Registered Persons in fulfilling the objectives contemplated in clause 1 above must comply with the following rules:
Registered Persons:
| i. | must discharge their duties to their employers, clients, associates and the public with due care, skill, and diligence. ii. shall only perform work which he/she has been proven competent to perform based on their knowledge, education, training, and experience. iii. must, when carrying out work, adhere to norms of the profession. |
Registered Persons:
| i. | must discharge their duties to their employers, clients, associates, and the public confidentially, with integrity, fidelity and honesty. |
| ii. | must not undertake work under conditions or terms that would compromise their ability to carry out their responsibilities in accordance with the norms of the profession; |
| iii. | must not engage in any act of dishonesty, corruption or bribery; iv. must disclose to their employers and clients, or prospective employers or clients in writing: — |
| (a) | any interest, whether financial or otherwise, which they may have in any business undertaking or with any person, and which is related to the work for which they may be or have been employed; |
| (b) | particulars of any royalty or other benefit which accrues or may accrue to them as a result of the work; with the client or employer concerned; and |
| (c) | the status of their professional indemnity insurance cover, upon request; |
| v. | may not, either directly or indirectly, receive any gratuity, commission or other financial benefit for any article or process used in, or for the purpose of, the work for which they are employed, unless such gratuity, commission or other financial benefit has been disclosed in writing to the employer or client concerned; |
| vi. | must avoid situations that gives rise to a conflict of interest or the potential for such conflict of interest; |
| vii. | may not knowingly misrepresent, or permit misrepresentation of their own or any other person’s academic or professional qualifications or competency, nor knowingly exaggerate their degree of responsibility for any work; |
| viii. | must give professional decisions, recommendations or opinions that are honest, objective and based on facts; |
| ix. | may neither personally nor through any other person, improperly seek to obtain work, or by way of commission or otherwise, make or offer to make payment to a client or prospective client for obtaining such work; |
| x. | must ensure that any work approved or certified by them, has been reviewed or inspected to the extent necessary to confirm the correctness of the approval or certification; |
| xi. | may not, unless required by law or by these Rules, divulge any information of a confidential nature which they obtained in the exercise of their duties; |
| xii. | must notify Council on becoming insolvent where such insolvency is caused by his or her negligence or incompetence in performing work in the registration category according to the relevant scope of works; |
| xiii. | must, without delay, notify Council if they become subject to one or more of the following: |
| (a) | removal from an office of trust on account of improper conduct; |
| (b) | being convicted of an offence and sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both. |
Registered Persons:
| i. | must at all times have due regard for and give priority to the health, safety and interest of the public. |
| ii. | must when providing professional advice to a client or employer, and such advice is not accepted, inform such client or employer of any consequences which may be detrimental to the health, safety or interests of the public and the same time inform the Council of their action. |
| 4.4. | Diversity Equity and Inclusion |
Registered Persons:
| i. | should be aware and consider the possible ways their work can create inequality and aim to reduce the impacts of existing systemic inequities. |
| ii. | should uphold basic human dignity by considering the respectful treatment of all gender identities, cultural and ethnic backgrounds, and physical abilities. |
| 4.5. | Environmental Sustainability |
Registered Persons:
| i. | have due regard for, and their work, avoid or minimize, adverse impact on the environment; and |
| ii. | strive to ensure that in meeting present development needs, the ability of future generations to meet their needs is not compromised; |
| 4.6. | Dignity of the Profession |
Registered Persons:
| i. | must order their conduct so as to uphold the dignity, standing and reputation of the profession; |
| ii. | may not maliciously or falsely, whether in the practice of their profession or otherwise, knowingly injure the professional reputation or business of any other Registered Person or the reputation of the Council; |
| iii. | may not improperly supplant or attempt to supplant a Registered Person in a particular engagement after such Registered Person has been employed; |
| iv. | may not advertise their professional services in a misleading or exaggerated manner or in a manner that is harmful to the dignity of the profession; |
| v. | may not review the work carried out for a particular client by another Registered Person, except— |
| (a) | where the review is carried out for a different client; or |
| (b) | with the prior knowledge of the other Registered Person; or |
| (c) | after receipt of a notification in writing from the client that the engagement of the other Registered Person has been terminated; or |
| (d) | where the review is intended for purposes of dispute resolution or legal proceedings, including proceedings arising from these Rules; or |
| (e) | for routine or statutory checks. |
| 4.7. | Administrative functions |
Registered Persons:
| i. | may not without satisfactory reasons destroy or dispose of, or knowingly allow any other person to destroy or dispose of, any information within a period of 5 years after completion of work concerned; |
| ii. | may not place contracts or orders, or be the medium of payments, on their employer's or client's behalf without the written authority of the employers or clients; |
| iii. | may not issue any information prepared by them or by any other person under their direction or control, unless this information bears— |
| (a) | the name of the organization concerned; |
| (b) | the name the Registered Person concerned or another appropriately qualified and authorized person; and |
| (c) | the date of preparation. |
| i. | may, in instances where the signature of a Registered Person is required, use an electronic signature as defined in the Electronic Communications and Transactions Act, 2002 (Act No.25 of 2002) |
| ii. | must order their conduct in connection with work outside the borders of the Republic of South Africa in accordance with these rules in so far as they are not inconsistent with the law of the country concerned: Provided that where there are recognized standards of professional conduct in a country outside the Republic, they must adhere to those standards in as far as they are not inconsistent with these rules. |
| iii. | must supervise, and take responsibility for, work carried out by their subordinates including persons registered as candidates; |
| iv. | must ensure that, while engaged as partners, directors, members or employees of a business undertaking which performs work, the control over the work is exercised, and the responsibility in respect thereof is carried out by a Registered Person other than a person registered as a candidate in terms of section 18(1)(b) of the Act; |
| v. | must, when requested by the Council to do so, in writing provide the Council with all the information available to them which may enable the Council to determine which Registered Person was responsible for any act that the Council may consider prima facie to be improper conduct; |
| vi. | must notify Council without delay of any change of his or her physical address; |
| vii. | must within 30 days respond to correspondence received from clients, colleagues, and Council in so far as it relates to work or proceedings in terms of these Rules. |
