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Agrement South Africa Act, 2015 (Act No. 11 of 2015)

5. Powers and duties

 

(1) In order to achieve its objects, Agrément South Africa may exercise the power to—
(a) assess and, if satisfied, certify the fitness-for-purpose of a non-standardised construction related product or system;
(b) issue, amend, suspend, reinstate, withdraw or renew an Agrément Certificate;
(c) enter into an agreement with a person, entity or organ of state, whose services are required to achieve an object or perform a function of Agrément South Africa or the Board;
(d) provide services in relation to the objects of Agrément South Africa to a person, entity or organ of state; and
(e) exercise any other power as may be prescribed or necessary to achieve the objects of Agrément South Africa.

 

(2) In order to achieve its objects Agrément South Africa has the duty to—
(a) create appropriate structures to execute its executive and operational functions;
(b) develop any rules, processes, procedures, criteria or guidelines necessary to achieve the objects of Agrément South Africa and the execution of its duties;
(c) monitor and evaluate the quality management systems of a certified construction related product or system, in its manufacture, application, installation or erection processes;
(d) communicate relevant information to stakeholders in respect of the technical, socio-economic and regulatory aspects of a non-standardised construction related product or system certified by Agrément South Africa;
(e) support and promote the introduction and use of certified non-standardised construction related products or systems in the local or international market;
(f) establish and maintain international links with peer organizations;
(g) open and operate a banking account in the name of Agrément South Africa; and
(h) encourage research and development of non-standardised construction related products or systems.

 

(3) Agrément South Africa may—
(a) acquire or dispose of property or a right in respect thereof, but immovable property must be acquired or disposed of with the prior written consent of the Minister;
(b) invest its funds not immediately required;
(c) insure Agrément South Africa against any—
(i) loss, damage or risk; or
(ii) liability it may incur in the application of this Act;
(d) institute or defend legal action;
(e) determine, charge and collect fees for any services rendered, product and document produced;
(f) charge interest in respect of money due to it from the day after such money becomes due and payable; and
(g) grant a person, entity or organ of state an exemption from the payment of any fee, or a portion thereof.

 

(4) The powers and duties of Agrément South Africa must be exercised and performed impartially and without undue influence.