Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of the Chemical Industries and Training Authority (CHIETA)AnnexuresAnnexure E : Code of Conduct |
| 1. | INTRODUCTION |
| 1.1 | Policy |
The CHIETA, its members and employees, are committed to a policy of fair dealing and integrity in the conduct of their business. This commitment, which is actively endorsed by the CHIETA, is based on a fundamental belief that business should be conducted honestly, fairly and legally. The Governing Board expects all members and employees of the CHIETA to share its commitment to high moral, ethical and legal standards.
| 1.2 | Understanding the Code |
This document outlines the CHIETA’s Code of Conduct ("the Code"), which applies equally to all members of the CHIETA. Compliance with the Code by all members is mandatory.
| 2. | COMPLIANCE WITH LAWS AND REGULATIONS |
Members must comply with all applicable laws and regulations, which relate to their activities for and on behalf of the CHIETA.
| 3. | CONFLICT OF INTERESTS |
| 3.1 | Members are expected to perform their duties conscientiously, honestly and in accordance with the best interests of the CHIETA. Members must not use their positions and or knowledge gained through their relationship with the CHIETA for private or personal advantage, or in such a manner that a conflict or an appearance of conflict arises between the CHIETA's interests and their own personal interests. |
| 3.2 | A conflict could arise where a member, family members or a business with which the member or family member is associated obtains a gain, advantage or profit by virtue of the employee and/or member's position or knowledge gained through that position. |
| 3.3 | lf members perceive that a course of action, which has been pursued, is being pursued or is intended to be pursued, may give rise to a conflict of interest or a perceived conflict of interest, they must immediately disclose all known facts to the Executive Officer. The Executive Officer will, in consultation with the Executive Committee, make a determination, which determination is final and binding. |
| 3.4 | Members who hold, or have been invited to hold, outside directorships should take particular care to ensure compliance with all provisions of this Code. When outside business directorships are being considered, prior approval must be obtained from the Executive Officer. |
| 3.5 | Relationships with Clients, Customers and Suppliers |
Members should ensure that they are independent from any business organisation having a contractual relationship with the CHIETA or providing goods or services to the CHIETA if that association might influence or create the impression of influencing their decisions or the performance of their CHIETA duties. Under these circumstances, Members should not invest in, nor acquire a financial interest, directly or indirectly, in such an organisation or should disclose such relationship to the Governing Board
| 4. | BUSINESS PRACTICES |
| 4.1 | Gifts, Hospitality and Favours |
Gifts, hospitality and entertainment may only be offered to a third party if they are consistent with customary business practice, modest in value, not in contravention of any applicable law and where public disclosure thereof would not embarrass the CHIETA.
| 4.2 | A member shall not accept gifts, hospitality or other favours from suppliers of goods or services. However, acceptance of the following would not be considered contrary to such policy: |
| 4.2.1 | advertising matter of limited commercial value: |
| 4.2.2 | occasional business entertaining such as lunches, cocktail parties or dinners; and |
| 4.2.3 | occasional personal hospitality such as tickets to local sporting events or theatres. |
| 4.3 | A member may not accept personal favours or other preferential treatment that might in return place the recipient under any obligation. |
| 4.4 | Should a member receive unsolicited gifts, not within reasonable and acceptable limits, he/she must immediately advise the Executive Officer of such unsolicited gifts, who will resolve to return the gifts, or alternatively donate them to a reputable charity. A register of such returns will be maintained by the secretariat. |
| 5. | CHIETA FUNDS AND PROPERTY |
| 5.1 | Members must at all times ensure that the CHIETAs funds and property are used only for legitimate business purposes. When the CHIETAs funds are to be spent, it is the responsibility of the member to use good judgement and to ensure that appropriate value is received by the CHIETA for such expenditures. |
| 5.2 | Any member, who becomes aware that the CHIETA'S funds or property may be used in a fraudulent or improper manner, should immediately and in confidence advise the Executive Officer of such incident in the manner prescribed below or contact the CHIETA Antifraud hotline. |
| 6. | ACCOUNTING STANDARDS |
The CHIETA’s books and records must reflect all business transactions in an accurate and timely manner in conformity with' generally accepted accounting principles. Non-disclosure of revenues, expenses, assets or liabilities is not permitted. Members responsible for the accounting and record-keeping functions are expected to be diligent in enforcing proper practices.
| 7. | SECURITY OF INFORMATION |
In the regular course of business, the CHIETA accumulates a considerable amount of information. The following principles are to be observed:
| 7.1 | Obtaining and Safeguarding Information |
Only information necessary to the CHIETA'S business shall be collected, used and retained. Personal information should be obtained directly from the person or organisation concerned. Only reputable and reliable sources should be used to supplement this information.
| 7.2 | Access to Information |
No confidential information may be disclosed by any employee or member, including but not limited to information regarding products, plans, business transactions, personal information, salaries, without prior authorisation unless in the ordinary course of business.
| 8. | CONTRAVENTION OF THE CODE |
| 8.1 | Any contravention of the Code is considered to be a serious offence. Any member who suspects that they may have contravened the Code should immediately advise the Executive Officer or report the matter to the CHIETA Antifraud hotline. |
| 8.2 | Members suspecting a contravention of the Code by another member should report this, preferably in writing, to the Executive Officer. By following this process, confidentiality will be maintained and the matter will be investigated impartially. |
| 8.3 | A contravention of the Code may result in disciplinary action being taken that could result in the termination of employment or membership to the CHIETA. |
| 9. | DISCIPLINARY PROCEDURE |
| 9.1 | If a member is reasonably suspected of having breached this Code then the Governing Board may convene a hearing into the matter. |
| 9.2 | The Chairperson of the Governing Board must notify the member in writing of the charges against him or her. |
| 9.3 | The member must be afforded an opportunity to represent his/her case. This includes calling witnesses, giving oral evidence and presenting documentary evidence. |
| 9.4 | The Chairperson must chair the hearing. |
| 9.5 | If the Chairperson, on a balance of probability finds that the member has indeed transgressed the Code then the Chairperson may make a recommendation in writing to the Governing Board to sanction the member by issuing a written warning or by removing the member. |
| 9.6 | The Chairperson must set out briefly the' charge against the member, the evidence led at the hearing as well as his / her finding and recommendation. |
| 9.7 | The Governing Board makes the final decision on the appropriate sanction of the member. |
| 9.8 | If the member is removed by way of this disciplinary process then the organisation which the member represented may then nominate a new member for appointment to the Governing Board. |
| 9.9 | If the transgression constitutes a criminal offence then the Chairperson must report the matter to the South African Police Services. |