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Council Notice No. 1/2020

NOTICE TO ALL REGISTERED MEMBERS OF THE NAMIBIA COUNCIL FOR ARCHITECTS AND QUANTITY SURVEYOR: NOTICE NO. 1/2020 Date: 14.02.2020

THE NCAQS obtained a legal opinion from Senior Counsel regarding the legality of members negotiating/tendering their professional fees on public tenders issued by public entities.

This is in conflict of the minimum fee scale (as gazetted in Government Gazette No.1968 of 1998) for professional services rendered for architect and quantity surveying services.

All members are advised not to participate in the request to negotiate/tender on professional fees below the prescribed minimum fee scale.

Herewith please find a short summary of the opinion:

3.1 [PAR 54]

The remuneration and conditions of work of the two professions are clearly regulated by the Architects and Quantity Surveyors' Act and the Regulations issued under that Act (constituting other law).

3.2 [PAR 55]

In the circumstances such provisions as may have been existing in terms of such Act, insofar as they relate to the remuneration and other conditions of work of the two professions, have survived the Public Procurement Act and remain enforceable.

3.3 [PAR 57]

It follows from the above that the questions posed earlier herein fall to be answered in Consultant's favour, insofar as those procedures, practices or directives may relate to the conditions of work previously legislated (and still existing) in terms of the Architects and Quantity Surveyors' Act. In short, the Public Procurement Act did not change the minimum fees and reserved work requirements which apply to the two professions.

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