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r-

. Statutory Instrument' 153 of 2012.


. [CAP. 27:22

Engineering Council (General) By-laws, 2012

ARRANGEMENT OF SECTIONS

PARTl
PRELIMINARY'

Section
1. Title.
2. Interpretation.

PART II

( 3. Particulars for application-for 'registrations.


4. Forms to be completed in the English Language.
5. Rejection of forms.

PART III
REGISTRA110N AND PRAC11SING CERTIFIC~:ES

6. Applications for registration as engineers.


7. Applications for registration as technicians-.
8. Applications for registration of engineering firms. ,t
9. Determination of applications for registration by Council.
10. Registration certificates.
11. Temporary registration.
12. Registrationof non-resident persons and foreign engineering
firms,
13. Applications for practising certificates. -
14. Determination of applications for practising certificates by
Council.
15. Renewal of practising certificates.
1
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Engineering Council (General) By-laws, 2012

PART IV

GENERAL

Section

16. Registration of constituent body.


17. Professional and project fees.
rs. Scales and rates for professional fees.
19 .. PUblication Ofregistered persons and names deleted from register.
20.In~pection of register.
21. Recognition of institutions.
22. Reports on engineering works.
23. Code of ethics and contracts.
24. Repeals.

FIRSTSCHEDULE: Fees.
SECOf'.'DSCHEDULE:Forms.
THIRDSCHEDULE: Tariff of fees for Registered Consulting
Engineers.
·FoURTHScHfTIULE:ECZ Code of Ethics Model,
IT is hereby notified that the Engineering Council has, in terms
of section 38 of the Engineeiing Council Act [Chapter ,27:22], made
the following By-Iaws:- .

PART I

PRELIMINARY

Title
1. These by-laws may be cited as the Engineering Council
(General) By-laws, 2012. .
Interpretation .
2. In these By-Iaws-
. "appropriate fee,,'means the, appropriate fee set out in the.
First Schedule; ,. ,.

1046,
S.I. 153 of 2012

"firm" includes-
(a) a person or persons in the profession of engineering
constituted as company in terms of the Companies
Act [Chapter 24:03] or a private business
corporationconstituted as such under the Private
Business Corporations Act [Chapter 24:11] or
a partnership or an association of professional .. .
engineers for the purpose of carrying out the
professionof engineering;
(b)a company, a partnership or an association of
persons engaged in mining;
"form" means the appropriate form Set out in the Second
Schedule.

PART II
FORMS
Particulars for application for registration
3. Any person who is' required to make an application shall
complete the appropriate form and shall furnish the Council with such
further information or particulars as may be required by the Council.

Forms to be completed in the English Language


4. All forms shall be completed in the English Language.

Rejection offorms
5. The Council may reject any forin if any part of such form is
illegible or not properly. completed.

PART III
REGISTRATION AND PRACITSING CERTIFiCATES

Applications for-registration as engineers


6. Every application for registration as an engineer submitted
. through the constituent body concerned to the Council shall-
(a) be made in form EC 1;

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Engineering Council(General) By-laws, 2012

(b) be accompanied by the appropriate fee;


(c) state the qualifications upon which the application is --T

based, which shall be a recognised engineering degree


or equivalent and be accompanied by the copies of
such certificates or other documents as are necessary
t6 support those qualifications; .
(d) where necessary, be accompanied by the translation of
certificates which shall be done by the relevant competent
authorities;
(e) be accompanied by a statement from the constituent
body concerned stating that the applicant is a person .
of good standing;
(f) be accompanied by evidence that the applicant is
competent in the relevant engineering discipline of
.practice. '

Applications for registration as technicians


7. Every application for registration as a technician submitted
through the constituent body concerned to the Council shall-
(a) be made in Form EC 2;
I .

(b) be accompanied by the appropriate fee; .


(c) state the qualifications upon which the application is based,
which may be a recognised engineering diploma and be
accompanied by the copies of such certificates or othet
docurn:ents as are necessary to support those qualifications;
(d) where necessary, be accompanied by the translation of
certificates which shall be done by the relevant competent
authorities; .'
(e) be accompanied by a statement from the constituent
body concerned stating that the applicant is a person
of good standing;
(f) . be accompanied by evidence that the applicant is a person is
competent in the relevant engineering discipline of practice.
Applications for registration of engineering firms
8. (1) Every firm-that carries on or engages in the profession
. of engineering or wishes to carry on or engage in thepractice of the
"

1048 .
. S.I. 153 of 2012

profession of engineering shall submit an application for registration


through the constituent body or designated agent concerned to the
Council.
(2) An application for registration in terms of subsection (1)
. shall-
(a) be made in Form EC 3;
(b) be accompanied by the appropriate fee;
(c) state the qualifications of the engineering professionals in
suchfirm, the positions they occupy and be accompanied
by copies of such certificates or other documents as are
necessary to support those qualifications:
(d) state the nature of the engineering practice that such
firm is engaged in;
(e) where necessary, be accompanied by the translation of
, certificates which shall be done by the relevant competent
authorities;
(f) be accompanied by astatementfrom the constituent body
or registered agent concerned stating that the applicant
is in good standing;
(g) be accompaniedbyevidencethattheapplicantiscompetent
in the relevant engineering discipline of practice;
(h) in the case of a consulting engineering firm be
accompanied by evidence that-
(i) the majority of the directors are eligible for
registration as engineers or are registered
engineers; and
(ii) the majority in value of the shares are held by
engineers eligible to be registered as engineers
1 or registered engineers;
where the firm is incorporated in terms of any law that-
t
I (i) the majority of directors are eligible for registration
I . as engineers or are registered engineers; and
(ii) the majority ,in value of the shares are held by
engineers eligible to be registered as engineers
\
or registered engineers;

1049
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, .

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r=--'l_~---,,--E_n_g_in_e_er_in:-g_C_oun_C-il-(-G_e-n-er-a-I):-B_y_..;_la_w_s_,
2_0_1_2_---,-
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(j) where the firm isa private company or a private business
\ corporation, that the control and .management of that
company or corporation is held by one or more engineers
"'\.,,:\,."\"'\'Ii'\.-·<
\ eligible tobe registered as engineers orregistered engineers;
(k) where the firm is a partnership!' the control and
management of that partnership is held by one or more .
engineers eligible to be registered orregistered engineers.
Determination of applications for registration by Council
.9. (1) An application for registration submitted to the Council in
terms of section 6, 7 or 8 shall be determined by the Councilwithin
sixty days from the date of receipt of such application from the' con-
stituent body. - . . ,
(2) The decision of. the Council upon an application for
registration shall be communicated to the applicant by the Secretary,
in writing, to the address stated in the application, within fourteen
. days, from the date of the Council's decision and a copy thereof to
the constituent body concerned. .
(3)The categories of engineering firms shall be classified as
contracting or 'specialist or in any other category as determined by
the Council from time to time.
Registration certificates
10. (1) On granting the registration of an engineer, professional
technician or a firm, the Council shall issue every registered engineer,
professional technician or firm, as the case may be, with a certificate
in Form EC 4, bearing his, her or its name, registration number and'
category and any other information as may be determined by the
Council from time to time.
(2) In addition to the certificate issued in terms of subsection
(1) the Council may issue an identity card to the engineer, technician
or finri concerned stating the details in subsection (1).
Temporary registration
11. An application for temporary registration shall-,
(a) be made inForm EC 5;
(b) be accompanied by the appropriate fee;

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l

S.I. 153 of 2012

(c) state the qualifications of the individuals or engineering


professionals in that firm, as the case may be, upon which
the application is based and shall be' accompanied by
copies of such certificates or other documents as are
necessary to support those qualifications;
(d) where necessary, be accompanied by the translation of' r
certificates which shall be done by the relevant competent
I

(e)
authorities;
be accompanied by a statement from the constituent i~
body concerned stating that the applicant is of good
standing;
(f) be accompanied by evidence that the applicant is ~
\
competent in the relevant engineering discipline of
practice. .

Registration of non-resident persons and foreign engineering firms


12. (1) No person who is not ordinarily residentin Zimbabwe
and no foreign engineering firm shall carry out any engineering work
in Zimbabwe without being registered with the Council.
(2) Every person who is not ordinarily resident in Zimbabwe
or every foreign engineering firm who wishes to perform or engage
in engineering work in Zimbabwe shall first register with the Council
and obtain a practising certificate from the Council. before initiating.
any engineering activity and such certificate may only be granted
for specific projects which require expertise and specialised skill or
technology not available in Zimbabwe.
(3) An application for-registration in terms of subsection (2)
sha11- .
(a) be made in Form EC 6;
(b) be accompanied by the appropriate fee;
(c) state the qualifications upon which the application is
. based and accompanied by the copies of such certificates
or other documents as are' necessary to support those
qualifications;
(d) where necessary. be accompanied by the translation of
certificates which shall be done by the relevant competent
-'authorities;
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..
~.:.
. Engineering Council (General) By-laws, 2012

(e) be accompanied by evidence that the applicant is competent


·in the relevant engineering discipline of practice;
,_, I
(f) be accompanied by proof that the foreign engineering .
firm intends to hire or .has mted locally registered
engineers;
.(g) be accompanied by proof that the foreign engineering
firm intends to enter or has entered into a partnership
agreement 'with a locally registered engineering firm.
Applications for practising certificates
13. (1) Every application by an engineer, a technician or firm
for a practising certificate which is submitted to the Council shall-
(a) be made in Form EC 7;
(b) be accompanied by.the appropriate fee;
(c) state the qualifications of the individual concerned upon
which the application is based and shall be accompanied
by the copies of such certificates or other documents as
are necessary to support those qualifications.
(2) An application by a person who is not resident in Zimbabwe
or by a foreign firm who wishes to obtain apractising certificate shall
be made in terms of subsection (1).
. .
Determination of applications for practising certificates by
Council .
14. (1) an application for a practising certificate submitted to
the Council in terms of section 13 shall be determined by the Council
within sixty days from the date of receipt of such application.
(2) The decision of the Council on· an application for a
practising certificate shall be communicated to the applicant by the
Secretary; in writing, to the address. stated in the application, within
fouiteen daysfrom the date of the Council's .decision.
(3) On granting an application for a practising certificate
a
for an engineer, technician or firm, the Council shall issue every ..
.registered engineer, technician or firm, with a certificate in Form EC
8, bearing his,her or its name, registration number and category and
any other information as may be determined by the Council (rom
time to time.

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-

S.I. 153 of2012

, Renewal of practising certificates . '


15. (1) Every person or firm who holds a practising certificate
shall renew such certificate at least thirty days before its expiry.
(2) An application for the renewal of a practising certificate
shall-i-
(a) be made in Form EC 9;
,(b) be accompanied by the appropriate fee;
(c) include proof of continued professional development
hosted by the constituent body concerned;
(d) include documentary evidence showing performance in '
the field based on set criteria for individuals and firms;
(e) proof of continued existence of the individual or firm.
Registration of constituent bodies
16.'(1) Any body of engineers 6r technicians or body of firms
of any class who wish to become a constituent body of the Council
shall, in addition to the requirements in terms' of section 3 of the Act, '
submit-s-
(a) the appropriate fee;
(b) the physical address of the applicant;
(c) where appropriate, a code of conduct;
(d) the proposed code of ethics in accordance with the model
code of ethics as approved by the Council;
(e) a list of members, of not less than two hundred
engineering professionals Or a 'group of one hundred
firms;
(f) a summary of the applicant's history, current status and
vision of the applicant;
(g) a certified copy of the audited annual accounts of the
, applicant for the past five years;
(h) anyother information that the Council may require.
(2) A constituent body so registered by the Council shall be
issued with a registration certificate by the Council in Form EC 10.
(3) Once registered, the constituent body shaJl-

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. . .

Engineering Council (General) By-laws, 2012

(a) submit annually to the Council the full list of its


membership; .
(b) pay a levy annually to the Council which is five per
centum.of its annual membership subscription fee;
(c) comply with its approved code of ethics.
\.
PART IV
GENERAL

Registration and project fees


17. (l) The fees payable in terms of these by-laws shall be.the
appropriate fees opposite theappropriate item specified in the first'
column of the First Schedule.
(2) Every engineering consultant or firm or technician ·shall
pay to the Council, a consultancy or engineering fee of one per
centum of any construction, engineering or mining project that he or
she manages within thirty. days of collecting such fee.

Scales and racesfor-professional fees


18. Every engineer or firm shall charge the scale and rates for
professional fees as set out in the Third Schedule forwork carried
out in the practice of the profession of engineering.

Publication of registered persons and names deleted from register


. . .

19.The Council shall, in thefirst six months of each year, publish


the names of-
(a) every registered' engineer, technician and engineering
finn;
(b) any engineer, technician or .engineering finn whose
name was deleted from the register in the previous year.

Inspection I~f register


20. Any person may, on payment ofthe appropriate fee, during
ordinary office hours, inspect the register at the office of the secretary.

1-054
S.1. 153 of 2012

. Recognition of institutions
21. For the purpose of recognising the various disciplines of the
profession of engineering, the Council may recognise such institutions
that carry out engineering activities as it deems fit.

Reports on engineering works


22. (1) Any person, including a constituent body who is concerned
about any engineering work or the practice or conduct of any engineer
or engineering firm, may submit a report to the Council.
(2) Onreceipt of areport in terms of subsection (1) the Council
may cause an investigation into such work, practice or conduct, as
the case may be, as it deems fit.
(3) The Councilmay investigate any engineer, technicianor
engineering firm or cause an investigation to be carried out, where it .
has reason to believe that there is concern regarding the practice or.
conduct of such engineer, technician or engineering firm, as the case
may be.
(4) In cases where proofof professional miseonduct by an
individual or firm has been established, Council will determine the
. level of penalty to impose. Such penalties maybe monetary, suspension
or de-registration as the case maybe. The level of monetary penalties
. will be. determined by Council from time to time.

Code of ethics and contracts


23. (1) Constituent bodies are required to abide by Code of
Ethics of the Engineering profession. Council approved a Model Code
of Ethics (Document ECll) attached as Schedule Four, each body
will furnish Council with its Code of Ethics in line with guidelines
provided by Council.
(2) Council adopted the Zimbabwe Association of Consulting
Engineers (ZACE) standard Memorandum of Agreement and
Conditions of Engagement for Civil, Structural, Mechanical and
Electrical Engineering works, form EC12 ZACE will administer this
form to its members on behalf of Council.

1055

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Engineering Council (General) By-laws, 2012

Repeals
24. The Engineering Council (General) Regulations; 2010,
published in Statutory Instrument 161 of 2010, are hereby repealed.

FIRST SCHEDULE (Section 2)

FEES
Item US$
1. Application for registration-.
(a) for Engineers 60
(b) for Technicians SO
(c) for Consulting Engineering Finns-
Foreign firms
(i) 1-2 Engineers 150 2500
(ii) 3-5 Engineers 250 3000
(iii) 6-10 Engineers 500 3500
(iv) More than 10 Engineers I 000 5000
(d) for Contractor/Operator Engineering Firms-
US$
Foreign firms
(i) 1-2 Engineers 150\ 2500
. (ii) 3-5 Engineers 250 ; 3000
(iii) 6-10 Engineers 500 3500
(v) More than 10 Engineers 2 500 5000
(e) for Specialist Engineering Services Firms-
US$
Foreign firms
(i) 1-2 Engineers 150 2500
(ii) 3-5 Engineers 250 3000
(Hi) 6-10 Engineers 500 ·3500
(iv) More than 1'0Engineers 2500 5000
(f) Other Engineering Firms not referred to
in paragraphs (c) to (e)- .

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-~-------------------------------------------------------------
S.L 153 of2012

US$
Foreign firms

(i) 1-2 Engineers 150 2500


(ii) 3-5 Engineers .250· 3000
(iii)6-10 Engineers 500 3500
(iv) More than 10 Engineers 2500 5000

2. Application for temporary registration-


US$
(a) for Engineers 130
(b) for Technicians 100
(c) for Foreign Engineers 300·
(d) for Foreign Technicians 250

3. Application for a Practising Certificate-


US$
(a) for Engineers under the age of 55 _years 75
(b) for Engineers who are 55 years but less
than 70 years old 50
(c) for Engineers who are 70 years old or more nil
250

-- I
(d) for foreign Engineers
(e) for Technicians
(f) for Foreign Technicians
35
150
'. (g) fos Consulting Engineering Firms-
-...... . US$
Foreign firms

(i) 1-2 Engineers 150 2500


(ii)3-5 Engineers 250 3000
(Hi) 6-10 Engineers 500 3500
(iv) More thanl 0 Engineers 1000 5000

. (h) for Contractor/Operator Engineering Firms-


US$
Foreign firms

(i) 1-2 Engineers 150 2500


(ii)· 1·":5Engineers 250 3000
(iii) 6-10 Engineers 500 3500
(iv) More than 10 Engineers 2500 5000

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Engineering Council (General) By-laws, 2012

(i) for Specialist Engineering' Services Firms-


US$ .'
Foreign firms
(i) 1-2 Engineers 150 2500
(ii) ·3-5 Engineers 250 3QOO
(iii) 6-10 Engineers 500 3500
(iv) Mo.re than 10 Engineers 2500 . 5000
(j) Other Engineering Finns not referred to
in paragraphs (e) to (i)-.-
. US$
Foreign firms
(i) 1-2 Engineers 150 2500
(ii) 3-5 Engineers 250 3000
(iii) 6-10 Engineers 500 3500
(iv) More than 10 Engineers .2500 5000
4. Application forrenewal of a Practising Certificate -
US$
(a) for Engineers under the age of 55 years: 75
(b) for Engineers who are 55 years but less
than 70 years old 50
(c) for Engineers who are 70 years old or more nil
(d) for Foreign" Engineers 250
(e) for Technicians 35
(t) for Foreign Technicians 150
(g) for Consulting Engineering Firms-
US$
Foreignfirms
(i) 1-2 Engineers 150 2500
(ii) 3-5 Engineers 250 3000
(iii) 6-10 Engineers 500 3500
(iv) More than 10 Engineers 2500 5000
(h) for Contractor/Operator Engineering Firms-
US$
Foreignfirms
. (i) 1-2 Engineers 150 2500
(i1) 3-5 Engineers 250 3000
(Hi) 6-10 Engineers 500 3500
(iv) more than 10 Engineers 2500 5000

1058
S.l. 153 of 2012

(i) for Specialist.Engineering Services Firms-


US$
Foreign firms
(i) 1-2 Engineers 150 2500
(ii) 3-5 Engineers 250 3000
(iii) 6-10 Engineers 500 3500
(iv) more than 10 Engineers 2500 5000
(j) Other Engineering Firms not referred to in
paragraphs (g) to (i}-
US$
Foreign firms
(i) 1-2 Engineers 150 2500
. (ii) 3-5 Engineers 250 3000
(iii) 6-10 Engineers 500 3500
(iv) more than 10 Engineers 2500 5000
5. Application for registration as a Constituent
Body . 200
6. Other fees-
US$
(a) UniversityAccreditation:US$2000 per program _.
plus all other costs recoverable
(b) replacement of registration certificate 50
(c) replacement of practising certificate 50
(d) inspection of register 50
(e) fee on construction, engineering and mining
projects 1% of the consultancy and
engineering fees .

SECOND SCHEDULE (Section 2)

FORMS
FormEC 1
APPLICATION FOR REGISTRATION AS AN ENGINEER
1. Name of applicant •..........................................................: .. .. ; .
2.· Address of applicant:..........•.......................: , .
3; Dateand place of birth: ..: .
4. Telephone number, cellphone number: : .
5. Email address: .

1059
Engineering Council (General) By-laws, 2012

·6. Qualifications of applicant ;.;..: ;..


7. Name and address of employer'and telephone numbers: .
8. Previous work experience: : : .
9. Fee of $ is enclosed.

I, _ , confirm that the information stated herein is true


and accurate in all respects.:

Signature of applicant: Date: : : .


--
FormEC2
APPLICATION FOR REGISTRATION AS A TECHNICIAN
1
I 1. Name of applicant: ~ .
2. Address of applicant: , : .
3. Date and place of birth: : .
4. Telephone.number, cellphone number: .
5. Email address: : : .
6. Qualifications of applicant: : .
7. Name and address of employer and telephone numbers: :.: : .
8. Previous work experience: ~ .
9. Fee of $ is enclosed.

I, : : .confirm that the information statedherein is true and


accurate in all respects.

Signature of applicant Date: ; .

FormEC3
APPLICATION FOR REGISTRATION AS A FIRM
I. Name of applicant: , .
2. Address of applicant: : .
3. Telephone number, cellphone number: .:.......................................•...............
4. Email address: .....................................................•........................................
5. Name and qualifications of supervising engineer: : .

1060
S.I. 153 erzorz

6. Name and address of


employer and telephone numbers: ..........•.... : .
·7. Previous work experience: ~ ; .: .
8. Fee of $, : is enclosed;

I, : , confirm that the information stated herein is true


and accurate in all respects.

Signature ofapplicant: :; Date: : .

FormEC4

ENGINEERING COUNCIL OF ZIMBABWE

Established forthe Registration and Regulation of Engineering Practice in Zimbabwe.


(in terms of the Engineering Council Act [Chapter 27:22])

This is to certify that

. has been registered by the Engineering Council as it


Professional EngineerlEngineering FirmlProfessionai Techniclan
and is hereby authorised to use the above title.

Chairman Secretary

SEAL ECZNo ·

Date

1061
.Engineering Council (General) By-laws, 2012

FonnEC5
APPLICAnON FOR TEMPORARY REGISTRATION .
1. Name of applicant: '
2. Address of applicant ; .
3. Date and place of birth: ; .
4. Telephone number, cellphone number: .
5. Email address: , .
6; Qualifications of applicant; .........................................................•.................
7. Name and address of employer and telephone numbers: .
. 8. Previous work experience: : : : .
9. Fee of $ , is enclosed.' .

I; : ~ , confirrn that the information stated herein is true


arid accurate in all respects. .

Signature of applicant: Date: .

FonnEC 6
APPLICATION BY A NON-RESIDENT PERSON OR A FOREIGN
ENGINEERING FIRM
1. Name of applicant: : .
2. Address applicant:of . .
. 3, Date and place ofbirth: .
4. Telephone number; cellphone number: .
5. Email address: .
6. Qualifications of applicant: , .
7. Nam~ and address o~employer and telephone.numbers: .
8. Previous work.expenence: : :..; ; , .
.9. If application is by a Foreign Engineering Firm, give details of locally
registered engineers that are employed by the'finn or that' the firm intends
to employ or attach a copy of the proposed partnership agreement to be .
. entered into' with a local engineering firm: ; .
.............. , .

10. Fee of $ ; : is enclosed.

I, , , confirm that the information stated herein is true


and accurate in 341 respects..

Signature of applicant: : : ,.....•........: Date: .

1062
S.l. 153 of 2012

FormEC7
APPLICATION FOR A PRACTISING CERTIFICATE
1. Name of applicant: : , .
. 2. Address of applicant: _ .
3. Date and place of birth: .
4. Telephone number, cell phone number: : ; .
5. Email address: ~ .
6. Qualifications of applicant: : .
7. Name and address of employer and telephone numbers: : .
8. Previous work experience: .................................•.........................................
9. Fee of $ is enclosed.

. , . .
I, , : , confirm that the .information stated herein is true
and accurate in all respects.

Signature of applicant: Date: " , : .

FormEC 8

ENGINEERING .COUNCIL OF ZIMBABWE


Engineering Council Act [Chapter 27:22]
PRACTISING CERTIFICATE 20 ..

Name of Engineer/Technician/Engineering Firm:


Engineering discipline:
University/College: Category: passport size
ECZNo.: Year: PHOTO
Constituent Body No.: . Year:
NatID. No.:
(in terms of the Engineering Council Act[Chapter 2 :22]
Side 1 above
Side 2 below

1063

I
\
Engineering Council (General) By-laws, 2012

.. ~

THIS CAROlS THE PROPERTY OF ECZ


Conquener House -, P.O. Box .
Harare, Zimbabwe Harare, Zimbabwe
TellFax: +263: ., ., Mobile:+263 Email: @ .•, .
If found return to the above address or take it to the nearest Pol ice Station.

Card No.a Expiry: .Secretary: , Signature:

Form EC9
. APPLICATtON
... :
F(j~ RENEWAL
.
OF PRACTISING CERTIFICATE
.1.. Name of applicant; : : .: ; ; .
2.· Address of applicant: ;....•..................
3'~ Date and place-of birth: ..; : .
4. Telephone number; cell phone number: ..•.................... ~ .
5. Email address: ; : ; : : , .
6. Qualifications of applicant: .............•........................................ , .
iI. Name and address of employer and telephone numbers: .
8. Previous work experience: ;: ; .
9. Fee of $..,.., :.. is enclosed.
10. Has any information contained in your previous application .changed? If
yes, state the changes: : : .
. , . .
.......................................................................................................................
, .
I .

I, ...................•............. , confirm that the information stated herein is true


: ~d accurate in all respects,

Sign~ture of applicant: ; Date: .. .


!, -

1064
S.I. 153pf 2012

.. FormEC 10

• ••• ••• •

~
ENGINEERING COUNCIL OF ZIMBABWE

Eng.ineering Council Act [Chapter 27:22]

This is to certify that

• ~ •• ". 0"' ••• eo ••••••••• ,"••••••••.•••• ,..: ••••••••••••••••••••••• 0 •• ,",. ~ •••••••••• o •• o ••••••••••••

has been registered by the Engineering Council as

Constituent bodylDesignated Agent .

and is hereby authorised to use the above title.

Chairman Secretary

SEAL ECZ.No .

Date

1065
~~--~~~--~~--------~----------------
Engineering Council (General) By-laws, 2012

ENGINEERING COUNCIL OFZIMBAB WE

Engineering Council Act [Chapter 27:22]

TARIFF OF FEES FQR REGISTERED CONSULTING ENGINEERS

FEES AND EXPENSES

1066
S.l. 153 of 2012

CONTENTS
Page

A Preable , , 2
AI. FEES FOR NORMAL SERVICES .....................•................................. 3
Al.l Fee Basis< 3
1.1.1 Stage One . : . ; 3
1.1.2 Design Stages Two, Three and Four 3
1.1.3 Stage Five: Contact Administration and detailed
drawings , 3
A1.2 Civil andStructural Engineering Fees pertaining to
Engineering Projects , , ,.4
A1.3 Civil Engineering Fees pertaining to Building Projects ~.5
A1.4 Structural Engineering Fees pertaining to Building Projects 6
A 1.5 Mechanical Engineering Fees pertaining to Engineering
Projects ,.." , : 7
Al.6 Electrical Engineering Fees pertaining to Engineeririg
Projects , 8
AI.7 Mechanical Engineering Fees pertaining to Building Projects .. 9
AI.8 Electrical Engineering Fees pertaining to Building Projects 10.
A1.9 Engineering Management S-ervices : 11
A 1.10 Revision of Fee Calculation 11
AI.II Freezing of Consultants Fees 12
AI.12 Supplementary Fees for Reinforced Concrete Work.. 12 '
AI.I3 Supplementary Fees for Structural Steelwork .......•................... 12
Al.14 Alterations to Existing Works : : : 12
A1.15 Fees for Quantity Survey Services ., ;.. 12
Al.16 Fees for Duplication of Works : ; : 12
A1.17 Fees for Services Provided as Lead Consulting Engineer 12
A2. FEES FOR SPECIALIST WORKS ...........•......................................... 12
A3. FEES FOR WORKS IN DIFFERENT CATEGORIES,
DISSIMILAR WORKS FRAGMENTED WORKS AND
SIMILAR DESIGN 13
A4. TIME BASIS AND SPECIALFEES : 13
A4.1 The Scale of Charges 13
A!5. FEES AND EXPENSES FOR ADDITIONAL SEIWICES 14
A5.1 Site Staff.. ' .. 14
A5.2 Mediation, Arbitration, Litigation Proceedings And Similar
Services 14
A5.3 Travelling and Subsistence Expenses 14
A5.3.'I Travelling costs.i., 14

1067
Engineering Council (General) By-laws, 2012·

Page
A5.3.2 Travelling time " 14
A5.3.3 Site and Subsistence allowance 14
A6. FEES PAYABLE IN STAGES 15 \.

A6.1 Stage Payments 15

Annexure 'A
, FEES AND EXPENSES
.

A. Preamble

The EngineeringCouncil of Zimbabwe (ECZ) is a Statutory Body established


for the purpose of regulating the Engineering Profession in Zimbabwe. The ECZ
has prepared this Schedule of Fees to be used by Clients and Consulting Engineers
for consulting services rendered in the fields of Civil, Structural, Mechanical
and Electrical Engineering. The fees are based on the Cost of the Engineering
Works and depend on the project complexity, size, form and time demand on
the Engineer. The Engineering Council of Zimbabwe has determined that, when
circumstances are normal and the design work is of average complexity, competent
and responsible engineering services cannot be provided at a level of remuneration
lower than that represented by the fees shown in this Schedule.

In this document, except where the context otherwise requires or indicates:


..The masculine includes the feminine;
The singular includes the plural; and
Any reference to a natural person includes a juristic person.
For the purpose of this Fee Tariff, the term Consulting Engineer refers
to a professional or entity registered as a provider of professional consulting
engineering services in terms of the Engineering Act. The client is any person
or organisation including any organ of Government who engages a Consulting
Engineer to provide services.

A 1. FEES FOR NO~MAL SERVICES


AI.I Fee Basis
The fees for engineering work making normal demands upon
'I the time of the Consulting Engineer shall be calculated on the
\ following basis for the five stages of work defined below:
j
1.1.1 .Stage One: Report
. ..
J The fee for Stage One will be calculated on a time basis as
! set outin Paragraph A4 below.

1068
S.I. 153 of 2012

1.1.2 Stage Two: Preliminary Design, Stage Three: Detailed


Design, Tender Drawings and Documentation and
Stag~ Four Working,Drawings
The fees for Stages Two, Three and Four will be
determined from table A6.1.
1.1.3 Stage Five: Contract AdmiliistratiOnand Detail Dra~
, ,The fee for. Stage Five will be calculated.as a percentage
of the cost of the Works, or on a time basis if soagreed
between the Client and the Consulting Engineer. Should
the works proceed beyond the original contract period for
any reason other than the consultant's failure to perform,
the consultant shall claim additional fees calculated on a
time basis.

A1.2 Civil and 'Structural Engineering Fees pertaining to Engineering


Projects
The basic fee for normal services in the disciplines of civil and
structural engineering" pertaining to' Engineering Projects, is
determined from the table below. The fee is the sum of the primary fee
and the secondary fee applicable to the specific cost of the works in
respect of which the services were rendered on the project excluding
the report stage described in clause A1.l.l that shall be reimbursed on
a time basis:

Cost of works
For projects up to
US40 000,00,
where the Basis of basic fee calculation
cost of the works: USI 000 plus 15% on the balance above US8 000
But does not
Exceeds exceed Primary Fee Secondary Fee
US40000 US 100 000 US5000 12.5%on the balance over US40 000

'. USlOO000 US500 000 US12500 10.0%on the balanceover US100 000
US500000 USloooOOO US5250Q 9:0%onthebalanceoverUS500000 '
US.! 000000 US2 500'000 US97 500 ,8.0% 011 the balance overUSUX)~}OOO
US2 500 000 US5 000 000 US217 500' 7.0%on thebalanceoverUS i 500000
US5 000,.000 US30 000 000 US392 500 6.5%on the balanceoverUS5 000 roo
US30 000 000 US2 142 500 6 % 0 the balanceover US30 000 000

1069
Engineering Council (General) By-laws, 2012

AI.3 Civil Engineering Fees pertaining to Building Projects


The basic fee for normal services in the disciplines of civil and structural
engineering, pertaining to Building Projects, is determined from the
table below. The fee is the sum of the primary fee and the secondary
fee applicable. to. the specific cost of the works in respect of which
the services were rendered on 'the project excluding the report stage
described in clause A 1.1.1 which shall be,reimbursed on a time basis.
·1 Cost of works
for projects up to
t US40 000,00,
where the Basis of fee Calculation
costof the works: USl 000 plus 15% on the balance above US8 000
But does not
Exceeds exceed Primary Fee Secondary. Fee
US40000 US 100000 US5 000 12.S% on the balance over US40 000
US 1.00 000 US500000 USI2500 10.0% on the balance over USloo 000
USSOOOoo . US I 000000 US52 500 9.0% on the balance ove,rUS5oo 000
USI0oo000 US2 500 000 US97 500 8.0% on the balance over USl 000 000
. US2500 000 US5 000000 US2l7500 7.0% on the balance over US 2 500000
USS 000000 US30 000 000 US392500 6.5% on the balance over US5 000 000
US30000000 US2 142 500 6.0% 0 the balance over US30 000 000

AlA StructuraiEngineering Fees pertaining to Building Projects


The basic fee for normal services in the disciplines of structural
engineering, pertaining to Building Project, is determined from· the
table below. The fee is the sum of the primary fee and the secondary
fee applicable to the specific cost of the works in respect of which the
services were rendered on the project excluding the report stage described
! in clause A 1.1.1 which shall be reimbursed on a time basis.
\ Cost' of works
for projects up to
l)'S40 000,00, .
where the Basis of fee calculation
I'
I
cost of the works:
But does not
US 1 000 plus 15% on the balance above US8 000

Exceeds exceed Primary Fee Secondary Fee


US40000 US100000 US5000 .12.5% on the balance over US40 000
US1OO000 U5500000 USl2500 10.0% on the baIanceoverUSlooOOO
US500OO0 US] 000000 US52500 .9.0% on the balance over tJS500 000
US! 00000'0 US2500000 US97 500 8.0% on.the balance over USl 000 000
US2 500 000 US5000oo0 US217500 7.0% on the balance over US 2500000
US5 000 000 US 30 000000 US392 500 6.5% on the balance over US5 000 000
. US 30 000 000 US2 142 500 6.0% 0 the balance over US30 000 000

1070
S.L 153 of20lZ

AI.S Mechanical Engineering Fees pertaining to Engineering Projects


The basic fee for normal services in the discipline of mechanical
engineering, pertaining to Engineering Projects, is determined from the
table below. The fee is the sum of the primary fee and the secondary
fee applicable to the specific cost of the works in respect of which the
services were rendered on the project excluding the report stage described
\ in paragraph AI.I.! which shall be reimbursed on a time basis.
Cost of works .
for projects up to
US40 000,00,
wherethe Basis of fee calculation
cost of the works: USI 000 plus 15% on the balance over US8 000
But does not
Exceeds exceed Primary Fee Secondary Fee
US40000 USIOO000 .USs 000 12.5% on the balance over US40 000
USIOOOOO US500000' US 12500 10.0%on the balanceover USlOO000
US500000 US 1 000 000 US52 500 8.0% on the balance over US500 000
USlOOOOOO US2 500 000 US92 500 7.0%·onthe balanceoverUSl 000 000
US2 500 000 US5 000 000 US197500 6.0%on the balance,.?verUS i 500000
US5 000 000 US30 000 000 US347500 5.5%on the balanceover US5 000 000
US30000000 USI 722500 4.5% 0 thebalanceoverUS30 000 000
Fees for wet services, for domestic hot and cold water and drainage pipe
work inside buildings shall be as stated above and increased by 25:0'

AI.6 Electrical Engineering Fees pertaining to Engi~eenng Projects


The basic fee for normal services 'in the discipline of\ \~tectrical
engineering, pertaining to Engineering Projects, is determined from the
table below. The 'fee' is the sum of the primary fee and the secondary
fee applicable to the specific cost of the works in 'respect of which
t /." '. -.•.. ..-
the services were I;eI1dered on the proJept ~xctuding the repo~ stage
described in paragraph Al.Ll which" shall be reimbursed on a time
.basis. "

i07!·

'""
Engineering Council (General) By-laws, 2012

COst of Works
Cor projects up to
US40 000,00,
whel"l!the Basis of Fee Calculation
cost of the works: USl 000 plus 15% on the balance over US8 000
But does not
Exceeds exceed Primary Fee Secondary Fee
. US40000 USHio 000 US5000. 12.5% on the balance over US40 000
US100 000 US500 000 ·US 12500 lO.O% on the balance over US 100 000
US500000 USl 000 000 US5~ 500 8.0%on"the balance over US500 000
·USI 000 000 US2 500 do6 'US92'500 '7.(l% on die b3lance over USI 000 000
liJ.S25OQOOO . U~5 QOO000 . U5197 500 - 6.0% on the balance over US.2500 000
. U~5. 000,000, US30 000,OOOUS347 500 5,5% on the balance over U55 000000
US,30 000 000 USI722500 4.5% 0 the ba4mc:eover USJO OO()'OOO

Al.7MeebanicaJ,Engineeriilg'FeeS per-taining to BuUdiJig Projects '


"'., nb 15asic fee for 60nnal services in fuedisciplirie of mechani~ai ~~giheer-
ing or wet services, pertaining to Building Projects, is detennined from the'
. table below. The fee is the sum of the primary fee and the secondary fee
applicable to the specific cost of the works in respect of which the services
were rendered on the project excluding the report stage described in para-
graph AI, I,] which shall be reimbursed on a:time basis,
Cost of workS
.fOl'projeds up to
'US40 000,00,
where the Basis oC fee ealeulation
cost of the works: \ USl 000 plus 15% on the balance over US8 000
. But does not
Exceeds exceed Primary Fee Secondary Fee
US40000 US100 000 US6000 15.0% on the balance over US40 000
. USI00000 US500 000 US15 000 12.5% on the balance over US 100 000
US500000 USl 000 000 US65 000 10.5% on the balance over US500 000
US1000000 US2 500 000 US 117 500 9.5% on the balance over USl 000 000
US2500000 US5 000 000 US260 000 9.0% on the balance over US 2 500 000
US5000000 US30 000 000 U5485 000 7.5% on the balance over US5 000 000
US30000000 U52610000 6.5% 0 the balance over US30 000.000
Fees for wet services, for domestic hot and cold water and drainage pipe work inside
buildings shall be as stated above and increased by 25%.

AI.8 Electrical engineering fees pertaining to Building Projects


The basic' fee for normal services in the discipline of electrical engineering,
pertaining to Building Projects, is determined from the table below. The fee
is the sum of the primary fee and the secondary fee applicable to the specific
cost of the works in respect of which the services were rendered on the project

1072
S.I. 153 of 2012

excluding the report stage described in paragraph A 1.1.1 which shall be


reimbursed on a time basis.

Cost of Works
for projects up to

US40 000,00,
where the Basis oCFee C81c:ulation
cost 01 the works: USI 000 plus 15% on t~ceoverUS8000
," But does not· . ..' ..,. \ '"" ~.
• ,~ceeds. ~ '-. , c' .. PrimaryFee SuO,.ciUy.Fee: '\.';< /.[ .
"'f1JS40 000 . US100000 US6000 f5.o.% '(mille balanCe o~er u54O"OOO
!DSlOo
vo . 000 US500 000 usis 000 12.5% on th~bal~ o~ usioo qOO
ussooooo USt 000 000 U565000 10..5% on the balance over US500 600
l!:Sl'QOOOOO . ·';"U82·500 009 .-p~l t? 5(lO~: 9..s'll;!'q!~ti)e.~,oyerU81 000 (XX)
U82500.600 USS 000000 . U5260000 9.~on,~,~anceoVerUS~5OO000
.US5000000 US30. 000 000 US48S 000 73% on the balance ova US5 (XX) (XX)
U83o.OOOOOO US2 610. 000 6.5% 0 the bahuice over US3Q 000 000

AI.9 Engineering Management Services .


For engineering management services the consulting engineer will
. typically be remunerated as follows; .
. The basic fee for servicesin the discipline of engineering management
services, including work pertaining to Building Projects, is determined
from the table below. The fee is the sum of the primary and the
secondary fee applicable to the specific cost of the works in respect of
which the services were rendered on the project.

Cost oCworks
for projects up to
US40 000,00,
Where the Basis of fee calc:ulation
cost of the works: USI 000 plus 10% on the balance over US8 000
But does not
ExCeeds exceed Primary Fee Secondary Fee
U840.000 USl00 000 US2400 4.5% on the balance over US40 000
USlOO 000 USSOO 000 US6 100 3.5% on the balance over US100 000
US500 000 US 1 000 000 U525 400 . 3.0.% on the balance over U8500 000
USlOOOOOO US2 500 000 U546 000 2.5% on the balance over US1000 000
US2 SOO000 USS 000 000 US97 .600 1.5% ori th~ balance over US 2 500000
USS 000000 US30. 000 000 U5149 100 1.5% on die balance over USS 000 000
U530. 000 000 U5664 500 1.5% 0 the balance over US3o. 000 000

1073
Engineering Council(General) By-laws, 2012

For alterations to existing works and/or multi tenant installations, the fee for
Engineering Management'Services calculated as above shall be multiplied
by a factor of 1.25. .

AI.le Revision offee calculation


At the commencement of stages two and three-Preliminary Design
up to tender stage-provisional fees' will be determined on the
basis of the estimated cost of the works prepared by the consulting
engineer/quantity surveyor or otherwise as agreed between the Client
and Consulting Engineer. These provisional fees will be subject to
recalculation on receipt of tenders and updated cost of the works.

'AI.ll Freezing of consultants' fees


Provided the project has been designed to completion prior to
tender and an accurate estimate of the Cost of the Works is carried
out and agreed, the Client and Consulting Engineer may freeze the
fees for Preliminary Design, Detail Design and Tender Documents
and Working Drawings stages. This freeze of fees can only happen
where the Client immediately pays all amounts properly claimed by
the Consultant according to the contract. Notwithstanding the fee
freeze above, the consultant will be entitled to claim"extra fees for
any additfunal work he or she may be required to dJtJ1cluding any
amendments to previously completed designs.

" AI.Il Supplementary fees for reinforced concrete work


The additional fee for reinforced concrete work shall be 4.5% of the
cost of reinforced concrete work.
This fee shall be additional to the Primary and Secondary fees calcu-
'lated in A1.2 to A1.4 above.

Al.13 Supplementary fees for structural steelwork


The additional fee for structural steelwork shall be 3.5% of the costof
structural steel work. This fee shall be additional to the Primary and
Secondary fees calculated in A1.2 to A 1.4 above.

Al.14 Alterations to existing works


The fee for alterations to, existing works shall be as stated in sub-
paragraph A 1.2 to A 1.8 and increased by 25%.

AI.IS Fees for Quantity Survey Services


Fees for Quantity Survey Services' normally provided by' a Quantity
surveyor shall be 2.5% of the Cost of the Works.

1074
S.I.1530f2012

AI.16 Fees for Duplication of Works


For the purpose of fee calculation, "Duplication of Works" refers to
the re-use. on another project of designs, details and specifications
previously prepared for a different Project by a Consulting Engineer.
To qualify as duplication, the reuse must include reproduction of
complete units (e.g. a whole bridge or an entire building). The fee for
duplicated works shall be 25% of the Fee calculated as per Al.2 to
A1.8 above.

AI.17 Fees Torservlees as Lead Consulting Engineer


.A "Lead Consulting Engineer" is the Consulting Engineer appointed
by the Client to be the head of a consortium or joint venture of
consulting engineers of the same discipline whose responsibility shall
include coordination, programming and overall management of the
services. The fee for the Lead Consulting Engineer shall be 10% of the
total fees payable for the services.

A2 . FEES FOR SPECIALIST WORKS


Certain services of the Consulting Engineer are of such a nature that
the demands on him or her are unusually high. Such services are
not limited to but include situations where the Works call for the
application of new, unusual or untried techniques, incorporation of
second-hand materials or excessive complexity of the whole or part of
the Works or of individual elements each requiring individual design.

A2.1 in respect of these works the fee shall be 125% of the fees cal-
culated as per paragraph Al.2 to A 1.9.

A2.2 For these types of Works. or parts of Works, the Consulting Engineer
shall advise the Client without delay that he considers that the
Works are of such a nature as to warrant an increase of the fee, in .
which event such portion of the services of the Consulting Engineer
as he had already completed when he informs the Client shall not be
subject to an increased fee unless the Client agrees otherwise.

A3 FEES FOR WORKS IN DIFFERENT CATEGORIES,DISSIMILAR


WORKS FRAGMENTED WORKS AND SIMILAR DESIGN
Where structures/elements or whole units of identical design are
repeated on the same project, the combined costs are cumulated for the
determination of the cost of the works. The resultant cost of the works
is used for calculating the basic fee for the service and/or additional
. fee payable for reinforced concrete or structural steel works.

1075

..J
Engineering Council (General) By-laws, 2012

The fees for engineering works in different categories, dissimilar works and
fragmented works, even if such works are part of one overall assignment,
shall be calculated as if they were separate assignments as detailed below. .
Where the. Works comprise more than one of the main categories,
i.e. Civil and Structural Engineering Work the fee shall be separately
calculated in accordance with' subparagraph A 1.2 to Al.4 of this
Annexure in respect of the total cost of the Works in each category,
A3.1 Where the works comprise substantial portions of dissimilar types
of work within the main categories stated in sub-paragraph A 1.2
to A 1.9 above, the fee shall be J 25% of the fee derived taking
sub-paragraph A1.2 to A 1.9 of this Annexure as applicable to the
total cost of the works' within such main category. .

A3.2 . Where the Works are undertaken on separate non-contiguous


sites or when the continuity of the Works is interrupted or
the Works are unusually fragmented or are being constructed
as separately documented phases. in accordance with the
requirements or consent of the CIient the fee shall be calculated
taking subparagraph A 1.2 to AI.9 of this Annexure as applicable
to each site, contract or phase as if they were separate Works:
A4 TIME BASIS AND SPECIAL FEES
A4.1 The Scale of Charges on a Time Basis shall be as follows:
A Principal or Partner - USD132,OO per hour
Technical staff - (0.5 to 0.85) x USDl32,OO per hour
depending on qualifications and experience
A4.2 The Time Basis fee as described above is suitable for use at
the report stage (see A 1.1) and for very small value (less than
USD 40,000.00) projects. This mode of f~ calculation is not
appropriate for most projects that require the services of a
consulting engineer as it does not make adequate.allowance
for overhead and .establishment costs .

.AS FEES AND EXPENSES FOR ADDITIONAL SERVICES


AS.1 SITE STAFF
The Consulting Engineer's charge for the provision of site staff
i.e. employees permanently based on site shall be as given below:
(a) Person-month or.Person-day Charge:
o Technical staff (0.15 to 0.75) of PartnerlDirector's rate
per hour (see Annexure A4) depending on qualifications
. and experience. .

1076
S.l. 153 of2012 .

o In addition to the above the client shall compensate the


. consulting engineer for site allowance, accommodation
transport and subsistence.

A5.2 MEDIATION,ARBITRA TION,LITIGATIONPROCEEDINGS,


INVESTIGATIONS AND SIMILAR SERVICES
The Consulting Engineer's fee for such services shall be as set out
in subparagraph A4.1 + 50% which shall be retained by Council as
administrative charges. Any other charges will be negotiated with
the Client. Where attendance at court is required a daily retainer of 3
hours shall be paid for each morning or afternoon when attendance is
. required unless otherwise agreed with the Client.

A5.3 TRA VELLmG AND SUBSISTENCE EXPENSES


The Client shall reimburse the Consulting Engineer for travelling
expenses reasonably incurred by himself and his staff in performing
his duties as follows-
AS.3.1 Travelling coots
For the conveyance of the Consulting Engineer or members
of his staff by means of:
A5.3.1.I Private motor transport: At the rate per kilometre,
recommeuded by the Zimbabwe Association
of Consulting Engineers and revised from time
to time. The latest rate is available at the ECZ
Secretariat. Please contact the Secretary on
Telephone number 746821n46010 for the rates.
AS.3.1.2 Scheduled airlines, train, bus, taxi or hired Car:
The actual cost. '
AS.3.1.3 Non-scheduled or privately owned air transport:
The actual cost.

AS.3.2 Travelling time


A charge at the rate set out in clause A4 of this Annexure
fdr all time spent in travelling by the Consulting Engineer or
members of his staff not exceeding ten hours per day.
A5.3.3 Site and subsistence allowance
A charge at cost to cover salary, leave, pension, medical
aid, site allowance, accommodation, subsistence and any
other expenses reasonably and 'properly incurred by the
Consulting Engineer or members of his staff.

1077
Engineering Council (General) By-laws. 2012

A6 Fees payable in stages


The following table shows percentages that are typically used for
proportioning the hasic and any additional fee payable for normal
service'S over the various stages of the commission.

Table A6.1: Stage payments


Typical percentage
/ points for each stage
Stage of services
Civil: Engineering Projects:
Preliminary design 30
Design and tender documents 30
Working drawings . 15
Construction 20
Completion of aMconsulting engineering
services 5
Structural: Engineering projects:
Preliminary design 30
-Design and tender documents 30
Working drawings 25
Construction 10
Completion of all consulting engineering services 5

Chit: Building projects:


Preliminary design 30
Design and tender 30
Working drawings 15
Construction 20
Completion of all consulting engineering services 5
Structural: building projects:
Preliminarydesign 30
Design and tender 30
Working drawings 25
Construction 10
Completion of all consulting
engineering services 5
Mechanical and electrical projects:
Preliminary design 30
Design. and tender, including working drawings 3S
Construction 30
Completion of all consulting engineering service 5

1078
S.I. 153 of 2012

-<.
Engineering management services
Concept and preliminary design 25
Detail design and tender documentation 35
Construction stage 35
Completion of all consulting engineering services 5
FOR ins CliENT
Signature: Name: print).

fer and 0;1 behalf of

[imert the name of the CUEN11

AS WITNESSES:
1. Signatl!re:~............................... Name: .

2. Signature: : Name: .. .

FOR THE CONSULTING ENGINEER

Signature: _._ Name: _ print]

for and on behalf of : , .

[Insert the name and trading style of the Consulting Engineer]

AS WITNESSES:

1. Signature: Name: .................•...................................

2. Signature: ~ Name: .

i079
Engineering Council (General) By-laws, 2012

EXPLANATORY NOTES: FEE ON CONSTRUCTION, ENGINEERING


AND MINING PROJECTS
The 1% Project fee on consultancy and engineering fees for all construction,
mining and engineering projects is a fee which the consultant collects from .
the project owner on behalf of the Council, or directly collected by Council
itself. The fees for engineering work shall be paid by the project proponent.
Every registered consultant engineer or technician shall invoice the client
and remit to Council the collected fees within thirty (30) days of collection.
The 1% Project fee will be collected using the following consulting
engineering fees schedules and payment stages in these By-laws.

1.1 Stage one: Report


The fee for Stage One will be calculated on a time basis as set out
in Paragraph A4 in the fees section, the 1% Project fee for this
will becollected by Council thirty (30) days after invoicing by the
consultant.

1.2 Stage two: Preliminary Design. Stage three: DetaiI.ed Design,


Tender Drawings and DommentatioD and Stage Foor·Working
Drawings
The fees for Stages Two, 1lm::e. and Four will be defi:nnined from
table A6.1 in the fees section. the [% Project fee for this will be
collected by Council thirty (30) days afte£ illyoicing by tlleconsultant.

1.3 Stage Five: Cootrad Administmtion and Detail Drawing.'l


The Project fee for Stage FIVe will be caleulared as a percentage of fue
cost of the Works, or on a time basis if so agreed between. the Client
and the Consulting Eagiaeer, 1De 1% Project fee fix this will be
collected by Council ihirty (30) days after invoicing by1ile consulfiIDi. .
If the project is a lump-sum based coll1QCt, the 1% of the Projecr fee shall be
calculated and invoiced to the client by the consultantwho shall be requiNd to
pay the fees to Council within t!llrtY (30) days ofcolIection.

ENGINEERING COUNCIL OF ZIMBABWE


Conquenar House, P.O. Box-660, 256, Samora Machel Avcillle
East, Eastlea, Harare, zimbabwe. Tel: +263-4-782826n9,
Fax:+263~746652
1080
S.LIS30f2012

FOVRTH SCHEDULE (Section 23)

ECZ CODE OF ETHICS MODEL (FORM ECI!)

As engineering professionals, we use our knowledge and skills for the benefit
of world, in order to create engineering solutions for a sustainable future. In'
doing so, we strive to serve our communities ahead of any personal or sectional
interests.
To do so successfully requires ethical behavior. Simply put, ethical behavior
is about making choices; In line with our obligations as professionals, we wish to
ensure that the choices that we make as engineers enable us to do things which
are "good". In addition, we wish to ensure that we do these "good things" in a
manner which is "right".
The ECt Model Code of Ethics is designed to assist constituent bodies and
other member organisations in guiding ethical behavior by formulating their
own Codes of Ethics based on this code. A Code of Ethics must do two things.
First, it must provide guidance on the Values we must adhere to in professional
practice if we are to make the "good" choices referred to above. Second, a Code
of Ethics must set out the Principles we must follow in applying those values, in
order to do things in a manner which is right.
The exercise of professional judgment is often difficult and complex. The
inherent nature of "professionalism" is that as engineers we always have a duty
to others and an obligation to "do the right thing". Exactly who the "others
are", and what the "right thing" is, will be a matter of continual balance. We
are expected to get the balance right. We also know that each situation may be
. different, requiring specific choices depending on the circumstances.
A Code of Ethics will not give us all the answers nor tell us what to do under
all circumstances. Ethical behaviour reflects an individual's perceptions of right
and wrong, guided by their conscience and the values they adhere to.
In drafting the ECZ Model Code of Ethics, considerable care has been
taken to try and get the balance of obligations right, without making statements
that could be misleading (and cause problems for members) when interpreted
narrowly.
Imposition of duties upon members which they cannot realistically satisfy
and the inclusion of provisions which restrain commercial activity and have a
negative effect is not the function of a code of ethics.
The values and principles in the ECZ Model Code of Ethics are those which
arc deemed to be applicable universally to the practice of engineering. The ECZ
Model Code of Ethics provides a framework for analysis and decision making
about the appropriateness of particular conduct or behaviour.

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As engineering practitioners our (preferred) future is dependent on


engagement and trust from our community. An engineer who practises in
accordance with the Model Code of Ethics and the Guidelines will meet these
community expectations of responsibility.
The general question of the duties engineering practitioners owe to the
community are best captured in an ethics awareness program.
Constituent Bodies and member organisations of ECZ are encouraged to
develop a Code of Ethics for their organisation based on the values and principles
set down in the Model Code and 10 impart the values and principles that individuals
need to assist their decision making process through ethics support programs.
The Guidelines appended to the Model Code set out the principles which
underpin each value and give examples of each principle in practice.

ECZ CODE OF ETHICS MODEL


In the course of engineering practice, professional engineers will;
1. DEMONSTRATE INTEGRITY
1.1 Refrain from fraudulent, corrupt or criminal practices.
1.2 Be objective and truthful.
1.3 Practise fairly and with good faith towards clients, colleagues and others.
2. PRACTISE COl'vIPETENTLY
2.1 Practise in a careful and dil!gent manner in accordance with their
areas of competence.
2.2 Practise in accordance with accepted engineering practices,
standards and codes.
2.3 Maintain and strive to enhance the body of knowledge in which
they practise.
3. EXERCISE LEADERSHIP
3.1 Practise so as to enhance the quality of life in society.
3.2 Strive to contribute to the advancement of the body of knowledge
within which they practise, and to the profession in general.
3.3 Foster the public's understanding of technical issues and the role
of engineering.
4. PROTECT THE NATURAL AND BUILT ENVIROMENT .
4.1 Create and implement engineering solutions for a sustainable future,
4.2 Be mindful of the economic, societal and environmental
consequences of actions or projects.
4.3 Promote and protect the health, safety and well being of the
community and the environment.

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GUIDELINES
The primary purpose of a Code of Ethics is to protect the public and to set
a high standard of proprietary conduct among engineering practitioners:
Ethical practice requires judgment. interpretation and balanced decision-
making in context:
These Guidelines underpin the ethical values expressed in the Code of
Ethics and provide examples of the application of those values in practice. They
are not exhaustive, nor should they be interpreted as a full or exhaustive list of
the ethical situations and circumstances that engineers might face. Rather, the
Guidelines provide a framework for ethical decision making in the practice of
engineering.

.DEMONS11MTE INTEGRITY
1. (1) Refrain from fraudulent, corrupt or criminal practices: Corruption is
"the abuse of power to obtain personal gain". Corruption is not limited to money
or goods. It might be to gain fame or popularity or boost an ego. Combating
the disastrous effects of corruption in the global engineering and construction
industry is a top priority because if corruption can be diminished, the poor of
the world will be helped most.
Taking a bribe in an infrastructure conlract equates to stealing a road! It
means that less money is available for the provision of the infrastructure itself.
Similarly. corrupt or unreasonable industrial practices are a form of corruption,
as they also reduce the amount of infrastructure that can be provided for a given
amount of money. .
In practice.engineers must exhibit a zero tolerance attitude to fraudulent,
corrupt or criminal practices. This means-
(a) not engaging in misleading or deceptive conduct such as succumbing
to the wrong influence;
(b) neither soliciting nor accepting financial or other considerations,
including free engineering designs, from material or equipment
suppliers for specifying their products.:
(c) not accepting compensation, financial or otherwise, from the engaging
party for services on the same project, nor providing free services,
unless the circumstances are fully disclosed to: and agreed to, by all
interested parties;
(d) neither paying offering nor receiving, directly or indirectly,.
inducements to secure work;
(e) informing an employer or client of any possible adverse consequences
of proposed activities based on the accepted engineering practices
of the day;

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(f) reporting unethical engineering activity undertaken by omerengineers


or non-engineers. This extends to include for example, situations in
which senior officials of a film make "executive" decisions which
clearly and substantially alter the engineering aspects of the work,
or protection of the public welfare or the environment arising from
the work.
(2) Be objective and truthful: Honesty, integrity, continuously updated
competence, devotion to service and dedication to enhancing the life quality of
society are cornerstones of professional responsibility -Within this framework, you
should be objective and truthful and include ali known and pertinent information
on professional reports, statements and testimony.
In practice, this means-
(a) endeavouring to interpret engineering issues to the public in an
objective and truthful manner;
(b) applying your skills and knowledge with honesty, good faith and
without personal bias;
(c) ensuring that your privileged and trusted position in the community
is not used for personal or sectional interests to the detriment of the
wider community;
(d) revealing the existence of any interest, financial or otherwise, that
might affect or give the appearance 'of affecting your judgment in any
matter about which you are making a statement or giving evidence.

Practise fairly and with goodfaith towards clients, colleagues and others
(3) As an engineer, you have a responsibility to provide loyal service to
your clients and employers for whom you should apply your knowledge and
skills with fairness, honesty and in good faith. You have an obligation to exercise
fairness in deaiing with others and to provide support and assistance when required. -
This includes engaging, or advising to engage, experts or specialists when such
services are deemed to be in the client's or employer's best interests.

In practice, this means~


(a) giving credit where it is due;
(b) accepting, as well as giving, honest and fair professional criticism
when commenting on another's work or making public comment;
(c) not revealing facts, data or information obtained in a professional
capacity without the prior consent of its owner;
(d) -advising your clients or employers when you judge that a project
will not be viable, whether on the basis of commercial, technical,
environmental or any other such risk which you might reasonably
have been expected to consider; -

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(e) avoiding any actions or statements which can be construed as being


unfairly critical of a colleague or intended to favour your own position.
at the expense of a colleague.

PRACTISE COMPETEN1LY
2. (1) Practise in a careful and diligent manner in accordance with their
areas of competence.
There are three key components to engineering practice, with the Code
of Ethics being just one of those components. TIle other two key components
are competence and performance.
The Code of Ethics defines what it means to be a professional and sets
standards of behaviour, competence refers to the ability to perform the activities
within all occupation to the standards expected in employment and performance
is associated with how these _activities ought to be carried out or accomplished
in an effective manner.
You need to understand the distinction between .working or providing
advice in an area of competence and working competently. Working in an area
of competence requires you to operate within the limits of your qualifications
and experiences. Working competently requires principally the application of
sound judgment.
In practice, this means-
(a) exercising care and communicating clearly in accepting or interpreting
assignments, and in setting expected outcomes; .
(b) informing employers or clients, and making appropriate
recommendations on obtaining further advice, if an assignment
.requites qualifications and experiences outside your fields of
competence;
(c) presenting issues fairly, accurately and with appropriate qualifiers and
disclaimers, and [0 avoid personal, political and other non-technical
biases;
(d) expressing opinions on engineering issues honestly and only in areas
of your competence;
(e) reporting or advising on professional matters honestly and only in
areas of your competence;
(f) attaining and maintaining competence in all areas of involvement
including being knowledgeable with the technical and legal framework
and regulations governing your work. .

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----
Practise in accordance with accepted engineering practices, standards and codes
(2) The work you undertake will be subject to various statutory regulations
and compliance issues.
It is important thar you identify what codes and/or standards of compliance
and/or legislation you arc required to adhere to in respect of a particular project.
This should form part of the Brief, which should also allocate responsihility for
such compliance. 'Where statutory codes do not exist, it may be necessary to
develop appropriate standards based on internationally recogaisedsound practice.
In practice, this means--
(a) developing a checklist of relevant codes-before each project (and
during each project) review the relevance and compliance with each
code identified;
(b) examining legislative impacts-seek external assistance to identify
what legislation is peculiar to this project.
(c) reviewing Occupational Health and Safety (OH&S) Issues=-cousider
anything peculiar relating to this project; address with the client any
observations of unsafe work practices noted during site visits=-this
may not be your responsibility yet you may be held partially liable
if you fail to make such comments:
(d) ensuring Sub consultant Compliance-obtain evidence of currentcompli-
ance with OH&S legislation and other code and legislative obligations,

Maintain and strive to enhance the body of knowledge ill which they practise
(3) The requirement to practice within one's area of competence is more
than simply duty to a standard of care. Engineers have a responsibility to remain
abreast of developments and knowledge in their area of expertise, that is, to maintain
their own competence. Should there be a technologically driven or individually
. motivated shift in the area of practice, it is the engineer's duty to attain and maintain
competence in all areas of involvement including being knowledgeable with the
technical and legal framework and regulations governing their work.
In practice, this rueans-s-
(a) having acomrnitment to ongoing professional development, continuing •
education and training;
(b) not falsifying or misrepresenting one's own or an associates'
qualifications. grades of membership, experience and responsibilities;
(c) striving to contribute to the advancement of the body of knowledge
within which you practice, and to the profession in general; .
(d) assessing and responding to the range and availability of professional
knowledge, competencies and resources required to undertake the
engineering project and assessing any material 'uncertainties in these
respects.

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EXERCISE LEADERSHIP
3. (1) Practise so as to enhance the quality of life in society: Engineers are
sometimes perceived by many in the community as being major contributors
to many of the problems in the world, particularly environmental. Having been
painted with that brush, engineers are expected to be fundamental in solving or
correcting those problems.
But the major problems of the world in an overall sense are not those
created by engineers or that can be solved by engineers alone. War, greed,
misery, ignorance and politicai interference, plus natural disasters and human
induced pollution and destruction of resources are in fact the main causes of the
progressive impairment of the environment.
Rarely do major problems in society turn solely upon the application of
engineering development. But engineers are active members of society and ought
to be deeply involved in the promotion of sustainable development. They ought
to use their talent, knowledge and imagination to assist society in removing.those
evils and improving the quality of life for ail people.
In practice. this means-
(a) aiming to deliver outcomes that do not compromise the ability. of
future life to enjoy the same or better environment, health, wellbeing
and safety as currently enjoyed;
(b) being sensitive to public concerns;
(c) promoting the involvement of all stakeholders and the community
in decisions and processes ihat may impact upon them and their
environment;
(d) in identifying sustainable outcomes considering all options in terms
of their economic, environmental and social consequences.
(2) Strive to contribute to the advancement of the body of knowledge
within which they practise, and to the profession in general.

A Code of Ethics is based on shared values and a shared responsibility to


uphold those values.
In practice; this means-
(a) exercising fairness in dealing with others and providing support and
assistance when required;
(b) offering services, advising on or undertaking engineering assignments
in areas of your competence by virtue of your training and experience;
(c) participating. within the framework ofthe practice of your profession,
in providing opportunities to:
(d) further the professional development of your colleagues.

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.e
Foster the public's understanding of technical issues and the role of
engineering
(3) As engineers we possess knowledge and skills on which others rely.
Our future is ultimately dependent on engagement and trust from our community.
It is important that we meet these community expectations by practising in ways
which maintain and enhance conununity trust in the values and expertise of the
engineering profession.
When clients or others question your reasoning, or otherwise request an
explanation, there is an expectation that you will be willing and able to explain
why you have arrived at your particular outcome, especially as checking and
justifying what we do are embedded in the way the engineering task develops.
The notion of explaining one's reasoning and seeking peer review is
thought by many to be fundamental to professional integrity, but in no way
denies the appropriateness of legitimate differences of reasoned opinion arrived
at in a proper and professional manner.
In practice, this mcans-
(a) endeavouring to ensure that information provided to the public is
relevant and in a readily understood form;
(b) applying sound engineeringjudgment based on experience and relevant
analysis to arrive at the appropriate balance of considerations in any
given situation;
(c) taking reasonable steps to understand the consequences of your
actions and the actions of those working with or for you;
(d) displaying restraint in tile manner in which you comment on
engineering matters, especially in circumstances where, by explicit
reference or implication, there is a reason for the public to believe
that such comments are made on the basis of relevant knowledge.

PROTECT THE NATUR4.L AND BUILT ENVIRONMENT


4. (1) Create and implement engineering solutions for a sustainable future:
Issues regarding the environment and sustainable development know no
geographical boundaries.
Sustainability is not just about the environment, but also about sustaining
our social and economic future. It is not about targets, or quotas, but about
strategies: It is not just about technologies, but also about transitional processes.
No matter how progressive the innovations in management and technology, they
. can only move society 51) far towards sustainability. Modification of consumption
behaviour, integrating political and societal aspirations andpoucies, and advancing
the knowledge and skills to enhance the protection and restoration of natural .
systems all remain important issues to be addressed.

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Sustainable development is the challenge of meeting current human needs


for natural resources, industrial products, energy, food, transportation, shelter;
and effective waster management while conserving and, if possible, enhancing
the Earths' environmental quality, natural resources, ethical, intellectual and
working affectionate capabilltiesof people and socioeconomic bases, essential
for the human needs of future generations. .
Growth in demand and the use of non-renewable energy resources is
creating important environmental challenges around the world: These challenges
range from a mixture of local or regional environmental concerns such as land
degradation, water quality, waste management and urban air quality to global
environmental dilemmas such as GHG emissions and the inter-connected
occurrence of global warming.
In practice, this means--
(a) being aware that the principles of ceo-systemic interdependence,
diversity maintenance, resource recovery and inter-relational harmony
form the basis of humankind's continued existence and that each of
these poses a threshold of sustainability that should not be exceeded;
(b) discussing in particular the consequences of proposals and actions,
direct or indirect, immediate or long term; upon the health of people,
~ciaf equity and the local system of values;
(CI promoting a clear understanding of the actions required to restore
and, if possible, to improve the environment that may be disturbed,
and include them in your proposals. .

Be mindful of the economic, societal and. environmental consequences of


actions or projects
(2) Proper observance of the principles of sustainable development
will help considerably to eradicate world poverty. Sustainability is a system .
. or process which can be maintained indefinitely and which revolves around
integrating conservation and development on a long-term basis to provide social
and economic benefirs, without.compromising the needs of future generations ..
Engineers of all nations should know and respect the environmental ethics.
In practice, this means:
(a) making sure that your own perception of environmental issues is as
accurate as possible;
(0) striving to accomplish the beneficial objectives of your work with
the lowest possible consumption of! ,\IV materials and energy and
,the lowest production of wastes and any kind of pollution;
(c) studyingrhe environment that will be affected by yourwork, assessing
the impacts that: might arise in the structure, dynamics and aesthetics of

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the ecosystems involved - urbanised or natural- as well as pertinent


socioeconomic systems, and selecting the best alternative for
development that is both environmentally sound and sustainable;
(d) rejecting any kind of commitment that involves unfair damages to
human surroundings and nature and aim for the best possibJe technical,
social and political solution;
(e) being aware of and making sure that clients and employers are aware
of societal and environmental consequences of actions or projects
and endeavouring to interpret engineering issues to the public in an
objective and truthful manner.

Promote and protect the health, safety and well being of the community and
the environment .
(3) The obligation to protect the health, safety and well being of the
community is often dependent on engineering judgments, risk assessments,
decisions and practices incorporated into structures, machines, product, processes
and devices. Engineers ought to control and 'make sure that what they are Involved
with conforms with accepted engineering practices. standards and applicable
codes, and would lie considered safe based on peer adjudication,
Laudable though the aim of acting in the interests of the community
above all else might be, there is a danger in making simplistic statements that say
categorically that our duties and responsibilities lie in only one direction, implying
by such statements that we have a duty to override (and not balance) legal, fiduciary
and contractual responsibilities if they conflict wid! that "grand" duty.
In practical terms. those legal duties and obligations will arise principally
in two specific contexts. First. there will be duties and obligations of engineers
to their clients. Second, there will be duties and obligations of those engineers
who are employees to their employers. In some cases there may be a conflict!
tension between legal duties and ethical Obligations.
Engineerswho have reason to believe that there is a threat to public health
and safety as a result of an engineering activity, or its products, processes etc.
not conforming to the above stated conditions ought to bring the matter to the
attention of the relevant authority.
Inpractice, this means-s-
(a) having due regard for the health, safety and wellbeing of the public
and fellow employees in all work for which they are responsible;
(b) trying with the best of their ability, courage, enthusiasm and dedication
to obtain a superior technical achievement which will contribute to
and promote a healthy and agreeable surrounding for all people, in
open spaces as well as indoors;

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(c) informing your employer or contractor 6f the possible


consequences if your recommendations on issues of safety, health,
welfare or sustainable development are overruled or ignored.

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Supplement to the Zimbabwean Government Gazette dated the 28th September, 2012.
Printed by the Government Printer. Harare. .

lO92

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