(1) Notwithstanding anything to the contrary contained in section thirty-nine, it shall be lawful for— (a) a person who is—
(i) in the bona fide employment of a registered architect, to perform the work of an architect under the direction and control of such registered architect; or
(ii) engaged by a registered architect to provide a specific service for such architect, to perform, in accordance with the instructions of such registered architect, the work of an architect, other than the supervision of the work of constructing buildings or additions thereto;
(b) a body corporate, firm or partnership which carries on business which involves the performance of the work of an architect, to perform the work of an architect or to describe or hold itself out to be an architect if—
(i) the business of the body corporate, firm or partnership, so far as it relates to the work of an architect, is under the direct control and management of a principal who is a registered architect and who does not act at the same time in a similar capacity for any other body corporate. firm or partnership; and
(ii) in every premises where any business referred to in subparagraph (i) is carried on and is not personally conducted by the said principal, such business is being conducted under the direction of the said principal by an assistant who is a registered architect;
(c) a person in the bona fide employment of a body corporate, firm or partnership referred to in paragraph (b) to perform the work of an architect under the direction and control of a principal or assistant referred to in paragraph (b);
(d) a person who is bona fide employed as a clerk of works to carry out the functions that are customarily performed by a clerk of works;
(e) a building society which is registered in terms of the Building Societies Act [Chapter 24:02] to carry on business as a building society and for any bona fide employee of such building society to carry out his duties as such;
(f) a person who is a member of such class of members as may be prescribed by the Minister of The Zimbabwe Institute of Engineers or of any other institution of engineers prescribed by the Minister, or any person in the bona fide employment of such a member, to carry out the functions that are customarily performed by members of such class of prescribed members in the normal course of their profession.
(2) It shall be a defence to any charge of contravening paragraph (a) of subsection (1) of section thirty-nine for a person to show that—
(a) he performed the work of an architect for his employer whilst in the bona fide full-time employment of his employer and that—
(i) his remuneration was by way of a wage or salary and not a fee or commission; and
(ii) he was not employed solely to design or supervise the work of constructing a particular building or buildings or additions thereto; or
(b) the work of an architect performed by him consisted of an act specified in the Third Schedule.
(3) The provisions of this Act shall not apply to any person in the full-time employment of a municipal council, town council, local board or rural district council, in relation to his duties as such an employee.
(4) For the purposes of paragraph (f) of subsection (1), any function performed by a member such as is referred to in that paragraph shall not be regarded as not being a function that is customarily performed by such members by reason only of the fact that a new technique or process is employed in carrying out that function or that the function relates to an invention or new process and has not therefore previously been performed by such members.