ZIE RULES OF CONDUCT BDA

Acts and Rules Published By: The Zimbabwe Institution of Engineers

RULES OF CONDUCT

In accordance with Section 67 of the Zimbabwe Institution of Engineers Rules, 2010, the Board of the Institution has by resolution at its meeting held on the 28 October 2010 made the following Rules of Conduct. In terms of the Rules, it is incumbent on every member of the Institution to observe these rules in so far as they apply to him.

A code of professional conduct designed to cover all eventualities must necessarily be written in general terms expressing broad ethical principles. Almost every case of doubt as to the proper course of action required to conform to a code of professional conduct arises from a conflict between a member’s personal interest and his duty to others. Rules issued by the Board indicate the manner in which members are required to conduct themselves in a number of situations that are frequently encountered. In other situations, members are required to order their conduct in accordance with the principle that, in any conflict between a member’s personal interest and fair and honest dealing with other members of the community, his duty to the community must prevail.

In terms of the Rules the Board of the Institution will consider all cases of breach of these Rules that are brought before it.

Rule 1.0. A member, in the course of his/her employment and in pursuance of his/her profession, shall have due regard for the public interest.

Rule 1.1. A member, in the course of his/her employment and in pursuance of his/her profession, shall have due regard to the Environmental Code Professional Practice approved by the Board of the Institution.

Rule 2.0. A member shall act for his/her employer or for his/her client as a faithful agent and trustee and shall discharge his/her duties with integrity.

Rule 2.1. A member whose professional advice is not accepted shall take all reasonable steps to ensure that the person overruling or neglecting his/her advice is aware of any danger which the member believes may result from such overruling or neglect.

Rule 2.2. A member shall not misrepresent his/her qualifications to a prospective employer or client and shall render only such professional service for which he/she is qualified by training and experience.

Rule 2.3. A member, without disclosing the fact to his/her employer in writing, shall not be a director of, nor have financial interest in, nor be agent for, any company, firm, association, partnership, syndicate, any other association of persons which is not a body corporate or person carrying on any business which is or may be involved in the work to which his/her employment relates; nor shall he/she receive remuneration for his/her services from more than one source for the same service or work.

Rule 2.4. A member shall pay due regard to the intellectual property of any other party.

Rule 3.0. A member shall act in a manner to uphold the honour, dignity, integrity and reputation of the profession.

Rule 3.1. A member shall take all reasonable steps to maintain and develop his/her professional competence by attention to new developments in science and engineering relevant to his/her field of professional activity and shall assist persons working under his/her supervision to do so.

Rule 3.2. A member shall not publicly express an opinion on an engineering subject unless he/she is informed of the facts relating to that subject and has disclosed to the person or persons to whom the opinion is directed any association he/her may have with any party which may benefit from his/her statement, and then only when founded on adequate knowledge and honest conviction.

Rule 3.3. A member shall not, in self-laudatory language or in any manner derogatory to the dignity of the profession, advertise or write articles for publication, nor shall he/she authorize any such advertisement or article to be written or published by another person.

Rule 4.0. A member shall not falsely, maliciously or recklessly injure or attempt to injure whether directly or indirectly the professional reputation, prospects or business of another member of the engineering profession.

“Extract from Zimbabwe Institution of Engineers Rules, 2010”

“Statutory Instrument 88 of 1987”

Part X

DESCIPLINE OF MEMBERS

Professional conduct of members

67. (1) Every member shall so order his/her conduct as to uphold the status of the Institution and the dignity of his/her profession or calling and shall act in a strictly fiduciary manner towards his/her clients, employers and others with whom his/her work is connected and towards other members and generally in a manner consistent with the best interests of the Institution.

(2) Without prejudice to the generality of subsection (1) and the purpose of ensuring compliance with its provision the Board may –

(a) make rules to be observed by members with regard to their conduct in any respect that may be relevant to their position as members in the Institution; and

(b) give directions as to the conduct of members in specific situations;

and may at any given time amend or rescind any such rule or direction.

(3) The Board shall ensure that rules or directions in terms of subsection (2) are published or notified to the members in such manner as the Board considers will best ensure their dissemination to members affected by them.

(4) It shall be the duty of every member to acquaint himself/herself with and abide by all rules made or given in terms of subsection (3), in so far as such rules or directions apply to them.

Inquiries in terms of Section 24 of The Act

68. (1) If an allegation is made to the Board, or the Board otherwise has reason to suspect, that –

(a) a member has been convicted of an offence and sentenced to imprisonment without the option of a fine; or

(b) the estate of a member has been declared insolvent; or

(c) a member has been guilty of unworthy or unprofessional or dishonorable conduct;

the Board shall forthwith either conduct such investigation into the matter as it thinks appropriate or if it considers it expedient to do so, appoint a committee to investigate the matter and report to the Board thereon.

(2) After conducting an investigation or receiving a report from a committee appointed in terms of subsection (1), the Board may resolve that there is substance in the allegation against the member concerned.

Provided that before so resolving the Board shall give the member an opportunity to appear before the Board in person and with such legal representation as he/she may desire in order to state his/her case and meet any allegations against him/her.

(3) The costs of any legal representation incurred by a member in connection with any inquiry or investigation in terms of this section shall be borne by such member.

(4) If the Board resolves that there is substance in an allegation against a member, it may apply to the High Court in terms of Section 24 of the Act for the suspension of the member or for the removal of his name from the register.


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