216 of
1963] provides for the establishment and incorporation of the Rhodesian Institution of
Engineers, defines its powers and its objects, makes provision with respect to
different classes of members and the designation and description of members and
with respect to improper use of such designations and descriptions, provides for the
appointment of an Inaugural Board and the registration of members, provides for the
appointment of a Council and the management of the Institution and for other matters
connected with the foregoing;
AND WHEREAS it is expedient to extend the objects of the Institution, to amend the
classes of membership and to provide an additional class of membership, to amend
the Council’s powers governing the admission of members, to provide for the use of
prefixes to the names of members, to amend the designations and descriptions which
members may use, to amend the registration of members and their qualifications of
membership and to make further and other amendments incidental thereto or
consequential thereon;
AND WHEREAS it is expedient to re-enact the Act with amendments giving effect to
the matters specified in the preceding paragraph of this preamble and, in so doing, to
leave out certain provisions of the Act which are spent:
BE IT ENACTED:—
1 Short title
This Act may be cited as the Zimbabwe Institution of Engineers (Private) Act
[Chapter 27:16].
2 Interpretation
In this Act—
“Council” means the Council of the Institution;
“Institution” means the Zimbabwe Institution of Engineers established by the
previous Act and by this Act;
“member” means a person registered in terms of this Act as a member of the
Institution of any grade;
“Minister” means the Minister of Public Construction and National Housing or any
other Minister to whom the President may, from time to time, assign the
administration of this Act;
“previous Act” means the Rhodesian Institution of Engineers (Private) Act [Chapter
216 of 1963];
“Register” means the list of members registered as members of the Institution.
3 The Institution
(1) The Institution established by the previous Act is hereby re-incorporated under the
same title in terms of this Act.
(2) The Institution established is a body corporate with perpetual succession capable
of suing and being sued and may—
(a) purchase, hire or otherwise acquire and hold movable and immovable
property and erect buildings for the purposes of the Institution;
(b) borrow or otherwise raise money in such manner as the Institution
may think fit;
(c) sell, realize, lease, mortgage, alienate, improve or otherwise deal with
all or any of the property of the Institution;
(d) invest the funds of the Institution which are not immediately required
upon such security, if any, as may from time to time be determined;
(e) institute, control and supervise professional and technical training,
teaching and examinations;
(f) establish, support or aid in the establishment and support of
associations, funds, trusts, pensions or provident schemes to benefit officers,
members or former officers and members or their dependants, and grant pensions and
allowances to any officer, member or former officer or member or his dependants;
(g) make charitable donations and grants-in-aid of objects which would
benefit the profession;
(h) do all such acts and things as are conducive to the attainment of the
objects of the Institution.
4 Objects
The objects of the Institution are—
(a) to promote the general advancement of engineering and its allied
sciences and their application and to facilitate the exchange and dissemination of
information and ideas in such matters amongst members and other persons or
associations;
(b) to raise the character and status of the profession of engineering and
its allied sciences, to promote honourable practice and repress malpractice and to
increase and promote the confidence of the community in those persons practising
and teaching the profession of engineering and its allied sciences;
(c) to promote the study and the advancement of the engineering sciences
and their application by the prosecution of scientific research and the establishment of
technical libraries and other facilities, to make grants of money, books, apparatus or
otherwise in connection therewith and to conduct, prescribe or approve of training,
courses and examinations in and the teaching of engineering knowledge;
(d) to hold meetings of the Institution for reading papers and discussing
matters bearing upon engineering, or the application thereof, or upon subjects relating
thereto, to publish papers and to make awards to authors for papers of special merit;
(e) to take such steps as may be deemed desirable to promote good public
relations and the recruitment of personnel to the profession of engineering and its
allied sciences.
5 Grades of members
The grades of members shall be as prescribed.
6 Registrations amended
All members registered as honorary members, full members, associate members,
associates, companions, graduates and students under the previous Act shall, subject
to regulations made in terms of section sixteen, from the 20th October, 1967, be
registered respectively as honorary fellows, fellows, members, affiliates, companions,
graduates and students.
7 Register of members
The Council shall maintain the Register in which any person was registered as a
member of the Institution in terms of the previous Act as altered in pursuance of
section six and shall effect further registration of persons entitled to be registered as
members in terms of this Act.
8 Records to be sent to Minister
(1) The Council shall, within fourteen days after the registration of any person under
this Act, transmit to the Minister a duplicate of such entry in the Register.
(2) Every change affecting the Register shall be noted therein and notified to the
Minister within a like period.
9 Management and control
The management and control of the Institution shall be vested in the Council which
shall be appointed or elected by the Institution and which may exercise all such
powers and do all such things as may be exercised and done by the Institution save
those which are expressly directed by this Act to be exercised or done by the
Institution in general meeting.
10 Limitation of liability
Members of the Council shall not be personally liable for any action taken in such
capacity, and the personal liability of any member shall be limited to the payment of
his subscription, registration and transfer fees.
11 Seal
The Council shall provide a seal for the Institution and shall have power from time to
time to destroy the said seal and substitute another in place thereof. The seal of the
Institution shall only be affixed to a document in pursuance of a resolution of the
Council and in the presence of two members of the Council who shall testify it duly
executed by their signatures thereto and thereupon such document shall be received
and recognized as the act of the Institution.
12 Removal from Register on non-payment of fees
If the subscription or fees of any member are in arrear for more than six months after
having been duly demanded, his name may by resolution of the Council be removed
from the Register and he shall cease to be a member but he shall be liable to pay all
moneys due by him to the date of such removal:
Provided that on payment of the said arrears the Council may restore such member's
name to the Register.
13 Application to High Court
Whenever the Council refuses to register the name of a person applying to be
registered as a member of the Institution such person may apply to the High Court for
a review of such decision and the Court may make such order as it thinks fit,
including an order as to costs.
14 Suspension and removal by High Court
(1) The Council may apply on notice of motion to the High Court for the suspension
of any member or for the removal of his name from the Register on the ground—
(a) that he has been convicted of an offence and sentenced to
imprisonment without the option of a fine; or
(b) that his estate has been declared insolvent; or
(c) that he has been found guilty of unworthy or unprofessional or
dishonourable conduct;
and the Court may thereupon make such order as it thinks fit, including an order as to
costs:
Provided that before making such application an inquiry into the allegation against
such member shall be held in such manner as may be prescribed.
(2) If a member is suspended he shall not be entitled to the privileges of membership
during such suspension and if his name is removed from the Register he shall cease to
be a member, but he shall be liable to pay all moneys due by him up to the date of
such suspension or removal of his name from the Register.
15 Improper use of designations
(1) A person who—
(a) not being a member of the Institution, describes or holds himself out
as a member or uses any name, title, prefix, description, letters, abbreviations or
initials indicating that he is a member; or
(b) being a member of the Institution, describes or holds himself out as a
member of a grade in which he is not registered or uses any name, title, prefix,
description, letters, abbreviations or initials indicating that he is a member of a grade
in which he is not registered;
whether by advertisement, letters or writing or by description in any form in or at his
place of business, residence or elsewhere shall be guilty of an offence and liable to a
fine not exceeding level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, gazetted on the 1st February, 2002.]
16 Regulations
(1) The Council may, subject to the approval of the Minister, make regulations—
(a) providing for the management, including the appointment and
remuneration of officers, powers and duties of the Institution and defining the rights,
privileges and conduct of the members;
(b) prescribing the qualifications of any grade of members and the rights
and privileges within the Institution attaching to such grade;
(c) prescribing the titles, prefixes, descriptions, letters, abbreviations or
initials by which members of any grade may indicate their status as such;
(d) providing for the composition of the Council and the nomination and
election or appointment of members of the Council;
(e) prescribing the procedure, powers and duties of the Council and the
conduct of its affairs;
(f) prescribing the procedure and forms in connection with—
(i) applications for membership;
(ii) the registration of members;
(iii) the transfer of members from one grade to another;
(g) prescribing the procedure for the removal or resignation of members;
(h) for the preservation of the copyright of papers, reports of proceedings
and discussions of the Institution;
(i) for the establishment of divisions of the Institution in different areas
of Zimbabwe;
( j) for the formation of sections and branches within the Institution and
providing for their registration, discipline, procedure, powers and duties;
(k) for the formation of committees and the delegation of the Council's
powers to such committees;
(l) making provision for voting by proxy, by post and otherwise;
(m) prescribing the procedure for inquiry into the conduct of members;
(n) as to what shall constitute unworthy, unprofessional or dishonourable
conduct;
(o) as to the fees payable on registration and transfer of members and as
to the subscriptions to be paid by members;
(p) prescribing the time, mode and place of summoning and holding
ordinary and special general meetings, the quorum to be present thereat, the mode of
voting and the conduct of proceedings thereat;
 (q) tending in general to maintain and improve the status and promote the
general advancement of professional engineering and its allied sciences, to facilitate
the exchange and dissemination of information and to enable agreements to be
entered into with other institutions for recognition of the Institution on a reciprocal
basis and the registration of members, and generally for carrying out the objects of
the Institution;
(r) providing for anything which under this Act is required or permitted to
be prescribed or which, in the opinion of the Council, is necessary or convenient to be
prescribed for carrying out or giving effect to the provisions of this Act:
Provided that no regulation shall fix or provide for the fixing of fees for professional
services.
(2) Regulations made in terms of subsection (1) may prescribe any institution,
association, society, degree, diploma, certificate or qualification for any grade of
membership of the Institution by reference to a publication or document which—
(a) contains a list of such institutions, associations, societies, degrees,
diplomas, certificates or qualifications, as the case may be; and
(b) is available for inspection, free of charge, at the offices of the
Institution.
(3) If on one of the twenty-eight days on which Parliament next sits after any
regulations made under subsection (1) are laid before it in terms of section 36 of the
Interpretation Act [Chapter 1:01] a resolution is passed requesting the Minister to
rescind or vary the regulations, the regulations shall forthwith be rescinded or varied,
as the case may be, by statutory instrument without prejudice to the validity of
anything previously.

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