Customs and Excise Act, 1964 (Act No. 91 of 1964)Customs and Excise RulesChapter XA : Internal Administrative Appeal; Alternative Dispute Resolution; Dispute SettlementSchedulesSchedule B : Code of conduct for facilitator |
The terms of this Code of Conduct will be binding upon every person appointed as a facilitator (“the facilitator”) by the Commissioner to facilitate the alternative dispute resolution process ("ADR") as contemplated in rule 77I.12 of the rules promulgated under the provisions of section 77I of the Customs and Excise Act, 1964 (Act No. 91 of 1964).
1. Professionalism
Every facilitator is duty bound to build the integrity, fairness and efficacy of the ADR process and to preserve the independence and impartiality of the facilitator.
2. Every facilitator must—
| (a) | conduct himself or herself with honesty and integrity and with courtesy to all parties; |
| (b) | act in good faith and with impartiality to all parties; |
| (c) | either decline an appointment or obtain technical assistance when a case is outside his or her field of competence; |
| (d) | duly act within the prescripts of the facilitation process and the law; |
| (e) | respect time and attempt to bring the dispute to an expeditious conclusion; |
| (f) | resist the exercise of improper influence from any person outside the facilitation process; and |
| (g) | continuously seek to upgrade his or her proficiency in the handling of customs disputes, skill and knowledge. |
3. Conflict of interest
| (a) | A facilitator must immediately disclose to the parties and to the Commissioner any fact that is likely to either affect his or her impartiality or create the impression that his or her impartiality is affected. |
| (b) | A facilitator should decline an appointment if a conflict of interest exists that will give rise to bias. |
| (c) | If one of the parties requests the facilitator to recuse him or herself, the facilitator may do so if it will facilitate the resolution of the dispute. |
| (d) | The Commissioner may not remove a facilitator once he or she has commenced with the ADR process, save by the request of the facilitator or by agreement between both parties. |
| 4. | Confidentiality |
| (a) | Information disclosed to the facilitator in confidence by a party during the course of the facilitation should be kept by facilitators in the strictest confidence and should not be disclosed to the other party unless authority is obtained for such disclosure from the party that disclosed the information. |
| (b) | The proceedings and outcome of all processes and related documentation will remain confidential, unless all the parties to the process agree otherwise or disclosure is allowed by any law. |
5. Conclusion of facilitation
Facilitators should reduce all agreements, settlement or a recommendation (if requested by both parties) to writing in a clear and concise format.
6. Quality Control
| (a) | The Commissioner has the right to request parties to submit evaluations of the facilitation process, including an assessment of the facilitator, from any party, which evaluations the Commissioner is entitled to treat confidentially. |
| (b) | The Commissioner may remove a facilitator from the list of facilitators for good reason, which includes the incompetence of the facilitator. |