Transvaal Architects, Association of v Wickee [1911] ZATPD 64 (9 May 1911)

Bye-Law - Ultra Vires - Unreasonableness - Architects Association - Restriction on Occupation - Act 39 of 1908

A bye-law, purporting to be framed by virtue of Act 39 of 1909, provided that the carrying on by an architect of the business of a house and estate agent, without the consent of the Council of Architects, should constitute unprofessional or dishonourable conduct.

Held, that such bye-law was ultra vires as being unreasonable, because it placed in the hands of the Council arbitrary power not contemplated in the Act.