Geomatics Profession Act, 2013 (Act No. 19 of 2013)Chapter 5 : Professional Conduct19. Code of conduct |
| (1) | The Council must, within 90 days from the date of its first meeting and in consultation with the Minister, prepare a code of conduct for registered persons which must be published in the Gazette. |
| (2) | The code of conduct may contain different provisions for different categories of registered persons. |
| (3) | The Council must take all reasonable steps to— |
| (a) | publicise the existence of the code of conduct developed by the Council in terms of this Act; |
| (b) | inform members of the public of the contents of the code of conduct, including its enforcement procedures; and |
| (c) | inform members of the public on how and where to obtain a copy of the code of conduct. |
| (4) | The Council may amend the code of conduct in consultation with the Minister, and any amendment must be published in the Gazette. |
| (5) | All registered persons must comply with the code of conduct and failure to do so constitutes misconduct. |
| (6) | In addition to the code of conduct, a registered person must— |
| (a) | not deliberately do anything calculated to unjustly or unfairly injure the reputation of another registered person; |
| (b) | abstain from direct or indirect participation as an adviser or decision-maker in any matter in which he or she has a personal interest, and must leave any chamber in which such matter is under deliberation, unless— |
| (i) | the personal interest has been made a matter of public record; |
| (ii) | his or her employer, if any, has given written approval; and |
| (iii) | the public official, public agency or body with jurisdiction to rule on ethical matters has expressly authorised his or her participation; |
| (c) | not solicit prospective clients or employment through the use of false or misleading claims, harassment or duress; |
| (d) | not use the power of any office to seek or to obtain special advantage that is not in the public interest nor any special advantage that is not a matter of public knowledge; |
| (e) | not use confidential information acquired in the course of his or her duties to further a personal interest; |
| (f) | not disclose confidential information acquired in the course of his or her duties, unless required by law to do so or by circumstances to prevent substantial injury to third persons; |
| (g) | not commit a deliberately wrongful act which reflects adversely on the geomatics profession or seek business by stating or implying that he or she is prepared, willing or able to influence decisions by improper means; |
| (h) | accurately represent his or her qualifications to practise geomatics and his or her education and affiliations; |
| (i) | respect the rights of every person and must not violate any right of another person protected by the Constitution of the Republic of South Africa, 1996; and |
| (j) | accept personal responsibility and liability for geomatics work performed by or under his or her supervision, direction or control. |
| (7) | A registered person is guilty of improper conduct if he or she— |
| (a) | performs work reserved for registered persons in connection with any matter which is the subject of a dispute or litigation on condition that payment for such work will be made only if such dispute or litigation ends in favour of the person for whom such work is performed; |
| (b) | performs work reserved for registered persons during any period for which he or she is suspended under this Act; |
| (c) | commits an offence in the performance of his or her work as a registered person; |
| (d) | accepts remuneration for the performance of work reserved for registered persons from any person other than his or her client or employer, without the prior approval of such client or employer; or |
| (e) | fails to comply with this Act. |