Planning Profession Act, 2002 (Act No. 36 of 2002)Chapter 5 : Professional Conduct18. Code of conduct |
| (1) | The Council must include in its rules a code of conduct for registered persons. |
| (2) | The Council is responsible for administering the code of conduct and must ensure that the code of conduct is available to registered persons and members of the public at all reasonable times. |
| (3) | In addition to what is contained in the code of conduct, a registered person is required— |
| (a) | to do nothing calculated to unjustly or unfairly injure the reputation of another registered person; |
| (b) | to make public disclosure of all his or her personal interests regarding any decision to be made in the planning process in which he or she serves, or is requested to serve; |
| (c) | to abstain completely from direct or indirect participation as an advisor or decision maker in any matter in which he or she has a personal interest, and leave any chamber in which such matter is under deliberation, unless the personal interest has been made a matter of public record, his or her employer, if any, has given written approval, and the public official, public agency or body with jurisdiction to rule on ethical matters has expressly authorised his or her participation; |
| (d) | to receive or seek no gifts or favours, nor offer any, under circumstances in which it might reasonably be inferred that the gifts or favours were intended or expected to influence a participant's objectivity as an advisor or decision maker in the planning process; |
| (e) | not to solicit prospective clients or employment through use of false or misleading claims, harassment or duress; |
| (f) | not to use the power of any office to seek or obtain special advantage that is not in the public interest nor any special advantage that is not a matter of public knowledge; |
| (g) | not to use confidential information acquired in the course of his or her duties to further a personal interest ; |
| (h) | not to 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; |
| (i) | not to commit a deliberately wrongful act which reflects adversely on the planning profession or seek business by stating or implying that he or she is prepared, willing or able to influence decisions by improper means; |
| (j) | to accurately represent his or her qualifications to practise planning as well as his or her education and affiliations; and |
| (k) | to respect the rights of every person and not violate any right of another person protected by the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). |
| (4) | 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 the provisions of this Act. |