Mandating Procedures of Provinces Act, 2008
R 385
Land Survey Act, 1997 (Act No. 8 of 1997)12. Improper conduct of land surveyor |
| (1) | A land surveyor shall be guilty of improper conduct if he or she— |
| (a) | signs, except as provided in section 16 or in the prescribed circumstances, a general plan or diagram of any piece of land in respect of which he or she has not carried out or supervised the whole of the survey and field operations, and carefully examined and satisfied himself or herself of the correctness of any entries which may have been made by any other person in any field book, and of the calculations, working plans or other records in connection therewith; |
| (b) | signs a defective general plan or diagram knowing it to be defective; |
| (c) | performs, through negligence or incompetence, defective surveys or surveys to which adequate checks have not been applied; |
| (d) | makes any entry in a field book or other document, which purports to have been derived from actual observation or measurements in the field when it was not so derived; |
| (e) | supplies erroneous information to the Surveyor-General in connection with any survey, boundaries or beacons of land, knowing it to be erroneous; or |
| (f) | contravenes any provision of this Act or fails to comply therewith. |
| (2) | The Chief Surveyor-General may, in respect of any land surveyor referred to in subsection (1)— |
| (a) | refer any complaint or allegation of improper conduct to the South African Council for Professional and Technical Surveyors established by section 2 of the Professional and Technical Surveyors’ Act, 1984 (Act No. 40 of 1984), for enquiry in terms of section 29 of that Act; or |
| (b) | apply to the court by way of motion for the suspension or cancellation of the right of that land surveyor to practise as such, and the court may thereupon suspend or cancel that right or make such other order as it deems fit. |
