Value Statement ............................................................................................................. 5

Establishment ................................................................................................................. 5

Purpose of the Act .......................................................................................................... 5

Registration of HR Practitioners ..................................................................................... 5

Application for registration .............................................................................................. 6

Removal of name from register ...................................................................................... 6

Composition of the Board of the SABPP ........................................................................ 7

Term of office of members of Board of the SABPP........................................................ 7

Termination of office of chairperson, deputy chairperson or member ............................ 8

Election of Chairperson and Vice Chairperson............................................................... 8

Appointment and functions of chief executive officer and staff....................................... 8

Committees of SABPP.................................................................................................... 9

Disciplinary committee.................................................................................................... 9

Meetings, and procedure at meetings of SABPP and committees............................... 10

Powers and duties of SABPP ....................................................................................... 10

Rules and Regulations.................................................................................................. 12

Funds of SABPP and keeping and auditing of accounts .............................................. 12

Authorised titles ............................................................................................................ 13

Renewal of professional registration............................................................................. 13

Return of professional registration certificate ............................................................... 13

Short title and commencement ..................................................................................... 13

Dissolution .................................................................................................................... 13

1. The actions of the South African Board for Personnel Practice are guided by the

following values:

a. The SABPP is committed objectivity, fairness, consistency and integrity in all

its functions.

b. The quality assurance system of the SABPP ETQA strives to contribute to

the economy of South Africa.

c. The SABPP links the achievement of quality to equity and the fostering of

innovation and diversity.

d. The SABPP will work in a consultative and cooperative mode with partners

and stakeholders

i. offering service excellence

ii. being professional in all our dealings

iii. building and maintaining trust and confidentiality

2. The SABPP strives to facilitate the delivery of high quality HR practice both in

education, training and implementation.

3. The SABPP is an existing juristic person under the South African Qualifications

Authority (SAQA) Act and is hereby also established and acknowledged as a

juristic person under the HR Profession Bill.

4. 2 This Act does not interfere with, govern or supersede the functions of the

Education Training Quality Assurance body (ETQA) of the SABPP, which is

governed by the SAQA Act.

5. The purpose of this Act is to organise the Human Resource Profession (hereinafter

referred to as the HR profession)

a. to provide for the registration of all HR practitioners practicing HR in South

Africa;

b. to provide for compliance to a professional code of conduct;

c. to provide for the protection of the public, workers and employees from

unethical HR practices;

d. to provide for the maintenance of the highest standards of professional

conduct and integrity;

e. to provide for the professional development of HR; and

f. to provide for a licence to practice HR in South Africa.

6. A person who qualifies for registration in terms of this Act must register with the

7. No person may be employed as an HR Practitioner by any employer unless the

person is registered with the SABPP.

8. An application for registration must be made to the SABPP in the manner and form

determined by the SABPP.

9. The applicant must submit the documentation and information required by the

SABPP together with the registration fee.

10. The SABPP must consider an application for registration in terms of the

requirements for registration determined by the SABPP.

11. If an applicant for registration satisfies the requirements the SABPP must register

the applicant and issue a registration certificate to the HR Practitioner.

12. If an applicant does not satisfy all the requirements but the SABPP is of the opinion

that the requirements will be satisfied within a reasonable time, the SABPP may

register the applicant provisionally on such conditions as the SABPP may

determine.

13. When an HR Practitioner who is provisionally registered as contemplated satisfies

all the requirements for registration and the conditions referred to, the SABPP must

register the HR Practitioner.

14. If an HR Practitioner referred to does not satisfy the requirements for registration

within the period specified, the provisional registration lapses and the name of the

person is removed from the register.

15. The period for which an HR Practitioner is provisionally registered maybe extended

by the SABPP, and different conditions in respect of different applicants may be

determined if there is a reasonable basis for the determination.

16. Different categories of registration may be determined by the SABPP:

a. to allow for special circumstance; or

b. if there is a reasonable basis for such differentiation.

17. The SABPP may direct the chief executive officer to remove the name of an HR

Practitioner from the register if:

a. after having been registered, the relevant qualification of the HR Practitioner

is withdrawn or cancelled by the higher education institution which issued it:

i. the HR Practitioner was registered by error or by means of fraud;

ii. the HR Practitioner was found guilty of a breach of the code of

professional ethics;

iii. the HR Practitioner requests de-registration, permanently or for a

specified period;

iv. the HR Practitioner fails to pay the prescribed fees in the prescribed

period; or

18. Notice of the removal of the name of an HR Practitioner from the register must be

given by the chief executive officer to the HR Practitioner concerned by way of

certified mail addressed to the relevant address appearing in the register.

19. The name of an HR Practitioner contemplated may not be removed from the

register unless the HR Practitioner was given a reasonable opportunity to make

representations to the SABPP.

20. As from the date on which notice has been given to the HR Practitioner any

registration certificate issued to the HR Practitioner concerned is regarded to be

cancelled.

21. The SABPP consists of the following members, appointed by the Minister with due

consideration to representation in respect of race, gender, disability and

geographic distribution:

a. 8 board members elected by registered practitioners

b. 4 board members nominated by the organised profession

c. 1 board members appointed by the Department of Labour

d. 1 board member appointed by the Department of Public Service /

Administration

e. 1 board members appointed from higher education in the HR field

22. If the organised profession is unable to reach agreement collectively with regard to

the nominations then the Minister must appoint the members from the nominations

by individual organisations from the organised profession.

23. When any nomination becomes necessary the SABPP must invite the relevant

bodies or authorities in writing to nominate persons who qualify for nomination

within a specified period of at least 30 days.

24. No person may be nominated or appointed as a member of the SABPP if that

person

a. is removed from an office of trust by a court of law; or

b. is convicted of tin offence involving dishonesty or an offence for which the

sentence imposed is imprisonment without the option of a fine.

25. If the SABPP receives any nomination it must within 30 days after the expiry date

specified in the invitation, submit the nomination to the Minister.

26. If the SABPP receives no nominations or receives insufficient nominations within

the period specified in the incitation the Minister may, after consultation with the

SABPP, appoint persons who meet the requirements up to the number required, as

members.

27. The Minister must by notice in the Gazette, as soon as practicable after the

appointment of the members, publish the name of every person appointed as a

member, together with the date from which the appointment takes effect and the

period for which the appointment is made.

28. The Board of the SABPP consists of elected Chartered Practitioners / Chartered

Practitioners (Master) from both the Generalist and Specialist categories as

detailed in the Regulations of the Board:

30. A member of the Board of the SABPP may not serve for more than two

consecutive terms of office.

31. The term of office of the chairperson, deputy chairperson or any other member is

terminated if the member

a. resigns by giving notice in writing to the Minister and the SABPP;

b. is absent from three consecutive meetings of the SABPP or from a

committee of which the member is a member without leave of the relevant

chairperson, or in the case of the chairperson, the leave of the executive

committee of the SABPP;

c. brings the SABPP or the profession into disrepute;

d. no longer meets the requirements;

e. is declared insolvent;

f. is removed from an office of trust by a court of law;

g. is convicted of an offence involving dishonesty or an offence for which the

sentence imposed is imprisonment without the option of a fine; or

h. is declared by a competent court to be of an unsound mind or under a legal

disability.

32. The members of the Board of the SABPP must, at the first meeting of every newly

constituted Board of the SABPP elect a Chairperson and Vice Chairperson of the

Board of the SABPP who must be registered chartered HR practitioners (master) or

chartered HR practitioners and must actively practice in the HR profession.

33. The Chairperson and Vice Chairperson of the Board of the SABPP hold office for a

period of three years from the date of their appointment.

34. The Vice Chairperson must, if the Chairperson is for any reason unable to act as

chairperson, perform all the functions and may exercise all the powers of the

chairperson.

35. If both the Chairperson and Vice Chairperson of the Board of the SABPP are for

any reason unable to preside at a Board of the SABPP meeting, the members

present must elect a person to preside at that meeting.

36. The person elected may, during that meeting and until Chairperson and Vice

Chairperson of the Board of the SABPP resumes his or her functions, perform all

the functions and exercise all the powers of the Chairperson.

37. The SABPP must appoint a chief executive officer and may appoint other

employees, as it may deem necessary to assist it in the performance of its

functions.

38. The chief executive officer is the accounting officer of the SABPP.

39. The chief executive officer is, subject to the directions and in accordance with the

policy of the SABPP, responsible for the

b. organisation, control, management and discipline of the staff, and

c. implementation of the decisions of the SABPP.

40. As accounting officer the chief executive officer is responsible for

a. all income and expenditure of the SABPP;

b. all assets and the discharging of all liabilities of the SABPP; and

c. the proper and diligent implementation of the operational plans of the

SABPP.

41. The SABPP is the employer and must determine the conditions of service of its

employees.

42. The chief executive officer must enter into a performance agreement, as

prescribed, with the Board of the SABPP on acceptance of his or her appointment.

43. The chief executive officer must perform, in addition to such functions as may

otherwise be assigned to him or her by or under this Act, such functions as may

from time to time be assigned to him or her by the Board of the SABPP.

44. The SABPP may establish any committee, including an investigating committee, to

assist it in the performance of its functions and may appoint any person as a

member of that committee. This will be detailed in the Regulations to this Act.

45. The disciplinary committee of the SABPP consists of

a. the deputy chairperson of the SABPP, who is the chairperson of the

committee;

b. 4 members appointed by the SABPP; and

c. the chief executive officer.

46. The disciplinary committee must

a. compose, maintain and from time to time review a code of professional

ethics;

b. ensure that an alleged breach of the code of professional ethics is

investigated;

c. establish panels to investigate and hear complaints against HR Practitioners;

d. ensure that a fair hearing, in accordance with the procedure determined by

the SABPP, is conducted;

e. on the basis of a recommendation of the relevant panel, recommend a

finding and appropriate action, if any to the SABPP; and

f. exercise or perform any other power or duty delegated or assigned to it by

the SABPP.

47. A relevant panel must make a recommendation to the disciplinary committee in

regard to a finding, and, if any, disciplinary action concerning a complaint referred

48. For the purposes of the investigation and hearing, a panel may summon any

person who

a. may be able to give information of material importance concerning the

subject of the investigation or hearing; or

b. has possession, custody or control of or over any book, document or object

which may have a bearing on the matter, to appear before the panel and to

produce the book, document or object, if any.

49. The summons must be in a form prescribed by the SABPP and be signed by the

chairperson of the disciplinary committee or the chief executive officer and be

served on a person by way of

a. delivery by hand;

b. telefax; or

c. registered post.

50. The date on which the summons is served is regarded as, in a case of

a. service by hand, the date of delivery;

b. service by telefax, the dispatching date reflected on the telefax; and

c. service by registered post, the date on which the letter was signed for,

d. in the absence of proof to the contrary.

51. The disciplinary committee and a panel must keep a record of the proceedings of

every investigation and disciplinary hearing.

52. The SABPP must hold at least two meetings during each calendar year at its head

office, and may in addition hold such other meetings as the chairperson of the

SABPP may determine.

53. The SABPP may make rules relating to the procedure at meetings of the SABPP

and its committees, and on any other matter necessary for the performance of its

functions.

54. A majority of the members of the SABPP or a committee constitutes a quorum at

any meeting of the SABPP or committee.

55. A decision of the majority of the members of the SABPP or of a committee present

at any meeting constitutes a decision of the SABPP or committee.

56. In the event of an equality of votes, the presiding member has a casting vote in

addition to a deliberative vote.

57. A decision taken by the SABPP or a committee is not invalid by reason only of a

vacancy on the SABPP or a committee, as the case may be, at the time when the

decision was taken.

a. must determine minimum criteria and procedures for registration or

provisional registration;

b. must consider and decide on any application for registration or provisional

registration;

c. must keep a register of the names of all persons who are registered or

provisionally registered;

59. must determine the form and contents of the registers and certificates to be kept,

maintained or issued in terms of this Act, the periods within which they must be

reviewed and the manner in which alterations thereto may be effected; and

60. may prescribe the period of validity of the registration or provisional registration;

61. with regard to the promotion and development of the education and training

profession;

62. must promote, develop and maintain a professional image;

63. must advise the Minister on matters relating to the education and training of HR

Practitioners including but not limited to:

a. the minimum requirements for entry to all the levels of the profession;

b. the standards of programmes of pre-service and in-service HR Practitioner

c. education;

d. the requirements for promotion within the education system;

64. HR Practitioner professionalism:

a. must research and develop a professional development policy;

b. must promote HR-service training of all HR Practitioners;

c. may develop resource materials to initiate and run, in consultation with an

employer training programmed, workshops, seminars and short courses that

are designed to enhance the profession;

d. may compile, print and distribute a professional journal and other

publications;

e. may establish a professional assistance facility for HR Practitioners;

f. with regard to professional ethics:

i. must compile and maintain and from time to time review a code of

professional ethics for HR Practitioners who are registered or

provisionally registered with the SABPP;

ii. must determine s fair hearing procedure;

iii. may caution or reprimand;

iv. impose a fine not exceeding one month’s salary on; or

v. remove from the register for a specified period or indefinitely or

subject to specific conditions, the name of an HR Practitioner found

guilty of a breach of the code of professional ethics: and

vi. may suspend a sanction imposed for a period and on conditions

g. with regard to fees

i. must in consultation with the Minister, determine fees payable to the

SABPP by registered HR Practitioners and HR Practitioners applying

for registration;

ii. may require from the relevant employers to deduct fees from the

salaries of HR Practitioners and to pay it over to the SABPP:

65. The Board of the SABPP may, by notice in the Gazette, make rules and regulations

with regard to any matter that is required or permitted to be prescribed in terms of

this Act and any other matter for the better execution of this Act or in relation to any

power granted or duty imposed by this Act.

66. Before the Board of the SABPP makes any rule or regulations under this section, it

must publish a draft of the proposed rule in the Gazette together with a notice

calling on interested persons to comment in writing within a period stated in the

notice, but the period may not be less than 30 days from the date of publication of

the notice.

67. The funds of the SABPP consist of:

a. compulsory fees;

b. money received from donations, contributions, interest or fines; and

c. other money received by the SABPP from any other source.

68. The SABPP

a. must during each financial year, at such time and in such manner as the

Minister may determine, submit to the Minister for approval a detailed

statement of its estimated income and expenditure for the ensuing financial

year;

b. may during any financial year submit to the Minister for approval adjusted

statements of its estimated income and expenditure; and

c. may not incur any expenditure which exceeds the total amount approved in

terms of paragraphs (a) and (b).

69. If the Minister does not approve the statement of estimated income and

expenditure of the SABPP, the Minister must request the SABPP to submit a

revised statement of its estimated income and expenditure within a specified

period.

70. The funds must be used by the SABPP in accordance with the approved

statement.

71. Any unexpended balance must be carried forward as a credit to the following

financial year.

72. The SABPP may invest any portion of its funds in such manner as the SABPP may

73. The books of account and financial statements of the SABPP must be audited at

the end of each financial year by a chartered accountant registered in terms of the

Public Accountants’ and Auditors’ Act. 1991 (Act No. 80 of 1991), appointed by the

SABPP.

74. A copy of the audited financial statements must be submitted to the Minister within

three months after the end of the SABPP’s financial year.

75. A person who is registered in any of the levels and categories may describe

himself or herself and use the title and post nominal titles as conferred by the

SABPP.

76. A registered professional practitioner may only use a title prescribed by the SABPP

for the level and category.

77. The Board of the SABPP may determine abbreviations or acronyms for the titles

referred as well as create and authorise the use of new titles and post nominal

titles as deemed necessary.

78. The SABPP may determine conditions for the renewal of registration such as

accounting for continued professional development (CPD) to ensure currency and

continued competence as detailed in the Regulations of the Board.

79. A registered professional practitioner must, at least three months prior to the

prescribed expiry date of his or her professional registration, apply in the

prescribed manner to the SABPP for the renewal of his or her professional

registration.

80. The SABPP may determine conditions for the renewal of registration such as

accounting for their Continued Professional Development (CPD).

81. The SABPP must, on application, register a person who was previously registered

and whose registration was cancelled if he or she has paid—

a. the prescribed fee;

b. any arrear registration fee or portion thereof;

c. any expenses incurred by the SABPP in connection with the recovery of any

arrear fees; and

d. any penalties imposed on him or her by the SABPP.

82. Any person whose registration has been cancelled in terms of this Act, must return

his or her registration certificate to the Chief Executive Officer within 30 days from

the date on which he or she is directed by the Chief Executive Officer in writing to

do so.

83. This Act is called the HR Profession Act, and commences on a date fixed by the

President by proclamation in the Gazette.

84. The SA Board for Personnel may be dissolved after agreement by registered postal

practitioners. The assets remaining after the payment of the debts and liabilities of

the Board and the cost of liquidation shall be transferred to a body(s) with objects

similar to those of the Board which are exempt from income tax in terms of section

10(1)(cB)(i)(ff) of the Income Tax Act.

85. Any person who has been duly summoned and who fails without sufficient cause

a. to attend at the time and place specified in the summons; or

b. to remain in attendance until excused by the panel from further in

attendance;

c. refuses to be sworn or to affirm as a witness: or

d. fails without sufficient cause:

i. to answer fully and satisfactorily any question lawfully put to that

person; or

ii. to produce any book, document or object in that person’s possession

or custody or under that person’s control which that person was

required to produce in terms of the said section

e. is guilty of an offence and liable on conviction to a fine or to imprisonment for

a period not exceeding six months.

==end==